Criminal Defense

Concealed Carry & Firearm Laws

Firearms are becoming more and more of a hot topic in the law, with voices on both sides of the debate becoming louder and more demanding. This has led to many proposed changes in gun laws. Denver lawyer Steven J. Pisani is knowledgeable about weapons laws including concealed carry and illegal possession cases. If you have a question, it is best to consult an attorney, but below there is some basic information to begin to understand this complex and changing area of the law.

What are Colorado’s laws concerning firearms?

There are two statutes that regulate firearms and are enforceable by any certified peace officer in the state.  It is important to note that even though the laws differ in their language it is an individual’s responsibility to abide by all sections of each statute in order to be in compliance.

Title 18:  Colorado allows a person to carry a firearm in a vehicle if its use is for lawful protection of such person or another’s person or property. [C.R.S. 18-12-105(2)] Colorado law also allows a person to possess a handgun in a dwelling, place of business, or automobile. However, when you carry the weapon into your home, business, hotel room, etc. it must be in plain view. Local jurisdictions may not enact laws that restrict a person’s ability to travel with a weapon. [C.R.S. 18-12-105.6] The Act permits the nationwide carrying of concealed handguns by qualified current and retired law enforcement officers and amends the Gun Control Act of 1968 (Pub. L. 90-618, 82 Stat. 1213) to exempt qualified current and retired law enforcement officers from state and local laws prohibiting the carry of concealed firearms.

Title 33:  In accordance with Colorado wildlife laws, including C.R.S. 33-6-125, you may carry a weapon in your vehicle. However it is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. A “muzzle-loader” shall be considered unloaded if it is not primed, and, for such purpose, “primed” means having a percussion cap on the nipple or flint in the striker and powder in the flash pan.

How do I obtain a Concealed Weapon Permit?

A permit to carry a concealed weapon may be obtained through the Sheriff of the county in which you live. You must meet certain requirements to qualify for the permit. [C.R.S. 18-12-203] Consult your local Sheriff’s Department for more information obtaining a permit. The permit and a valid photo identification must be carried with the handgun at all times. A permit is not required and a handgun is not considered concealed when a person is in a private automobile or other private transportation. [C.R.S. 18-12-105 (2)]

What is Colorado’s Out of State Permit Reciprocity?

A permit to carry a concealed weapon that is issued to a person (who is at least 21 years of age) by another state will be considered valid in Colorado if the other state, in turn, recognized Colorado’s concealed handgun permits. [C.R.S. 18-12-105.6]

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