Results 1 to 15 of 15

Thread: Gun-Free School Zones

  1. #1
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    75

    Post imported post

    I'm working on a project to try and get a couple of my state's laws improved. I need to get some accurate information on what your state's laws currently are. OCDO is about the best place I know of to find a group of knowledgeable people who are willing to help, so ... specifically:

    1) Does your state criminalize possession of a weapon on school grounds or within 1,000 feet?

    2) If yes, then how does your state define "school" for purposes of the above? Is it just K-12? Does it include colleges? Preschool?

    3) Do you have URLs (links) to the aforementioned statutes or could you give me the reference?

    Thank you very much.


  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    Lakewood, Colorado, USA
    Posts
    1,250

    Post imported post

    I also need a refresher on this. I'll take a stab at it and say from what I can tell. 1) Yes 2) K-12 3)http://www.Google.com

    Length from the school is 1000' from the property line- not the building itself and not even always the fence itself.

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    Lakewood, Colorado, USA
    Posts
    1,250

    Post imported post

    Oh also I believe I heard it argued that the property of the school may in fact extend HALFWAY out into the road that is adjacent to the property. I would love to hear something on that one.

  4. #4
    Regular Member
    Join Date
    Jul 2008
    Location
    Longmont, CO, ,
    Posts
    221

    Post imported post

    1) Colorado doesn't have a "gun-free school zone", per se. State law allows you to have a firearm on school property, as long as it's locked in a compartment of your vehicle. This applies to K-12 schools. There are a few exceptions (law enforcement being one).

    There IS a nationwide federal gun-free zone (1000-foot radius of schools) that doesn't apply if you have a state permit. I don't believe there's been much, if any enforcement of this law.

    3) The Colorado Revised Statutes are at http://www.michie.com/colorado/lpext...main-h.htm&cp=

    Most firearms law is in Title 18, Article 12.

  5. #5
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    28

    Post imported post

    The Statute you need is 18-12-105.5

    18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.

    (1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

    (2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)

    (3) It shall not be an offense under this section if:

    (a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

    (b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or

    (c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or

    (d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or
    (d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

    (e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

    (f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)

    (h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

    While this seems to say you could carry with a CC permit, read the referenced 18-12-214

    18-12-214. Authority granted by permit - carrying restrictions.

    (1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

    (b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

    (2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

    (3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

    (a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;

    (b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;

    (c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

    (4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

    (a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

    (b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

    (c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

    (5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

    (6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.





  6. #6
    Regular Member BROKENSPROKET's Avatar
    Join Date
    Jan 2010
    Location
    Trempealeau County
    Posts
    2,187

    Post imported post

    The Federal GFSZA of 1990 was struck down by the USSC in 1995. Congress repassed said legisalation adding the Prosecution must prove that the possession of a firearm in a GFSZ affected inter or intrastate commerce, which would be very difficult to do.

  7. #7
    Regular Member entartet17's Avatar
    Join Date
    Jul 2008
    Location
    Aurora, Colorado, USA
    Posts
    206

    Post imported post

    Both OC and CC are banned on K-12 school grounds. Restricting CC on school grounds was one of the concessions put in the 2003 Right to Carry bill to ensure it passed.

    Although most colleges/universities/seminaries ban CC on their campuses as a matter of school policy, it is perfectly legal to CC on college campuses (as long as you have a CCW, of course). Unfortunetly, one cannot OC as per statute 18-12-105.5
    "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)

  8. #8
    Regular Member
    Join Date
    Dec 2009
    Location
    Highlands Ranch, Colorado, USA
    Posts
    113

    Post imported post

    entartet17 wrote:
    Both OC and CC are banned on K-12 school grounds. Restricting CC on school grounds was one of the concessions put in the 2003 Right to Carry bill to ensure it passed.

    Although most colleges/universities/seminaries ban CC on their campuses as a matter of school policy, it is perfectly legal to CC on college campuses (as long as you have a CCW, of course). Unfortunetly, one cannot OC as per statute 18-12-105.5

    You can CC, or even OC, on school grounds, with valid CCW permit, so long as you are in you vehicle and the gun stays in your car. If you leave your car, the gun must be in a compartment in the vehicle, and the vehicle locked.

    18-12-214. Authority granted by permit - carrying restrictions.
    3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

    (a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;




    This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future! ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

  9. #9
    Regular Member entartet17's Avatar
    Join Date
    Jul 2008
    Location
    Aurora, Colorado, USA
    Posts
    206

    Post imported post

    desettle wrote:
    You can CC, or even OC, on school grounds, with valid CCW permit, so long as you are in you vehicle and the gun stays in your car. If you leave your car, the gun must be in a compartment in the vehicle, and the vehicle locked.

    18-12-214. Authority granted by permit - carrying restrictions.
    3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

    (a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;
    True. But I don't consider carrying in a car analogous in any way to being allowed to OC or CC. I can OC in my car in Denver but if I cant get out of my own private means of convayence without breaking the law the point is moot.
    "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)

  10. #10
    Regular Member
    Join Date
    Feb 2010
    Location
    , ,
    Posts
    10

    Post imported post

    So can anyone give a definitive answer on whether or not you can OC within 1000 ft of a school? I tried searching, but the search function is broken.

    Anyway, as Dynamite pointed out, it looks like the federal law regarding Gun-Free Zones has pretty much been neutered: "Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce." Wiki: http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990

    And I can't find anything in the CRS that prohibits it.

    I looks like it's legal, but does anyone know for sure? The apartment complex across the street from me is owned by the local university, so it's a big issue for me.

  11. #11
    Regular Member ooghost1oo's Avatar
    Join Date
    Jun 2009
    Location
    Colorado Springs, Colorado, USA
    Posts
    262

    Post imported post

    This would be a really great thing to clarify and conclude.

    On April 15th, there's a Tea Party Rally at Acacia Park. I'll be going, and I'd LOVE to Open Carry. But, looking at an overhead map, all of Acacia Park is within a 1000' radius of that high school on the corner of Platte and Nevada.

    Has the 1000' no-guns zone been abolished or not?

    Will Open Carry within 1000' of that school be okay as long as I have a CHP?

  12. #12
    Regular Member
    Join Date
    Jul 2008
    Location
    Aurora, Colorado, USA
    Posts
    116

    Post imported post

    It's been too long since I lived in the Springs.

    Looks like Palmer high school is katty corner to the park.

    Heck, if I came in from the SW corner, I may not even know the school is there unless you can see it.

    1000' rule is a joke.

  13. #13
    Regular Member
    Join Date
    Jul 2008
    Location
    Aurora, Colorado, USA
    Posts
    116

    Post imported post

    Just checked the law and unless there is a little one hiding out there some place, the law states on school property, no distance restriction is specified.

    So long as you are not on the real property of the school, you can open carry.

    Colorado does not have a 1000' law.

  14. #14
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276

    Post imported post

    Yeah, carry with a permit is pretty clear.

    Any thoughts on Unlicensed OC out and about town, shopping, drinking Starbucks, etc.?


  15. #15
    Regular Member
    Join Date
    Dec 2009
    Location
    Highlands Ranch, Colorado, USA
    Posts
    113

    Post imported post

    kingfish wrote:
    Yeah, carry with a permit is pretty clear.

    Any thoughts on Unlicensed OC out and about town, shopping, drinking Starbucks, etc.?

    A license is not required for OC in Colorado. And I think the 1000' law is a federal law, so does not have to be listed in Colorado laws.

    Check out this article about the 1000' Gun-Free Zone around schools.

    http://gunowners.org/fs9611.htm

    -desettle

    This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future! ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •