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Thread: Moving to CO

  1. #1
    Regular Member Beau's Avatar
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    I've become quite accustomed to Indiana gun laws.There aren't many.

    Can someone give me a quick rundown of CO gun laws? Also the sections of code to look up would be appreciated.

    Here is what I believe to be true. Correct me if I'm wrong.

    1) CO is an open carry state. No license/permit required to OC.

    2) Denver is off limits for any type of carry.

    3) Can carry with one in the chamber or under the hammer, OC/CC.

    4) Carry in bars okay, CC/OC.

    5)No Firearms signs in CO carry force of law.

    6) CO has preemption with the exception of Denver.

    7) Colorado has a No Duty To Retreat Statue.

    Where I really need guidance is in the laws regarding car carry. As I will be OC'ing at all times until I receive my license/permit. In CO is it called a license or permit?

    Also, I will be moving to Eastern CO, Byers area if anyone knows where that is. Can you tell me of any ranges/clubs in the area? Specifically ones that host USPSA and Steel Challenge matches.

    Thanks in advance for your help.

    Edit to add: Also looking for a general firearms discussion board specifically for CO. In Indiana we have ingunowners.com. It is a great site with lots of general firearms info. Definitely worth checking out.

    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  2. #2
    Lone Star Veteran Ian's Avatar
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    Beau wrote:
    I've become quite accustomed to Indiana gun laws.There aren't many.

    Can someone give me a quick rundown of CO gun laws? Also the sections of code to look up would be appreciated.

    Here is what I believe to be true. Correct me if I'm wrong.

    1) CO is an open carry state. No license/permit required to OC.

    2) Denver is off limits for any type of carry.

    3) Can carry with one in the chamber or under the hammer, OC/CC.

    4) Carry in bars okay, CC/OC.

    5)No Firearms signs in CO carry force of law.

    6) CO has preemption with the exception of Denver.

    7) Colorado has a No Duty To Retreat Statue.

    Where I really need guidance is in the laws regarding car carry. As I will be OC'ing at all times until I receive my license/permit. In CO is it called a license or permit?

    Also, I will be moving to Eastern CO, Byers area if anyone knows where that is. Can you tell me of any ranges/clubs in the area? Specifically ones that host USPSA and Steel Challenge matches.

    Thanks in advance for your help.

    Edit to add: Also looking for a general firearms discussion board specifically for CO. In Indiana we have ingunowners.com. It is a great site with lots of general firearms info. Definitely worth checking out.
    IANAL and I don't really have the time right now to look up the codes, but I've been open carrying for a while in Colorado now and this is what I know.

    1) TRUE


    2) FALSE, Concealed carry is legal in Denver if you have a concealed carry permit, or if the gun is in your vehicle.

    3) TRUE

    4) TRUE

    5) Actually, "NO FIREARM" signs carry no legal weight in Colorado. However, if a property owner of an establishment asks you to leave, you have to leave or face trespassing. Furthermore, a city municipality can make certain places or buildings off limits for open carry, but signs must be posted at EVERY entrance. Obviously, if there are metal detectors at the entrances to a building, carry is off limits as well.


    6) TRUE

    7) I'm pretty sure that Colorado has no duty to retreat law (Someone correct me on this if I'm wrong). With the Castle doctrine, also your vehicle and your place of business are considered an extension of your home and you absolutely have no duty to retreat there. Obviously, if you can avoid using deadly force, then avoid it. If it is not the only option left, you would be doing yourself a favor to avoid the legal troubles caused by taking someone's life.

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    I looks like Ian has it right with the exception of #2. Concealed carry is legal in Denver, if you can legally conceal. This mean you either have a permit, or you're in a vehicle. You do not need a permit to conceal in a vehicle, so you can drive through Denver without a permit, but you can't get out.

    I have not been there, but Lead Valley is being built right next to Byers right now. I think it's about halfway done right now, and I think what is finished is open.

    A local carry site to check out is the Rocky Mountain Gun Owners (rmgo.com).

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    Some home-rule municipalities are claiming the right to regulate open-carry under the same court ruling that allowed Denver to prohibit it (the "Meyer" ruling). Many towns do have firearms ordinances on the books that may or may not stand up in court.

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    Regular Member Beau's Avatar
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    Dynamite Rabbit wrote:
    Some home-rule municipalities are claiming the right to regulate open-carry under the same court ruling that allowed Denver to prohibit it (the "Meyer" ruling). Many towns do have firearms ordinances on the books that may or may not stand up in court.
    I think I read that Longmont or some place in that area was trying to pull that. Didn't think it would work though.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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    Longmont has an ordinance that prohibits all firearms in parks. I think they would recognize that they can't prohibit concealed-carry, but they do claim that the Meyer decision applies to them regarding open-carry. I looked at several other cities' municipal codes and found that most have some sort of weapons prohibition. I *think* Broomfield and Lafayette were a couple I investigated, and possibly Telluride.

  7. #7
    Regular Member Beau's Avatar
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    That is such crap. Has no one tested it?
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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    also to add to your list, you can carry in your car, anywhere, anytime (except for federal or state government property, or where prohibited by signage) concealed or otherwise, including denver, without a permit.

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    Also to note- Denver city parks cover a very, very large area of the Metro-Denver parks in general. Double check any park or nature area that you my be visiting- as the land could be owned by Denver and subject to a firearm ban. For example- Red Rocks- Denver owned.

  10. #10
    Regular Member Beau's Avatar
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    bomber wrote:
    also to add to your list, you can carry in your car, anywhere, anytime (except for federal or state government property, or where prohibited by signage) concealed or otherwise, including denver, without a permit.
    Can anyone else verify this? I can see OC car carry being legal without a license since CO is an open carry without a license state. But concealed car carry without a license????
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  11. #11
    Regular Member Beau's Avatar
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    cscitney87 wrote:
    Also to note- Denver city parks cover a very, very large area of the Metro-Denver parks in general. Double check any park or nature area that you my be visiting- as the land could be owned by Denver and subject to a firearm ban. For example- Red Rocks- Denver owned.
    Are you talking about Red Rocks amphitheater? Did not know that was Denver owned.

    Couple more things I thought of.

    1) Any state laws regarding carry into a bank?

    2) Does CO have registration? Before I left CO I owned one pistol and one shotgun. Don't remember registering either of them. That was a long time ago though.

    3) I have recently read that CO does not allow private sales of handguns or long guns. Is this true?
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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    http://www.denvergov.org/MountainPar...2/Default.aspx

    "TheDenver Mountain Parks System Although scattered in four counties, the Denver Mountain Parks make up a cohesive system of significant lands connected by watersheds, forests, sensitive ecosystems, trails, and scenic drives."
    Park and Amphitheatre Hours
    The park is open from 5AM to 11PM, daily free of charge.
    • Motorized vehicles and bicycles are allowed only on designated roads, parking areas and trails.
    • Fires and camping are prohibited.
    • No glass bottles or containers are allowed
    • No littering- Please use trash receptacles
    • No hunting
    • No fireworks or firearms permitted
    • Pets must be on a leash at all times
    • Consumption of beer, liquor or wine is prohibited
    • Rock climbing is prohibited
    All governing state statutes apply in the park. Dinosaur Ridge is located in close proximity to Red Rocks Park. This area contains actual dinosaur footprints and has its own visitor’s center. For more information, go to www.dinoridge.org


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    Beau wrote:
    That is such crap. Has no one tested it?
    The only "test" that I have conducted- Directly challenging/questioning the legal authority in charge of your area. I live in Lakewood and directly questioned the local authority here- this is a snippet of my response- I suggest that you seek the same information from your local authority (wherever you settle in).

    "City of Lakewood

    Office of the City Attorney
    Janet Young
    Deputy City Attorney
    445 South Allison Parkway Lakewood, CO 80226-3106
    (303) 987-7102
    August 19, 2009 FAX: (303) 987-7296

    Dear Mr. Scitney:
    I am writing in response to your recent email in which you inquired regarding the legality of openly carrying firearms within the City of Lakewood. As noted in your email, the open carrying or wearing of a firearm as set forth in Section 9.32.050 of the Lakewood Municipal Code is prohibited in any City park, community center, recreational facility, the Lakewood Civic Center, City trail, or City open space including any City owned, operated, or leased building or property when said City building or City property is posted with a sign at the entrance that informs persons that the open carrying of a firearm is prohibited in such building or area. The exceptions to said prohibition are listed within Section 9.32.050. The Lakewood Municipal Code does not otherwise prohibit the open carrying of firearms within the City limits."


    The only other "test" came in the form of a call to the local Broomfield police station- where I was told that openly carrying is prohibited by city ordinance and openly carrying in Broomfield would result in a criminal act.

    One thing is for sure- there's a massive amount of information to sort through.

  14. #14
    Regular Member entartet17's Avatar
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    Beau wrote:
    bomber wrote:
    also to add to your list, you can carry in your car, anywhere, anytime (except for federal or state government property, or where prohibited by signage) concealed or otherwise, including denver, without a permit.
    Can anyone else verify this? I can see OC car carry being legal without a license since CO is an open carry without a license state. But concealed car carry without a license????
    18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
    ....
    (2) It shall not be an offense if the defendant was:
    (a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
    (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;


    "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs of freedom" -- Garet Garrett, The Revolution Was (1938)

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    Colorado Revised Statutes Title 18, Article 12 is the section regarding firearms. You can find the entire CRS at http://www.michie.com/colorado/lpext...main-h.htm&cp=

    Concealed carry is straightforward. The only prohibited places are cited in 18-12-214. Authority granted by permit - carrying restrictions.

    In a nutshell, prohibited places are:
    1) Federal property (note: banks are NOT federal property)
    2) Buildings/areas with permanently-installed metal detectors and security
    3) K-12 schools and property
    4) Private property (unless authorized by owner)

    State preemption completely covers concealed carry. No town will successfully prosecute an (illegal) ordinance against concealed carry (including Denver).

    The problem is with open carry, and this is only due to the Meyer State Supreme Court decision. Municipalities have extended the Meyer decision to themselves, supposedly allowing them to regulate open carry. I'm not aware of any court cases supporting this.

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    The CRS section regarding state preemption is Title 29, Article 11.7 - Regulation of Firearms

    I think it's clear that the legislature intended that there be NO local ordinances regarding firearms, but then the courts got involved. I wish the legislature would straighten this out, but that doesn't look likely with the bunch we have.

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    Lone Star Veteran Ian's Avatar
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    FogRider wrote:
    I looks like Ian has it right with the exception of #2. Concealed carry is legal in Denver, if you can legally conceal. This mean you either have a permit, or you're in a vehicle. You do not need a permit to conceal in a vehicle, so you can drive through Denver without a permit, but you can't get out.

    I have not been there, but Lead Valley is being built right next to Byers right now. I think it's about halfway done right now, and I think what is finished is open.

    A local carry site to check out is the Rocky Mountain Gun Owners (rmgo.com).
    Oh I'm sorry I must've just skimmed over it thought he only said open carry. Yes concealed carry is legal in Denver with permit or in a car.

  18. #18
    Regular Member Beau's Avatar
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    Looks like I have a lot of reading to do. Does anyone have a link to the Meyer case?
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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    In short the answer I've reached is get your CCW permit even if you only plan to carry in your car. Otherwise you will most likely fall foul of the school zone law.

    You can carry in your car and conceal the weapon. A rifle or shotgun must have an empty chamber, mine is always unloaded, not sure if you can have any in the magazine. Handguns can be loaded and chambered.

    One thing I found out recently is the restriction of the 'School Zone' to carrying in your car.

    Maybe out of date but here is some info
    http://davekopel.org/2A/IP/HowStrict.htm
    --
    It is illegal to bring a gun with 1,000 feet of a school, with certain exceptions.

    Gun Free School Zones Act. 18 U.S.C. § 922(q):

    (2)(a) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    Under 18 U.S. Code § 921(a)(25) The term "school zone" means:

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    (26) The term "school" means a school which provides elementary or secondary education, as determined under State law."
    --
    However the certain exceptions mentioned above include CCW permits issues with background checks. More from http://gunowners.org/fs9611.htm

    --
    THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit.

    --

    So if you only plan to carry in your car, it's a very good idea to still get a CCW permit as well! 5 years in prison just for driving within 1000 feet of a elementary or secondary school. Good luck avoiding all them, especially as they include home schools!

    Another thing that make this School Zone law impractical is, 'weapon' is not just defined as guns but knives too. If you don't have a CCW and drive to your next hunt (even if it's a bow hunt) you'll have to plan the drive in and out of each city really, really well to not fall foul of the law!

    Short answer again, get a CCW permit.
    Training ~$125
    Permit ~$150
    Not doing 5 years for driving with your gun...Priceless.
    (not legal advice, and may be inaccurate!!)

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    Beau wrote:
    cscitney87 wrote:
    Also to note- Denver city parks cover a very, very large area of the Metro-Denver parks in general. Double check any park or nature area that you my be visiting- as the land could be owned by Denver and subject to a firearm ban. For example- Red Rocks- Denver owned.
    Are you talking about Red Rocks amphitheater? Did not know that was Denver owned.

    Couple more things I thought of.

    1) Any state laws regarding carry into a bank?

    2) Does CO have registration? Before I left CO I owned one pistol and one shotgun. Don't remember registering either of them. That was a long time ago though.

    3) I have recently read that CO does not allow private sales of handguns or long guns. Is this true?
    1,
    Didn't they used to give guns out for opening an account! lol, I've no idea what the case is now.

    2,
    No registration and no limit on the number that I'm aware of. I know plenty of people that have plenty o'guns. Colorado Springs is a big military city and many stay after they get out.

    3,
    I've not heard this to be true.
    http://www.cologunmarket.com/mkt/index.php
    This has a private party sales section and RMGO would likely intervene if this was not allowed. I was givin my first gun by my father in law and AFAIK that's perfectly legal in Colorado.

    Apologies that this is only hearsay but maybe it'll help you on the right path.

    BTW If you think all this is confusing coming from another state you want to to try coming from another country... and not being a citizen!! I'm English and a legal resident and I've been to Dicks twice now trying to get a shotgun!! I'm hoping tomorrow to finally have everything they need. Third times a charm.

    There's another dumb law that most of you wont fall foul of. Section 20c of the application requires all aliens bring 3 months utility bills or bank statements. I have a CO Driver License and an Immigrant Visa (aka the Green Card), but legal aliens are required to provide additional proof we live in CO, while citizens can just show a DL. I can understand the additional need to prove I'm a legal resident of the US, but why my Colorado drivers license isn't sufficient to prove I'm a Colorado resident is beyond me.



  22. #22
    Regular Member Gunslinger's Avatar
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    o_O wrote:
    In short the answer I've reached is get your CCW permit even if you only plan to carry in your car. Otherwise you will most likely fall foul of the school zone law.

    You can carry in your car and conceal the weapon. A rifle or shotgun must have an empty chamber, mine is always unloaded, not sure if you can have any in the magazine. Handguns can be loaded and chambered.

    One thing I found out recently is the restriction of the 'School Zone' to carrying in your car.

    Maybe out of date but here is some info
    http://davekopel.org/2A/IP/HowStrict.htm
    --
    It is illegal to bring a gun with 1,000 feet of a school, with certain exceptions.

    Gun Free School Zones Act. 18 U.S.C. § 922(q):

    (2)(a) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    Under 18 U.S. Code § 921(a)(25) The term "school zone" means:

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    (26) The term "school" means a school which provides elementary or secondary education, as determined under State law."
    --
    However the certain exceptions mentioned above include CCW permits issues with background checks. More from http://gunowners.org/fs9611.htm

    --
    THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit.

    --

    So if you only plan to carry in your car, it's a very good idea to still get a CCW permit as well! 5 years in prison just for driving within 1000 feet of a elementary or secondary school. Good luck avoiding all them, especially as they include home schools!

    Another thing that make this School Zone law impractical is, 'weapon' is not just defined as guns but knives too. If you don't have a CCW and drive to your next hunt (even if it's a bow hunt) you'll have to plan the drive in and out of each city really, really well to not fall foul of the law!

    Short answer again, get a CCW permit.
    Training ~$125
    Permit ~$150
    Not doing 5 years for driving with your gun...Priceless.
    (not legal advice, and may be inaccurate!!)
    Having a weapon in your car as you pass, but do not enter, school property is legal with or without a CCW in CO. It's under the doctrine of "peaceful passage." I live within 1000' of a school. I do have a CCW, but if I didn't that would mean I could never take a weapon in my car to target shoot--or sell, for that matter. Or walk out to the street to get arepaired gun from the UPS guy. The incredible moronic letter of this BS statute has been modified again and again in the light of reason.
    "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

  23. #23
    Regular Member Beau's Avatar
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    Does CO require taining to get your license? Is the cost what the preious poster listed? That is crazy.

    My IN license is a lifetime license. Cost $125. No training required.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  24. #24
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    Here's Weld County's version of the CCW information packet:

    http://www.weldsheriff.com/CSOC%20CC...0-%20fixed.pdf

    A hunter's safety card meets the training requirement in some counties; the typical CCW course runs $75 - $150.

  25. #25
    Regular Member Gunslinger's Avatar
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    Beau wrote:
    Does CO require taining to get your license? Is the cost what the preious poster listed? That is crazy.

    My IN license is a lifetime license. Cost $125. No training required.
    NRA approved handgun training course, unless you have a DD214 within last 10 years, $75. 4 hours of basic bs to anyone with experience, but I had a good class with a lot of interesting discussions, not "never point the muzzle at your leg" type stuff. However, after you get a CCW in El Paso County (Colorado Springs), the sheriff, Terry Makkita, sends you a letter congratulating you and thanking you for making the decision to protect your family and property by getting the license. Never seen that before. The Springs and county are the most gun friendly place I've ever lived in or heard of.
    "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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