Trip in late May to Breckenridge - Page 2
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Thread: Trip in late May to Breckenridge

  1. Also, I do recall you can't carry on the summit stage bus system, but can't find the link right now for some reason.

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  3. Thanks, everyone.

    Couple more questions....

    Seems that carrying, even concealed, in Denver is to be avoided (even if CCL/CCH preemption exists for the city, etc. And yes - I've read the court ruling, and it seems Denver can regulate OC, but can't regulate CC. State pre-emption exists for CC, not OC, apparently). But that brings up a question, since Denver has sprawled out so far. What about the cities/communities surrounding Denver? Lakewood, Wheat Ridge, Broomfield? Kids want to go to Casa Bonita (I realize food might not be that great, but they want to go), and might want to go on a day trip to FlatIron Crossing shopping in Broomfield. Are those actual cities, or simply what used to be cities gobbled up by Denver, and now under Denver's control?

    Second question - kids might want to go ride the train at Leadville. I know there is some question about whether CC is covered or not with the phrase "legal authority" - but I also don't know if the train station, train in Leadville would count under this statute. I think it's privately owned/held isn't it?

    Ok - a third question - anyone have a list of the 10 counties/sheriffs, who did NOT join the lawsuit? I'm betting the areas we will spend the vast majority of our time are probably areas that the sheriff joined the lawsuit - but I'd like to know.

    Ok - fourth question - I've considered stopping by a shop that has CCH licensed instructors present just to ping a few of these questions off of - if they would be so kind as to answer the questions without me attending a class I can't attend (from a reciprocal state), and really don't have the $$ to pay for. Suggestions?

  4. Quote Originally Posted by thefish View Post
    Hi. I live and periodically ccw in breck too.

    These links may be helpful. See title 6 , chapter 3 , article E , section 4, 5 and 10. Sorry, iPad won't parse individual links to the pages for some reason.

    I believe according to section 5 bar/resturant carry is prohibited.

    Sterling Codifiers, Inc.

    You can ccw in Denver proper,but be careful not to print. They don't take kindly to that. Denver is a home rule city, so they can make their own firearm laws.

    I would also encourage you NOT to drink while carrying. It is illegal according to he letter of the law.

    Enjoy our town!

    The range in keystone above the dump is free so take it for what it's worth and be sure to pick up your trash if you visit it. Not super, but hey, it's free.
    Thanks - don't drink, don't chew, and my wife doesn't either!

    I read your link - but those seem to be local ordinances for Breckenridge. Reading the state statute:
    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.
    Handgunlaw.us 3
    (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. Page 18-senate bill 03-024(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.

    So it seems that this trumps local ordinances, except Denver, "where Denver's laws don't conflict with state law" - which is why they can regulate OC. Got similar issue here in KS. No specific OC law - so local municipalities can regulate it - but CC has statewide preemption in KS.

    And handgunlaw.us (http://www.handgunlaw.us/states/colorado.pdf), indicates it is legal to go into a restaurant that serves alcohol, as long as they are like a Chili's, Friday's, Red Lobster. I avoid Red Lobster (can't get past the smell), but might haunt one of those other places once, or a similar place in that vein. That's what I'm referring to. I simply don't go in bars - with or without a firearm. Just not my thing.

  5. #14
    Quote Originally Posted by grizzerr View Post
    Yes I am but you're correct DesertEagle, "under the influence", is determined by the legal limits of the law which currently in Colorado are .08 for alcohol or 5 nanograms THC per milliliter of blood. There are no other restrictions for CCW in a liquor establishment.

    It's simple don't get intoxicated.
    I cant find a definition of "under the influence" in Title 18. You found the legal limit for a DUI in the traffic code but I wouldn't take the risk in applying that definition to criminal code.

  6. And the Keystone range is just N. of the power sub-station by the dump? Looks like 3 benches for the 50 yd. range, and maybe 5 benches for the 100 yd range? Doubt I'll go there - but you never know...

  7. #16
    Quote Originally Posted by Deserteagle View Post
    I cant find a definition of "under the influence" in Title 18. You found the legal limit for a DUI in the traffic code but I wouldn't take the risk in applying that definition to criminal code.
    In Colorado law under the influence is defined by the legal limit. I'm retired Colorado Law Enforcement and still work as a Reserve Deputy there in the summer. I was also a CO CCW Instructor until I left the state in 2011, thankfully before it was turned into a communist state. I pray that the CO Sheriffs can turn things around.
    Hi-Caliber Training & Tactics
    "Let us speak courteously, deal fairly, and keep ourselves armed and ready."- Theodore Roosevelt

  8. #17
    Join Date
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    Quote Originally Posted by Deserteagle View Post
    I cant find a definition of "under the influence" in Title 18. You found the legal limit for a DUI in the traffic code but I wouldn't take the risk in applying that definition to criminal code.
    Agreed. Under the influence defined in the strictest sense would mean having consumed any alcohol. I can not find anything in C.R.S. that states that being under the influence is equated with the legal limit for driving.

    That may be how you applied your understanding of the statute grizzerr but unless you can produce a cite that clearly states the definition of being under the influence as having reached a b.a.c. of .08 then the safe assumption is that any b.a.c. level would qualify as under the influence.
    Colorado Gun Owners - COGO
    A discussion forum for Colorado Gun Owners.

  9. #18
    Beau, it's not a matter of "how I applied my understanding". That doesn't fly in the court system. Here it is explained as simply as it can by the state. I recommend you consult an attorney if you need more info.
    Hi-Caliber Training & Tactics
    "Let us speak courteously, deal fairly, and keep ourselves armed and ready."- Theodore Roosevelt

  10. #19
    Join Date
    Apr 2010
    Location
    Eastern Colorado
    Posts
    269
    Quote Originally Posted by grizzerr View Post
    Beau, it's not a matter of "how I applied my understanding". That doesn't fly in the court system. Here it is explained as simply as it can by the state. I recommend you consult an attorney if you need more info.
    Again, this information applies to operating a motor vehicle. It has nothing to do with carrying a firearm. The way the current law is worded in regards to carrying a firearm a person could be considered to under the influence if they had consumed any amount of alcohol. Here is the statute for you to read again.

    (d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
    Colorado Gun Owners - COGO
    A discussion forum for Colorado Gun Owners.

  11. #20
    I included the summary hoping you'd understand that under the law "under the influence" is defined by the legal limit standardized under Section 42, but like I said your best bet is to consult an attorney if you want more.
    Hi-Caliber Training & Tactics
    "Let us speak courteously, deal fairly, and keep ourselves armed and ready."- Theodore Roosevelt

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