Am I reading the laws right?

This is a discussion on Am I reading the laws right? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As I read it the laws for Colorado allow for CC on university grounds if such person has a valid CCW. Am I wrong? Thanks ...

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Thread: Am I reading the laws right?

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    Member Array hi_altitude's Avatar
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    Am I reading the laws right?

    As I read it the laws for Colorado allow for CC on university grounds if such person has a valid CCW. Am I wrong? Thanks for the help.

    18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds:
    (1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
    (3) It shall not be an offense under this section if:
    (d) The person, 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 said section existed prior to its repeal; 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 (3); or
    (d.5) The weapon involved was a handgun and the person 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 (3);

    18-12-214 states:
    (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.
    (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.

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    Member Array tomtsr's Avatar
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    Welcome to DC hi_altitude,

    There is ongoing court activity concerning this here. I hope they get the constitution right. It is amazing to me that the professors who teach the constitution can't read it worth a darn.

    CU: https://www.cusys.edu/newsletter/2011/06-08/ccw.html

    CSU: John Lott's Website: Colorado State University backs down on concealed carry ban

    Be careful. I would not want to be a poster child on this while the dust is still flying.
    Train like your life depends on it, because it does.

    NRA Life Member

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    VIP Member Array Sticks's Avatar
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    IIRC - It's either Federal law or every state in the union prohibits carrying a firearm on K-12 school property, as well as federal property/buildings...Parks and forests being the exception for property [buildings still apply].

    Colleges in CO can ban the weapons but it is not against state law to carry there with permit. All they can do is ask you to leave if you are visiting, expel you if you are a student, or terminate your employment. If you refuse to leave, or return and are caught again...you get charged with trespassing.

    IIRC - The Larimer County Sheriff stated that he will not prosecute anyone violating the college campus ban, and is 100% in favor of CC on campus as long as they follow the laws as written.

    Several threads on the matter, do a search.
    Anubis likes this.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
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    Member Array Bhamrichard's Avatar
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    Quote Originally Posted by Sticks View Post
    IIRC - It's either Federal law or every state in the union prohibits carrying a firearm on K-12 school property
    Uhm, no.. Federal Law stands down if State Law specifically addresses the carry on school property issue.

    IIRC - The Larimer County Sheriff stated that he will not prosecute anyone violating the college campus ban, and is 100% in favor of CC on campus as long as they follow the laws as written.
    Sheriff's don't prosecute, District Attorney's do.
    We hold these truths to be self-evident, that all men are created equal...

    Alabama Constitution of 1901 - That every citizen has a right to bear arms in defense of himself and the state.

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    Member Array hi_altitude's Avatar
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    Thanks for the answers. I think that it was the cases that tomtsr listed that made me think it could be banned by law. Thanks again.

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    Ex Member Array F350's Avatar
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    The wife just started working for a university in Colorado; in her position she had to be in contact with campus security on another matter, during the meeting she asked about concealed firearms on campus and was told "with a permit, no problem", the cop even said he thought it was a good idea.

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    Senior Member Array rljohns's Avatar
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    It depends on which university. The private ones are just private property. Most of them like money too much to do anything more than warn you on first offense and may expell you on second. At CSU it's allow at this time. CU is in the middle of a court battle. Only Utah allows K-12 carry as far as I know. Colorado Law allows you to lock a firearm in your car on K-12 property. I carried full time during my Master's program at a local university. No problems, but I wasn't discovered. No posted buildings.

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by Sticks View Post
    IIRC - It's either Federal law or every state in the union prohibits carrying a firearm on K-12 school property, as well as federal property/buildings...Parks and forests being the exception for property [buildings still apply].
    Wrong. It is quite legal here (Kansas) to carry at a K-12 school or university.

    Our State laws allow it and as such, since we are licensed by the State , we can do so legally here (Kansas) . The laws in Kansas are, no one (including schools, cities, employers, etc ) can post or restrict CC on any common or public grounds, parks, etc. at all, but they can "post" their buildings per the AG approved signage & requirements to prevent conceal carry. So, I can carry in the buildings, if they are not posted. Only 1 K-12 school out of 15 in my area has the building posted. Some Universities still have the policy to expel any students who carry, but it is not illegal. If they post the buildings and someone carries inside them, then it's a misdemeanor $50 fine.

    We've had zero issues related to it, because law-abiding citizens with a license, seem to stay law-abiding citizens. Funny how that works.

    Fedl Law : (school zones / gun free zones) I hope this helps..................

    LINK : US Code Title 18 Section 922

    (2)(A) It shall be unlawful for any individual knowingly to
    possess a firearm that has moved in or that otherwise affects
    interstate or foreign commerce at a place that the individual
    knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A)does not apply to the possession of a
    firearm -
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do
    so by the State in which the school zone is located or a
    political subdivision of the State, and the law of the State or
    political subdivision requires that, before an individual obtains
    such a license, the law enforcement authorities of the State or
    political subdivision verify that the individual is qualified
    under law to receive the license;

    continues listing other situations in which it is legal as well (eg. transporting unloaded, police officer, etc).

    I hope ya'all in Colorado win the battle.... against the fear mongering anti's. Show them the zero incidents in Kansas ... if it helps.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
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    VIP Member Array Eagleks's Avatar
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    Utah, Kansas, Utah..... and someone can tell me, but I was thinking Texas also allowed it, with the possible exception of Universities.

    Our President of the Dept of Education showed his intelligence when he initially argued against changing the law to make it legal.... he stated he thought it would be "safer not to have handguns in the hands of drunk 18 yr old college students" . He got drilled, since it's illegal for them to drink unless they are 21 , and illegal to own a handgun unless they are 21. So, the question became.... why the Dept of Education was condoning these "illegal " activities at our colleges and why was he not more up on the laws before he argued against something he obviously had little knowledge about.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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    Member Array 3dfxMM's Avatar
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    I don't know if Kansas has a specific law regarding age of ownership of handguns, but it is perfectly legal to own a handgun if you are 18 or older, according to federal law. You have to be 21 to purchase one, but not to own one.

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    Member Array BitReaver's Avatar
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    Every university in the state can make its own call on the concealed carry. If you expect to travel on to a campus and if you wish to remain 100% inside the law be sure to call that university's police/security department and ask specifically.

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    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by BitReaver View Post
    Every university in the state can make its own call on the concealed carry. If you expect to travel on to a campus and if you wish to remain 100% inside the law be sure to call that university's police/security department and ask specifically.
    100% within school policy not law! There is a difference.

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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by hi_altitude View Post
    As I read it the laws for Colorado allow for CC on university grounds if such person has a valid CCW. Am I wrong?
    No, you are not wrong.

    Quote Originally Posted by Sticks View Post
    IIRC - The Larimer County Sheriff stated that he will not prosecute anyone violating the college campus ban
    Quote Originally Posted by Bhamrichard View Post
    Sheriffs don't prosecute, District Attorneys do.
    True. What I recall is that if the campus police arrest someone for CCing on campus, they must put them in the county jail, and the Sheriff said he will not allow his jail to be used for this purpose if the arrested person had a recognized CC permit.

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    VIP Member Array Sticks's Avatar
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    Quote Originally Posted by Anubis View Post
    ...True. What I recall is that if the campus police arrest someone for CCing on campus, they must put them in the county jail, and the Sheriff said he will not allow his jail to be used for this purpose if the arrested person had a recognized CC permit.
    That was it. Thank you Anubis. I knew it was something to do along the lines of whoever got tagged for CC on campus would never see the light of a courtroom on the matter.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

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    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by BitReaver View Post
    Every university in the state can make its own call on the concealed carry. If you expect to travel on to a campus and if you wish to remain 100% inside the law be sure to call that university's police/security department and ask specifically.
    NO THEY CANNOT if they are a state school without adding a metal detector at each and every entrance. It is illegalfor any public building in CO to ban CCW with only a sign or policy. CU is being taken to the CO state supreme court as we speak. Larimer Co sheriff told CSU they better not try and they did a 180.
    Anubis likes this.

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