The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old March 16, 2009, 01:56 PM   #1
RevJim
Senior Member
 
Join Date: September 2, 2005
Location: Greenville, TX
Posts: 103
Travel in Colorado

My wife will be traveling from Texas, through new Mexico, and into Colorado. I would prefer that she not travel unarmed. What are the laws in New Mexico and Colorado regarding transporting a firearm. Does it have to be locked? Does it have to be unloaded? Thank you for any and all information!
RevJim is offline  
Old March 16, 2009, 02:20 PM   #2
Huey Long
Senior Member
 
Join Date: December 22, 2008
Posts: 239
New Mexico gun laws are totally preempted. Your car is considered the same as you home for the purpose of carry, and you may carry loaded and concealed there with no permit. On foot, you may carry loaded and openly without a permit just about anywhere except in schools or places that sell alcohol, even if alcohol is sold only for consumption off the premises. Note that this puts just about every grocery and convenience store in the state off-limits (unless you have a CCP that's recognized by New Mexico.)

Colorado's state laws are similar to New Mexico's, but there's no preemption there, and thus traveling through the state with a gun is a much more difficult and complicated. I don't know much about Colorado's local laws, but I will tell you to avoid Denver, since that's known for the most onerous local gun control laws in CO.

Last edited by Huey Long; March 16, 2009 at 02:29 PM.
Huey Long is offline  
Old March 16, 2009, 05:39 PM   #3
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Colorado DOES have preemption everywhere in the state except for Denver.
NavyLT is offline  
Old March 16, 2009, 07:12 PM   #4
honkylips
Senior Member
 
Join Date: December 16, 2007
Location: Arvada, Co
Posts: 124
You can have a loaded, concealed, handgun in your car while traveling through Colorado. You can not have a loaded long gun in your car. Denver does have some different laws, but I thought it was only in regards to possession of "assault" weapons.

Check out the link below for the full scoop.
http://www.rmgo.org/faq/
honkylips is offline  
Old March 16, 2009, 08:13 PM   #5
Huey Long
Senior Member
 
Join Date: December 22, 2008
Posts: 239
Quote:
Colorado DOES have preemption everywhere in the state except for Denver.
Home rule cities are unaffected by the Colorado preemption law and Denver is not the only home rule city, there are lots more.

Colorado's preemption law is not worth the paper it's printed on.
Huey Long is offline  
Old March 16, 2009, 09:29 PM   #6
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
http://www.opencarry.org/co.html

Complete state preemption of firearms laws except that localities may prohibits the open carrying of firearms in a building or specific area within their jurisdiction.

Update: The Colorado Appeals Court has ruled that Denver is NOT subject to state preemption regarding open carry.

NOTE: Almost all states allow local regulation of the discharge of firearms

Home rule exception is only applicable, outside of Denver, to certain buildings and public areas such as parks that a lower muncipality may pass. No other city, town, or county can have general bans on firearms more restrictive than CO state law. And as stated by honkylips, vehicle transportation is completely preempted everywhere.
NavyLT is offline  
Old March 17, 2009, 08:01 AM   #7
rlong5
Member
 
Join Date: March 20, 2006
Location: Colorado Springs
Posts: 93
As long as the weapon is not a long gun, and is being carried in the vehicle for a lawful purpose, including self-defense, then you're OK in Colorado.


Quote:
Colorado Revised Statutes 18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or

(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.
rlong5 is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:28 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07531 seconds with 9 queries