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OpenCarry.org - Discussion Forum > Stories From The States > Colorado > How does Colorado define loaded?
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| OpenCarry.org - Discussion Forum > Stories From The States > Colorado > How does Colorado define loaded?
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| Moderated by: jpierce | ||
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hansolo Regular Member 
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18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation. A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4). I will be frequenting the bus soon. 118 says that loaded guns are not allowed on buses. Could I have my gun unloaded and the clip right next to it on my belt? Or would it be better to risk concealment by "transporting" it in a backpack? I thought that I have read somewhere that either a court or some law says that close vicinity of clip or ammunition means that it is loaded. Could not find this in search. Thanks. |
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RockyMtnScotsman Regular Member 
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I don't believe CRS defines "loaded" when it comes to handguns. But it does for long guns - that being a round in the chamber. It's my understanding that "legal authority" includes a valid CO CCW permit. |
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hansolo Regular Member
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I do not have a CCW permit, so can a carry unloaded openly? |
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RockyMtnScotsman Regular Member
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hansolo wrote: I do not have a CCW permit, so can a carry unloaded openly? IANAL, but the way I read it, Yes though it's open to interpretation. Since CRS defines "loaded" for long guns but not hand guns it's reasonable to apply the same definition to both. Remember that whether or not it's legal doesn't mean you won't be challenged on it by the transit authority or CSPD. My wife was told (wrongly) by CSPD during a traffic stop that she could not have her revolver in her car w/o a CCW. CRS explicitly states the contrary. edit: your question about the backpack would be considered concealed and illegal without a permit Last edited on Sat May 9th, 2009 06:12 pm by RockyMtnScotsman |
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hansolo Regular Member
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So then my only option would be to open carry. I hate that even when we are doing something completely legal, everyone freaks out and the cops dont even know the laws. Thanks for your help. |
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Gunslinger Regular Member 
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CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition. |
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hansolo Regular Member
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Ok, sweet. I will carry my mag on my belt then. Thanks. |
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Brass Regular Member
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Keep us updated on your carry on public transport. I find myself in the same situation, having to take the bus alot and not having a CCW, and I was afraid I would have to go about my business unarmed. |
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hansolo Regular Member
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Brass wrote: Keep us updated on your carry on public transport. I find myself in the same situation, having to take the bus alot and not having a CCW, and I was afraid I would have to go about my business unarmed. I will keep you updated. I might not ride a bus until next fall at college, but if I do prior, I will carry and let you know. |
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Diocoles Regular Member 
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If you're in Arapahoe County, you can contact Captain Brice Moomaw and he can clarify the issue for you. If you're in a different county, find out from your Sheriff who the top cop for CCW and Open Carry is for you. They should be able to define it. |
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Colorado Luckydog Regular Member
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Just get your concealed permit. It will give you all the options you need. |
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hansolo Regular Member
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Colorado Luckydog wrote: Just get your concealed permit. It will give you all the options you need. I'm 18. |
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swillden Regular Member 
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hansolo wrote: Colorado Luckydog wrote:Just get your concealed permit. It will give you all the options you need. Does CO honor permits from other states, like Maine? I know several people under 21 who have gotten Maine permits in order to be able to conceal in Utah. |
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PikesPeakMtnMan Regular Member 
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swillden wrote: hansolo wrote:Colorado doesn't honor Maine's permits.....in addition CO doesn't honor ANY non-resident permits.Colorado Luckydog wrote:Just get your concealed permit. It will give you all the options you need. |
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Diocoles Regular Member
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^+1 bad bad Colorado. So mean. No honoring others. But I kinda understand that. Someone can use a fake ID, get a permit say in Florida, then want to carry in Colorado. But still.. Sheesh. If you can go into the military at 17 (as I did) and be trained and allowed to kill, you have the right to vote (at 18), you should have the right to carry. Period. Last edited on Thu May 21st, 2009 11:00 pm by Diocoles |
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hansolo Regular Member
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Diocoles wrote:Sheesh. If you can go into the military at 17 (as I did) and be trained and allowed to kill, you have the right to vote (at 18), you should have the right to carry. Period. Seriously. And drink. |
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Diocoles Regular Member
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Go figure. I got out of boot camp, E2 with my stripes, dress whites, walking to a friend at a bar about 10pm at night on leave before reporting for duty. Had a couple of cops pick me up and give me a ride to the bar. I got served with my military ID and I was only 17. Gee whiz. I had a blast. I'm not telling about the latter part of the night with the older women...  |
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ed Founder's Club Member 
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PikesPeakMtnMan wrote: Colorado doesn't honor Maine's permits.....in addition CO doesn't honor ANY non-resident permits.And THAT is my problem. I am coming out to Aurora in a couple weeks. I have liek 10 permits (I collect them for fun and because it runs the numbers up in other states). I can't GET a CO permit so my only option is OC unless I don't carry at all (which I don't like), I think some of my inlaws are kinda anti (except at a range to shoot paper but OMG, not for REAL world self defense use.. thats what the poilcve are for!! blah blah blah). SO I am in a delema of what to do.. Ed |
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CJ30-06 Regular Member
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RockyMtnScotsman wrote: I don't believe CRS defines "loaded" when it comes to handguns. But it does for long guns - that being a round in the chamber. No, in colorado we DO define loaded for BOTH handguns AND long guns, with a chambered round being the definition of "loaded" (as it should be) however there are laws requiring long guns (rifles/shotguns) to be unloaded in a vehicle, (loaded in magazine IS legal, but DOW (gestapo) usually frowns on ammo being around the long guns while in your vehicle. Though I cannot speak to public transportation, you may have LOADED handgun in your vehicle or on your person while in the state of Colorado. The handgun can also be concealed in your vehicle AND within easy reach, but NOT concealed on your person in your vehicle if you do not have a ccw permit. Look up the laws and read them, don't just take my word for it, even thought this IS the way the law is written. |
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CJ30-06 Regular Member
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hansolo wrote: It appears to me that this was repealed as it has the part about explosives, but above that, under subsection 1 it says repealed, and I can't find this anywhere else. |
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CJ30-06 Regular Member
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hansolo wrote: I do not have a CCW permit, so can a carry unloaded openly? Yes, but.....You CAN carry your weapon loaded openly too. |
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CJ30-06 Regular Member
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Gunslinger wrote: CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition. NO, no, no, CCW holders are not "exempt" the definition of handgun in CRS 18-12-101 subsection E.5 says "loaded or unloaded" even if you don't have a permit and you oc, youcan carry your handgun loaded, (and that means round in the chamber) nothing in the chamber, but loaded mag is NOT loaded. (in colo) |
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RLCbushpilot Regular Member
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<Snip> The handgun can also be concealed in your vehicle AND within easy reach, but NOT concealed on your person in your vehicle if you do not have a ccw permit. Look up the laws and read them, don't just take my word for it, even thought this IS the way the law is written. You're wrong here. Look up CRS 18-12-105. In Colorado your vehicle is an extension of your home. You may carry a handgun in your vehicle concealed anywhere, whether it is on your person or not, whether you have a CHL or not. |
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hansolo Regular Member
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CJ30-06 wrote: Gunslinger wrote:CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition. CJ30-06, you cannot carry a firearm with one in the chamber and no mag in or on public transportation. That is still loaded. You can carry fully loaded most everywhere else in the state. Permit holders are exempt from 18-9-118, and can carry fully loaded, openly or concealed, in or on public transportation. |
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hansolo Regular Member
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CJ30-06 wrote: hansolo wrote:I do not have a CCW permit, so can a carry unloaded openly? No, I definitely cannot carry loaded in or on public transportation. You are confusing this with most everywhere else in the State, wherein you can openly carry a loaded firearm. |
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Gunslinger Regular Member
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CJ30-06 wrote: Gunslinger wrote:CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition. The question dealt with the definition of loaded, e.g., if you hand carry it from you car to a hotel in Denver where OC is illegal, without a CCW. Where lawful, loaded is fine. In Denver County, if openly carried, it must be unloaded. That means empty of ammo. |
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CJ30-06 Regular Member
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Sorry guys, I realized after I had posted and logged off that I was probably confusing the situation. Sorry  |
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CJ30-06 Regular Member
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You're wrong here. Look up CRS 18-12-105. In Colorado your vehicle is an extension of your home. You may carry a handgun in your vehicle concealed anywhere, whether it is on your person or not, whether you have a CHL or not. True, however, think about if you are asked to step out of your car by a police officer, you are now illegally concealing the weapon outside the "extension of your home." So, yes, you can conceal on your person in your car, but that would be a tricky situation if you did get pulled over, and were asked to step out of your car, now what do you do? grab the gun and put it on the seat, meanwhile getting shot by the cop, who is perfectly justified in that? Last edited on Sun Jun 14th, 2009 09:48 pm by CJ30-06 |
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RLCbushpilot Regular Member
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CJ30-06 wrote:True, however, think about if you are asked to step out of your car by a police officer, you are now illegally concealing the weapon outside the "extension of your home." So, yes, you can conceal on your person in your car, but that would be a tricky situation if you did get pulled over, and were asked to step out of your car, now what do you do? grab the gun and put it on the seat, meanwhile getting shot by the cop, who is perfectly justified in that?You're wrong here. Look up CRS 18-12-105. In Colorado your vehicle is an extension of your home. You may carry a handgun in your vehicle concealed anywhere, whether it is on your person or not, whether you have a CHL or not. No. I'd inform the officer that I was carrying and ask him how to proceed. Same thing I would do if I were open carrying or concealed with a permit. I would never run the risk of a police officer seeing my gun and being surprised and rightfully alarmed. Better to inform first. If you don't want it on your person then that is fine. But it is perfectly legal. |
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RLCbushpilot Regular Member
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Gunslinger wrote:CJ30-06 wrote:Gunslinger wrote:CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition. In Denver County you cannot open carry period. It doesn't matter whether it is loaded or unloaded. The only place you can open carry in Denver County is private property. |
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Gunslinger Regular Member
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RLCbushpilot wrote: Gunslinger wrote: You can transport a firearm openly from your vehicle to any place where you may have it in your possession in Denver County if the firearm is unloaded. Car to hotel, car to shooting range, your home to a neighbors, etc. While it's not strictly "open" carry, it is an exception to their grandfathered municipal code. The difference is called peaceful transport. |
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RLCbushpilot Regular Member
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Gunslinger wrote:RLCbushpilot wrote:Gunslinger wrote: Do you have a municipal code citation for this? I've always understood that you were legal to open carry only on private property in Denver. |
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Gunslinger Regular Member
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RLCbushpilot wrote: Gunslinger wrote: No, but Colorado is full preemption of local laws concerning firearms. The grandfathered no open carry in Denver County concerns only carry, which in generally established black letter law means on your person. Carrying in a gun case from and to places where you are legally seized of the firearm is state purview, not local. As I noted on the car to shooting range above, or car to gunshop, only the state can regulate this. And there is nothing prohibiting it. Denver's grandfathered munci code only goes so far. |
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RLCbushpilot Regular Member
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Carrying in a gun case is not openly carrying. I agree that you can transport the firearm in a guncase from place to place but that's not the same as open carrying unloaded. |
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Adamdude04 Regular Member
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There are a ton of undercover LEO on RTD buses. I'm sure you'll get pulled off the bus a few times and brought under question - thus causing a delay making you late to work/school. ...This is a tough one. |
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