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Thread: New here, question about carrying in your car

  1. #1
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    New here from East Denver. Not OC'ing yet, gotta get a pistol first. But I plan to when I get one. Saving as hard as I can.


    If this has already been covered, forgive me. I have searched and searched but haven't found anything about this specific scenario.

    So if I am carrying in my car (without a CCW) and the firearm is concealed (as I understand is legal), and I have official LEO contact, do I need to say anything about it? Should I say anything if not required? Any experience with this?

    Thanks

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    I use the "need to know" approach. I.e. if my gun is in my glove compartment and I'm getting my registration out, I'll let the LEO know it's there so he doesn't think I'm trying to draw it on him. That's not a legal allowance thing. That's just commonsense not getting my head blown off. If it's on my hip, I keep my hands visible and not worry about it. If it's concealed, I'm all for don't ask, don't tell.

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    thats what i was thinking my approach would be, as long as its legal.

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    No reason to say anything at all. It just increases the chance of a long, drawn out encounter if you get an ignorant LEO.

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    I got pulled over about a week after getting my ccw bythe state patrol for not using a turn signal.

    The officer got my license and registration then went back to his car and ran my license. He then came back up and asked if I had a firearm in the car. I told him yes and told him where it was. He asked for my ccw permit and told me that I was supposed to let them know there was a firearm in the car.



    I am pretty sure this is not the case, but would appreciate any legal references that are available. I haven't been able to find any.



    I didn't get a ticket, but who knows.

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    That is not the case. You don't need a CCW to carry in your car, open or concealed, anywhere in Colorado including Denver. You can't find a reference on notifying an LEO because it doesn't exist. You can search the statues here: http://www.michie.com/colorado/lpext...-h.htm&cp= . The criminal code regarding firearms is in the 18-12-100s and the CCW stuff is in the 18-12-200s.

    If you are asked by an LEO if you have a firearm during an encounter, don't lie because that CAN be used against you. Either tell the truth or refuse to answer. Refusing to answer cannot serve as the legal basis for further action.

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    Thanks for the web site. I will look thru it.

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    as i understand it, you were asked about a firearm because he must have found out when running your license that you had a CCW. while you don't need to tell LEO about the gun in your car if you are carrying, you do need to inform the LEO if you have a CCW, and then subsequently if you are carrying. again, this is just the way i understand it.


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    bomber wrote:
    as i understand it, you were asked about a firearm because he must have found out when running your license that you had a CCW. while you don't need to tell LEO about the gun in your car if you are carrying, you do need to inform the LEO if you have a CCW, and then subsequently if you are carrying. again, this is just the way i understand it.
    It doesn't really matter why you are asked. In a vehicle you don't need a permit. As CRS 18-12-204 (2)(a) states:

    The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit.
    However, (3)(a) states:
    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;
    So in your car you are not "actually" in possession of a concealed handgun, hence no need for a permit and no need to produce a permit even upon the "demand" of an LEO. There is no requirement that you produce a permit for ANY reason other than to show an LEO while in actual possession of a concealed handgun. Perhaps the LEO did see the CCW while running the DL, and decided to "ask" about a firearm. LEOs can "ask" whatever they want and while it often comes across as a lawful demand, it is not. And again, there is no requirement that you notify an LEO either, despite what they might say.

  10. #10
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    Love to cite this in CO statutes, but it's tough to cite something that doesn't exist. CO is a not a "must inform" state when it comes to carrying in a vehicle. That is, you are not required to volunteer to the LEO that a gun is in your possession when stopped. Now as to why I say it doesn't exist--there isn't a statue that says youhave to tell the LEO, nor is there one explicitly saying that you don't have to. Other states ARE. Check out which ones are using the click-able map on the handgunlaw.us website.

    LEOs and former LEOs with whom I've spoken would much rather you just be honest with them so that there's no surprise-factor--because as long as the gun is for "legal purposes" (and it would be hard to prove otherwise unless it was REAL obvious)and you are not prohibited from owning/possessing a handgun for other reasons,you are perfectly within your rights to possess it, hidden or not.


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    You have no duty to tell the cop anything. Carrying in your car, concealed or not, is perfectly legal in Colorado--including Denver County. CCWs are not tied to drivers licenses, so the cop was on a fishing trip. The correct answer is "if I do, I have the legal right to do so. Why are you asking?" If the cop states falsely you need a CCW, simply state he is incorrect and you will be contacting his supervisor so he can correctly state the law in the future. Or suggest he call him now to learn how to do his job. The state cops are highway bandits looking for revenue because the governor, Tax Ritter, can't raise taxes fast enough. He stopped you for a turn signal. That type of chicken **** stop means he won't have to get involved in any real situation where he may have to earn his pay. And cops wonder why they are so often held in contempt.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Gunslinger wrote:
    You have no duty to tell the cop anything. Carrying in your car, concealed or not, is perfectly legal in Colorado--including Denver County. CCWs are not tied to drivers licenses, so the cop was on a fishing trip. The correct answer is "if I do, I have the legal right to do so. Why are you asking?" If the cop states falsely you need a CCW, simply state he is incorrect and you will be contacting his supervisor so he can correctly state the law in the future. Or suggest he call him now to learn how to do his job. The state cops are highway bandits looking for revenue because the governor, Tax Ritter, can't raise taxes fast enough. He stopped you for a turn signal. That type of chicken @#$% stop means he won't have to get involved in any real situation where he may have to earn his pay. And cops wonder why they are so often held in contempt.
    I agree with much of what you said Gunslinger, but my understanding from RMGO is that, although voluntary, most CO Sheriffs do submit their CCW list to the CCIC, so it would come up during a stop. Here 's the link from RMGO, though I'm not sure how current this info is: http://www.rmgo.org/ccwguide/counties.shtml

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    I offer this advice. Having lived in Texas where "IF" you were carrying and were stopped by LEO you must provide LEO with both your Drivers License and CCW Permit. If you are not carrying then no requirement to notify. Colorado is not offically this way but I belive in being proactive about notification and both CSP and local LEO's appreciate knowing in advance. They tend to view CCW holders as law abiding citizens and may grant you a break, does not work for excessive speeding though, and not from first hand experience.

    I was recently stopped by CSP west of South Park on 285 for having a trailer light out. It as dark and I was open carrying. I provided the officer both license and permit and he thanked me for letting him know. A brief check and a back to the drivers side window and we had a nice chat. He gave me his card and told me to drive safe the rest of the evening... Very pleasant experience. The bottom line here is that although it is not offically required, should you travel to another state you are required to know that states laws regarding your CCW. Texas, Utah and a ew others require you to notify the LEO upon contact. Be prepared to produce it if necessary.

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    You don't have to tell a cop anything. The less they know about you the better. As a matter of course I never tell a cop if I have a weapon. Of course, I'll never allow a cop to search my car either. And if they do search your vehicle with PC. Don't worry. No law against not telling them. Just say you forgot.

    When I went through the HRPSTI police academy we had a Douglas County Deputy (originally from MA, no less) tell a story about a civilian (he over used this word) carrying concealed in his vehicle. He pulled a guy over, went to his window, talked to him, got his license, etc. then he asked if the man had any weapons. And the man said he did. The deputy said he was pissed he wasn't informed of the weapon right off the bat. So he asked him why he had the gun and the guy told him something like going shooting or transporting it. Well to him that reason didn't fit the statute. So he wrote the man an unlawful carrying a concealed weapon citation to "teach him a lesson". It wasn't about breaking the law to this "deputy" because he even admitted the guy would probably get off the charge when he issued it.


    And to above poster LEO's know you have a permit as soon as the run your license.

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    Regular Member Gunslinger's Avatar
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    CCIC database is run for wants and warrants, as I understand it, during a traffic stop--not any listing of CCW which would at best be incomplete. The RMGO posting is old. Anybody have newer info? El Paso county does not supply this info. Our sheriff understands the constitution to mean 'the right of the people' just like it reads.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    CCIC also contains "person of interest" entries. These entries can include CCW info, ir your Sheriff provides that. It can also let an LEO know that they are dealing with another LEO.


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    In Texas if you don't have a Conceal Carry Permit you may still TRAVEL with a loaded pistol the definition of traveling was clarified by a judge as being two or more counties. My father always carries with no CCP and when hes stopped he is Traveling who's to say he didn't change his mind about going to the local store and instead was going to visit a friend two counties over.


    Working In Law Enforcement in Texas You are required to tell the officer that you are Conceal carrying if he asks "which he will because when he runs your drivers license/Vehicle license it shows your have a CCP and the dispatcher will most definitely tell the officer that you are.

    I personally recommend for those who have no CCP carrying some sort of combination suitcase that you can close when a traffic stop is initiated then claim not to know the combination as it is someone elses "but that's not likely to even happen due to the fact that you shouldn't submit to a search unless there is a warrant.

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    Whiskeyjack wrote:
    In Texas if you don't have a Conceal Carry Permit you may still TRAVEL with a loaded pistol the definition of traveling was clarified by a judge as being two or more counties. My father always carries with no CCP and when hes stopped he is Traveling who's to say he didn't change his mind about going to the local store and instead was going to visit a friend two counties over.


    Working In Law Enforcement in Texas You are required to tell the officer that you are Conceal carrying if he asks "which he will because when he runs your drivers license/Vehicle license it shows your have a CCP and the dispatcher will most definitely tell the officer that you are.

    I personally recommend for those who have no CCP carrying some sort of combination suitcase that you can close when a traffic stop is initiated then claim not to know the combination as it is someone elses "but that's not likely to even happen due to the fact that you shouldn't submit to a search unless there is a warrant.
    The travel requirement is no longer necessary in Texas since House bill 1815. Now you can't get charged by an over-zealous DA because you can carry in your car any time.

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    I just noticed the under CO it reads "Open Car Carry You may open carry in a vehicle. It must be clearly visible." Not true. It can be concealed.

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