So, for the "next guy" who comes along, what answer did you come up with? IOW, can you summarize your findings?
so here is what i came up with. i now have this printed out with a copy in my wallet and a copy hanging on the wall of my office and i try to read it every time i walk by it. i consider it to be 'everything' i would need to know to handle a confrontation with a LEO. it is more of a study guide and i will pull it out when the situation warrants it. if there is anything to add or anything i missed by all means please add to it.
•- Do you have RAS or PC to make this contact with me? If no then this contact can and will be considered inappropriate, if not illegal under Colo. Rev. Stat. §16-3-103(1): In order to lawfully detain an individual for questioning: (1) A police officer must have a reasonable suspicion that the individual has committed, or is about to commit, a crime; (2) the purpose of the detention must be reasonable; and (3) the character of the detention must be reasonable when considered in light of the purpose.
-! LAWFUL POSSESSION OF A FIREARM DOES NOT CONSTITUTE RAS or PC !-
-In 2003, the State Legislature and then Governor Owens deemed that the power to address gun violence in Colorado through laws SHALL NOT be in the domain of the affected communities, rather it should rest only in the hands of the state. By this legislation (SB03-25), all local firearm ordinances have been declared unenforceable.
–C.R.S 29-11.7-101. Legislative Declaration: (1) The general assembly hereby finds that: (a) Section 3 of article II of the State Constitution, the article referred to as the state bill of rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties; (b) Section 13 of article II of the State Constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution; (c) The general assembly recognizes a duty to protect and defend the fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1); (d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations; (e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions; (f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law; (g) This inconsistency places citizens in the position of not knowing when they may be violating the local laws and therefore being unable to avoid violating the law and becoming subject to criminal and other penalties. (2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that: (a) The regulation of firearms is a matter of statewide concern;(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.
–C.R.S 29-11.7-101(2): refers to the regulation of firearms as a matter of statewide concern and declares a need for statewide uniformity of regulation in the area of firearms. That statute also declares that inconsistency among local jurisdictions has an extraterritorial impact on state citizens and the general public. Id.
–C.R.S 29-11.7-102. Firearms Database - Prohibited (1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of: (a) persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment; (b) persons who transfer firearms, unless the persons are federally licensed firearms dealers; (c) the descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
–C.R.S 29-11.7-103: A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
–C.R.S 29-11.7-104: Complete state preemption of firearms laws except that localities may prohibit the open carrying of firearms in a building or specific area within their jurisdiction and the local government must post signage to that effect at all public entrances to the building or specific area. The Colorado Appeals Court has ruled that ONLY Denver is not subject to state preemption regarding open carry.
-18-12-105.6. Limitation On Local Ordinances Regarding Firearms In Private Vehicles (1) The general assembly hereby finds that: (a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another persons or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination; (b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance; (c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon in or through one jurisdiction to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction; (d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime. (2) (a)Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another person's or property while traveling into, or through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense. (b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another person's or property while traveling into, or through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Moreover, section 18-12-105.6(2) provides that: no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon…while traveling into, through, or within a municipal, county, or city and county jurisdiction.
- 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.
If I am being detained then I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution:
•- I invoke and refuse to waive my 5th Amendment right to remain silent. Do not ask me any questions.
•- I invoke and refuse to waive my 6th Amendment right to an attorney of my choice. Do not ask me any questions without my attorney present.
•- I invoke and refuse to waive all privileges and rights pursuant to the case Miranda v. Arizona. Do not ask me any questions or make any comment to me about this decision.
•- I invoke and refuse to waive my 4th Amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession. Do not ask me about my ownership interest in any property. I do not consent to this contact with you. If I am not presently under arrest or under investigatory detention, please allow me to leave.
•- Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.
in conclusion i have found that outside of denver and denver county OC is legal, except where it is posted otherwise, and don't let anyone tell you otherwise. no civilian or law dawg.
