Travel in Colorado without CCW Permit

[JonasM]

Hi, folks - I'll be traveling through your lovely state next weekend, and have a few questions:

I have an Ohio Concealed Handgun License, but that is not recognized in Colorado (probably because Ohio won't recognize Colorado's). So, if I want to travel without locking up my weapon, I need to open carry, correct?

I will be driving in to the state, stopping at the airport in Colorado Springs to pick up my wife, then heading to Canon City for the night. The next day, heading down via Silverton to Durango, then the next day, on to Utah. A similar trip back about a week later.

While in the car, I know that it doesn't matter - in a concealed holster or not is irrelevant while driving. However, when I get out for gas, food , etc. I need to keep the weapon visible, right?

Of course, any place that is posted is off limits.

Finally, I understand the usual risks of OC - MWAG calls, etc...

My plan is to open carry in the car, lock up the weapon while at the airport, open carry at (generally remote) gas stations. It's restaurants that I'm not sure what the best policy will be. Also, I have been unable to get an answer to whether or not I can enter a restaurant that serves alcohol while open carrying (not drink, just eat there of course).

Any additional info I should know?

Thanks in advance!

JonasM

[reb55]

I visit Colorado fairly often; most of my relatives live there. My CC permit is recognized there, so I have no problems with carrying concealed. From what I have read, open carry is ok everywhere except Denver. However, I don't recall noticing anyone carrying in the towns. Judging from your itinerary I would expect you should have no problems. I am rather cautious and would not open carry into most businesses in larger towns just to avoid any possible hassle. For some reason Durango strikes me as one place to be careful.

[JonasM]

That's funny - a place called Durango conjures up images of the old west, with open carry being the norm! :)

I won;t be in town much - just visiting a friend on the outskirts. He's a very liberal university professor, though, so I'll probably need to lock up at his place, since concealed carry is not legal for me. ;)

Any comments on Silverton? Is it too touristy of a town for open carry? We'll almost certainly be stopping for lunch there.

JonasM

[reb55]

Durango has grown significantly in the last 30 years or so (so has the rest of Colorado). My impression is due to the proliferation of condominimums (misspelling intended) and high dollar houses and resorts on the outskirts.

Silverton is a typical small tourist town. I might be inclined to carry there, but try not to be too conspicuous. You should have no problems there.

If you have an extra day the narrow gauge rail trip between Durango and Silverton is an almost must for tourists. It is getting about the right time of the year for fall colors, adding to the spectacular scenery.

[MartyE]

The colorado state law states that you may conceal a weapon in a car without a permit you don't have to carry in the open. they condsider your automobile as part of your property just like a house.

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. State Preemption
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's person 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's person 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's person or Property while traveling into, or through, or within, a
www.handgunlaw.us 6
municipal, county, Or city and county jurisdiction, regardless of the number of times the person Stops in a jurisdiction.
Source: L. 2000: Entire section added, p. 1009, § 2, effective August 2. L. 2003: Entire section amended, p. 651, § 1, effective March 18.
ANNOTATION
Law reviews: For article, "In the Crosshairs: Colorado's New Gun Laws", see 33 Colo. Law. 11 (January 2004).
This section clarifies the scope of § 18-12-105 (2)(b) and indicates the general assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of this section. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).
The use of the limiting language "into or through" in subsection (2) reflects the general assembly's intent not to restrict local weapons ordinances insofar as they apply to travel wholly within local jurisdictions. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002). (Decided under law as it existed prior to the 2003 amendments to subsection (2)).

[Beau]

I OC pretty much every where I go in CO. You can OC into a restaurant that serves alcohol. Don't consume though. There is a charge for being in possession of a firearm while intoxicated. CO statutes state the definition of intoxicated as being under the influence of alcohol or a controlled substance. Being under the influence is not clearly defined. At least I haven't found a clear definition yet. Hope this helps.

[Treo]

18-12-204. Permit contents - validity - carrying requirements.







(1) (a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.





(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.





(2) (a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. 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. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.





(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.





(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; or





(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.





(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.







Source: L. 2003: Entire part added, p. 639, § 1, effective May 17.

Legal Resources

Do not OC in Denver

[TheNotoriousROB]

New registration here, but I've been reading this helpful site for years. Just moved to Denver and I've read a lot of negative comments from people who have obtained their CCWs in this county. They say the sheriff puts your name on a sort of 'watch list' if you have a carry permit. To me, this makes no sense. Anyway, Colorado is trying to do away with permits altogether which would be great, but in the meantime I have a question about carrying without a permit. I stopped a Denver cop this weekend and asked him about the laws here. He said he used to work traffic, so he knew the carry laws. When I stated that I don't need a permit to carry in my glove box, center console, or seat next to my thigh he told me that was incorrect. He said if you don't have a permit, you must carry the gun in the trunk, unloaded, in a locked case. Why is there such a disconnect with people on this law? With the exception of a few states, you car is an extension of your home, and as long as it isn't concealed, sans permit, you should be OK. Does anyone know of a CO website with the law so I can print it and carry it in my car for uninformed cops? Thanks.

[Treo]

New registration here, but I've been reading this helpful site for years. Just moved to Denver and I've read a lot of negative comments from people who have obtained their CCWs in this county. They say the sheriff puts your name on a sort of 'watch list' if you have a carry permit. To me, this makes no sense. Anyway, Colorado is trying to do away with permits altogether which would be great, but in the meantime I have a question about carrying without a permit. I stopped a Denver cop this weekend and asked him about the laws here. He said he used to work traffic, so he knew the carry laws. When I stated that I don't need a permit to carry in my glove box, center console, or seat next to my thigh he told me that was incorrect. He said if you don't have a permit, you must carry the gun in the trunk, unloaded, in a locked case. Why is there such a disconnect with people on this law? With the exception of a few states, you car is an extension of your home, and as long as it isn't concealed, sans permit, you should be OK. Does anyone know of a CO website with the law so I can print it and carry it in my car for uninformed cops? Thanks.

Asking a cop for legal advice is like a chicken asking Harlan Sanders for retirement advice

[TheNotoriousROB]

Asking a cop for legal advice is like a chicken asking Harlan Sanders for retirement advice

Totally agree, but depending on who pulls you over you could either have no issues, or get arrested until it's sorted out. I'd at least like something to show them if I get pulled over until I get my CCW permit.