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Visiting Colorado Soon

C

ca2az96

New member
Joined
Jul 25, 2008
Messages
85
Location
Flagstaff, Arizona, USA
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Hello, I am visiting Colorado soon, and want to clarify a few things first. For informational purposes, I do not have a CCW, so these questions will be for someone with no permit. As I have read through your forum, I am confused on a couple things:

1. On the Travel Map on OCDO, it shows Open Car Carry with no restrictions, however on the Colorado Main Page, it says that the Gun must be clearly visible. Which is it? No restrictions usually means I have my choice of clearly visible, Glove box, between the seats, etc.

2. The Restaurant Carry map shows no restrictions as well. Can I OC in an Applebees, and haveA beer while doing so? Obviously, I am not wanting to drink excessively, but I want be clear on the law. Here in AZ, we can not even be in an establishment that serves alcohol, whether we are drinking or not.

3. If there is a business posted on the door, "No Firearms", can I still enter anyway? I know I must leave immediately if the business manager or owner asks me to, but what about just a sign without being asked to leave?

4. Am I required to inform a cop that there is a firearm in the car if I am stopped?

5. I know Denver gets away with denying my right to OC, and Open Car Carry. Can I still carry in my glove box fully loaded, or somewhere else in the car that is concealed?

6. Is there any other locality (City of County) in Colorado that has the legal ability to deny me OC or Open Car Carry? If so, which localities?

7. Can I OC in National Forests in Colorado? State Parks? City Parks? Any restrictions?

8. Is Colorado a "Stop and I.D." State? In other words, if I am walking somewhere, and OC'ing, can a cop stop and demand ID from me? Do I have the right to refuse ID?

I know I have asked a lot of questions, but I want to be clear on what I can and can not do while in your Beautiful State. When answering, can you please cite the law pertaining to my question? Thank you all for the help you will be offering!
 
PikesPeakMtnMan

PikesPeakMtnMan

Regular Member
Joined
Oct 16, 2008
Messages
425
Location
Colorado Springs, Colorado, USA
imported post

CO is pretty gun friendly.

Here's my answers to your questions, I'm sure others will correct me if I'm wrong about anything.

1. You can carry however you want in your car
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(b) Carries a firearm concealed on or about his or her person;
(2) It shall not be an offense if the defendant was:(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling;
-----------
18-12-204. Permit contents - validity - carrying requirements.
(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed: (I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense;

​
2. You can carry in bars and restaurants, you could even drink...however you cannot be "under the influence" and carrying....what exactly "under the influence" means is not defined in our laws
18-12-106. Prohibited use of weapons.
(1) A person commits a class 2 misdemeanor if:
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
​

3. Signs here do not carry any legal weight

4. No requirement to inform LEO if you're pulled over

5. You can carry fully loaded and concealed in your car

6. Only the city of Denver....which I believe includes some Mountain Parks even though they lie FAR away from the city itself

7. National Forests and State Parks are fine to carry in, city parks MAY disallow OC depending on the city but they must post signs at all entrances
29-11.7-104. Regulation - carrying - posting.
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.
​


8. LEO may only demand ID with RAS of a crime
16-3-103 - Stopping of suspect.[align=right] [/align] (1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.(2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.
(2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.
​
See the laws here
 
Yooper

Yooper

Regular Member
Joined
Aug 14, 2008
Messages
800
Location
Houghton County, Michigan, USA
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I personally would print (from the state of Colorado's website) 18-12-105 and 18-12-204, highlight the areas that state it is ok to carry a loaded handgun in your car, and that it is an exemption to carrying a concealed weapon.

I had lived in CO for 8 years and personally knew some state troopers who didn't know the law. They thought it was illegal to carry a loaded handgun in your car. They were under the assumption that it was legal to carry a handgun anywhere in your car provided that it was NOT loaded.

I was able to get one of them to agree after I challenged them to find the law that makes carrying a loaded handgun illegal. Unfortunately I never got to offer the same challenge to the other one.
 
C

colorado slick

Regular Member
Joined
Oct 13, 2007
Messages
111
Location
Windsor, Colorado, USA
imported post

Yooper wrote:
I personally would print (from the state of Colorado's website) 18-12-105 and 18-12-204, highlight the areas that state it is ok to carry a loaded handgun in your car, and that it is an exemption to carrying a concealed weapon.

I had lived in CO for 8 years and personally knew some state troopers who didn't know the law. They thought it was illegal to carry a loaded handgun in your car. They were under the assumption that it was legal to carry a handgun anywhere in your car provided that it was NOT loaded.

I was able to get one of them to agree after I challenged them to find the law that makes carrying a loaded handgun illegal. Unfortunately I never got to offer the same challenge to the other one.
Click to expand...

Perhaps those two were hoping that they could convience you that it was illegal to carry a loaded weapon. That is a sham some cops will use.



Colorado Slick
 
Yooper

Yooper

Regular Member
Joined
Aug 14, 2008
Messages
800
Location
Houghton County, Michigan, USA
imported post

colorado slick wrote:
Perhaps those two were hoping that they could convience you that it was illegal to carry a loaded weapon. That is a sham some cops will use.



Colorado Slick
Click to expand...

Maybe, I don't know. Since the original poster is not a resident of Colorado, I think it would be in his best interest to have the law printed from the CBI website, and have the pertinent sections highlighted.

In a situation where you have a hard headed cop, he could at least show the law as printed from the CBI website and show the officer where he believed the law allowed him to carry a concealed weapon in his vehicle.
 
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