Rock and Glock

I have two questions I've found little or no guidance or elaboration on for Colorado CWP Holders:

First, is there a Colorado State Statute, Regulation or Ruling that requires a CWP Holder to affirmatively present the CWP to a LEO during any official contact (e.g. a trafiic stop, etc.)?

As a practical matter, I personally would generally do so for reasons beyond the question presented, I am just curious about the actual rules and regs.

Secondly, I found this on the NRA-ILA Colorado summary:

"It is unlawful to possess a firearm while under the influence of alcohol or controlled substances."

I could find this nowhere. I don't want to debate the merits of CC after a sip of wine, but I am totally curious what the above means. Does it mean there is a "Zero-Tolerance" policy on BAT, like say, .000001, or is it the legal limit for DUI?

Can anyone provide any authoritative guidance to a Colorado FNG? A simple explanation?

Many thanks!

__________________
Richard

NRA Life Member

"This world is not a playground where children at play are pampered by friendly nannies," Wendelin Wiedeking

Canardly

"First, is there a Colorado State Statute, Regulation or Ruling that requires a CWP Holder to affirmatively present the CWP to a LEO during any official contact (e.g. a trafiic stop, etc.)?"

We were told in our CCW course that there's no law requiring presentation of your permit when stopped. It's up to your discretion.

Regarding the alcohol... I have no idea what the legal status is.

wmhawth

The Colorado laws are shown on the Rocky Mountain Gun Owners website,
RMGO.org. In short, the law requires you to present your permit on demand. Voluntary presentation would be up to you. As for alcohol, I haven't seen legal status spelled out. I personally play it exceedingly safe with regards to drinking while armed.

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William

KenInColo

Unlike some states, Colo has no statutes baring persons from carrying in places dispensing alcoholic beverages. You can also drink while carrying. I think the motor vehicle BAC thresholds apply for CCWing.

The link to RMGO is a good one. You s/b able to find out for sure.

If you can't find it, email RMGO. They will reply to you quickly.

__________________
An armed populace are called citizens.
An unarmed populace are called subjects.

libertarian5

I took my CCW course from a law enforcement officer and he said that the alcohol issue has no set sobriety standard so CCW holders should use extreme caution. It is a subjective call by the LEO. Add to this the existing two CO laws - DUI (.08) and DWAI (.05), and you have a good reason to not mix carrying with drinking.

__________________
A veteran, whether active duty, retired, national guard or reserve is someone who, at one point in his/her life, wrote a blank check made payable
to "The United States of America" for an amount of "up to and including my life." Author unknown

Ragin Cajun

I just attended a class that had a lawyer speak for about 2 hours on CC who handles mostly 2A cases. There are only 3 things you have to present by law to a cop in CO. 1) driver's licence 2)Registration, 3) proof of insurance. He said for anything else, you don't have to answer on a traffic stop. If they ask "You have a gun in your vehicle?" you don't have to answer according to the lawyer. They can only search your car if they have probable cause. They can only legally ask to search your car after they have given you your driver's licence back and told you that you are free to go. If you tell them no, you can not at that point, then they cannot legally do so.

With the lawyer talk, your getting it as hear say from me so I would look into it all before doing any of it for yourself. Personally, I always offer up that I'm carrying and I have not had a single problem yet by doing so. I don't feel like the lawyer's suggestions are going to get me anywhere on the side of the road. It may keep me from giving up any of my rights but I don't mind that if it keeps everything at a comfortable level and then I'm on my way again.

He did say that the police are allowed to ask pretty much what ever they want. If you choose to give up your rights and answer, it up to you.

There is a specific alcohol breath legal level for CCW which is less then the legal amount to drive. That I know for sure but I don't remember exactly what it is. If I want to go out and have a drink, I leave the gun at home. I sometimes will have a beer or two while at home and carrying but if I do, I know I'm not going anywhere.

wmhawth

I guess the lawyer who spoke to you is technically correct in that after being charged with failure to present your permit to carry on demand, the charge can be dismissed if you present your permit to the court. Still seems to me that the wise thing to do would be to simply show your permit to the officer at his/her request. I've copied the section which applies below.

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William

isuace

I have read, and was told by a criminal defense attorney in the class I took that there is no bac level defined for carrying a gun. He said, basically, if you are carrying and take one drink of beer you can be arrested and will lose your carry permit.
Of course this all depends on the law enforcement in your area.
For me, I will stick to
If (gun)
then
{
no alcohol
}

rljohns

The law has omitted the BAC for CCW on purpose. It's a judgement call on the LEO's behalf. If your judgement is impared and you are carrying a firearm you are in violation of the law. That amount if different for everyone. They could do the same thing for driving. If you seem un-fit to drive but your bac is less than state standards, bad things are going to happen.

Word to the wise is to stay well under the DUI level and don't drive either. A car driven by an intoxicated driver is just another weapon.

Good site for CO info.
CSSA.org - Colorado State Shooting Association: News

CSSA answer:

I recently was issued a concealed weapons permit, and I was wondering if there is any law regarding the use of alcohol and the carrying of a concealed weapon? Having read through the "shall issue" law more than once I know there is no reference to this, and I am concerned that if I go out to dinner and consume a beer, I may be braking the law and jeopardizing my permit? Should it be safe to assume that other laws pertaining to the use of alcohol and deadly weapons, such as a motor vehicle, may apply? I know that above all else common sense should prevail, however I think some laws go beyond what is reasonable and proper.

Thank you for your input and thoughts.

Mike in Golden

Dear Mike--

It is a crime (class two misdemeanor) to possess a firearm while intoxicated. A

lthough not clearly defined, most courts have held that "intoxicated" means about the same as "under the influence," which means that your mental and physical abilities are substantially impaired by the consumption of alcohol (or any other drug for that matter). It is not illegal to merely possess or consume alcohol while in possession of a firearm, concealed or not, provided you are not drunk.

Having established the above, I personally believe it is a very bad idea to consume alcohol when in possession of a firearm, period. I make it a personal rule never to drink when I am carrying, regardless of the circumstances. Studies show that consumption of more than one alcoholic beverage over time, even if you do not become intoxicated, adversely affects your judgment, reactions/reflexes and motor skills. In light of that info, there is really no reason why you should drink at all if you are in an environment where you think you may need to defend yourself with a firearm. From a purely legal standpoint, should the need arise to use your firearm, your legal grounds/justification could be seriously affected if there is evidence you had been drinking.

Firearms instructors and shooting ranges universally ban alcohol from their shooting activities/premises--with good reason. There is absolutely nothing wrong with enjoying a fine adult beverage AFTER concluding an afternoon of shooting fun once the guns have been put safely away. Guns and alcohol do not mix, and it is a very good idea to always avoid combining the two.

Tony

rljohns

Looks like a csh script!!

How about
if (gun)
{
alcohol = 0.0;
protection = TRUE;
}else{
alcohol > 0.08;
protection = FALSE;
}