Colorado concealed carry and weapons laws
Updated 7/12/96On Colorado's concealed weapons permit law:
Colorado Revised Statutes (C.R.S.)
sec. 18-12-105.1. Permits for concealed weapons - liability
(1) Pursuant to the grant of authority in sections 30-10-523 and
31-4-112.1, C.R.S. the chief of police of a city or of a city and
county or the sheriff of a county may issue written permits to
carry concealed weapons. A chief of police or sheriff who receives
an application for a permit for a concealed weapon from
a person who does not reside within the confines of his
jurisdiction shall consult the chief of police or sheriff of the
jurisdiction in which the applicant resides prior to issuing said
permit. The chief of police or sheriff of the jurisdiction in which
the application for a permit for a concealed weapon is made shall
notify the chief of police or sheriff of the jurisdiction in which
the applicant resides of the disposition of said application. Any
such permit shall be effective in all areas of the state.
(2) A sheriff or chief of police shall make an inquiry, includ-
ing a fingerprint check, into the background of an applicant for
a permit to carry a concealed weapon to determine if the applicant
would present a danger to others or to himself or herself if the
applicant is granted a permit. The sheriff or chief of police shall
not be liable for any damages that may result from granting a permit,
if the sheriff or chief of police, prior to granting a permit, requests
a criminal history check of the applicant from the Colorado bureau of
investigation, including a request to process the applicant's fingerprints.
The Colorado bureau of investigation, upon request by a chief of police
or sheriff, shall conduct a criminal history check of an applicant,
including but not limited to processing of fingerprints, pursuant to
this subsection (2). The cost of such check shall be borne by the
applicant.
sec. 31-4-112.1. Chief of police - permits for concealed weapons.
The chief of police of a city or city and county may issue written
permits to carry concealed weapons. Any such permit shall be issued
in accordance with section 18-12-105.1, C.R.S.
sec. 30-10-523. Sheriff - permits for concealed weapons.
The sheriff of each county may issue written permits to carry
concealed weapons. Any such permit shall be issued in accordance
with section 18-12-105.1, C.R.S.
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Colorado's concealed carry permit law is pretty crummy. It more or
less gives local law enforcement complete discretion to issue a permit.
The only reason it exists at all is because of a 1980 lawsuit against
the Routt county sheriff and Steamboat Springs police chief for not
issuing a permit. (Douglass v. Kelton, 610 P.2d 1067, 199 Colo. 446
(1980)). His defense was that he was not authorized by law to do so,
and issuing permits was not inherent to his position. The Colorado
Supreme Court agreed, so the legislature passed the current law. Prior
to that the only reason to believe there was even such a thing as a
concealed carry permit in Colorado was that the concealed carry
prohibition statute allowed a permit as a defense. The supreme
court was of the opinion that this meant that home-rule
cities (most cities in Colorado) could authorize their chief
of police to issue them, as Denver had, for example. Denver's CCW
ordinance will also honor one issued by a mayor of a city, but that
permit will not be valid under state law.
Most agencies have their own rules, beyond the statute. Denver has
its own ordinance, (RMC sec. 38-116.5) requiring a non-refundable
$100 application fee, yearly renewal ($35), a range test, and
giving the chief of police complete discretion in issuing or renewing.
None are currently issued to civilians by the Denver police chief, or
the Denver sheriff, who is the Manager of Safety, by the city charter.
Denver is currently being sued over its arbitrary permit policy, the
Court of Appeals recently reversed the district court's dismissal of
the suit. Miller v. Collier, 878 P.2d 141 (Colo. App. 1994).
I believe the Larimer county sheriff is also being sued over his permit
policy.
Until February, 1995 the situation almost everywhere in Colorado was
that permits were only available to cronies and political contributors.
In February, 1995, the newly elected sheriff for El Paso county
(Colorado Springs), John Anderson, announced a policy of issuing CCW
permits to residents of that county, (or residents of other counties
with a business in El Paso county), without regard to need. He
requires you be 25 or older, complete an application and pass a
background check, pay $85 for the permit, $20 for an annual
renewal, and proof of training in the use of a handgun.
Although there has been no significant state law change since then, despite
attempts, a lot of sheriffs have changed their own policy about
the circumstances under which they will issue a permit. This is due
in large part to a decision of the Sheriff's association in 1995, to
help forestall legislative changes, agreed to stop abusing their power
to issue permits. Not all sheriffs have gone along, but some fairly
anti-gun sheriffs, notable George Epp of Boulder county, are now issuing
permits. Some sheriffs were also voted out of office in favor of folks
who weren't going to be jerks about it.
According to a survey done by the Denver Post, and published in
the 3/24/96 issue, the following county sheriffs do not require a
showing of need to issue a permit:
Adams, Baca, Chaffee, Cheyenne, Clear Creek, Crowley, Custer, Delta,
Dolores, Elbert, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison,
Hinsdale, Kit Carson, La Plata, Las Animas, Moffat, Montezuma, Park,
Phillips, Pueblo, Rio Blanco, San Miguel, Sedgwick, Summit, Teller,
Washington and Weld.
The following counties' sheriffs require some showing of need; it
will vary from not a big deal, to really belonging in the category
below of counties that only issue to cronies:
Alamosa, Arapahoe, Archuleta, Bent, Boulder, Conejos, Costilla,
Huerfano, Jackson, Jefferson, Kiowa, Lake, Larimer, Mesa, Montrose,
Pitkin, Rio Grande, Saguache, San Juan, and Yuma.
The following counties only issue to cronies, and political contributors:
Denver, Eagle, Lincoln, Logan, Mineral, Morgan, Otero, Ouray, Prowers
and Routt.
The state law allows any sheriff or police chief to issue a
permit to anyone; I know of no one issuing permits to
persons without a connection to their jurisdiction. Some
sheriffs will issue to landowners in their county, or to business
owners in their county, even if you live in another county. The Douglas,
Jefferson and Arapahoe county sheriffs will only issue to residents of
unincorporated areas, taking the position that folks who live in cities
should get permits from the chief of police, who has primary law
enforcement jurisdiciton where they live. Other sheriffs may also have
this policy.
There is no statutory requirement you be a state resident to get a
permit. Any permit issued according to the state law (by a police
chief or sheriff) is good statewide, no jurisdictional exceptions.
Out of state permits are not recognized in Colorado.
Holders of permits may carry on school grounds.
Anyway, while getting a permit can be hard, and in Denver is impossible,
Colorado expressly allows one to carry a concealed weapon (firearm or knife)
under the following circumstances (see C.R.S. sec. 18-12-105):
1) in his own dwelling or place of business, or on property
under his control at the time of the act of carrying; or
2) in a private automobile or other private means of
conveyance for lawful protection of his or another's
person or property while traveling; or
3) when one is a permit holder;
4) when one is a peace officer; or
5) when one is a federal probation officer, or pre-trial services
officer, within the scope of his duties.
Actually the above are defined as "affirmative defenses", which is
how Colorado criminal law characterizes most exceptions to its
application. Thus technically speaking you could be prosecuted
for carrying a concealed weapon, even if you were a peace officer
or had a permit, but upon YOU showing your permit or badge to the court
your case would be dismissed. C.R.S. section 18-1-407 states that
the defendant has to present "some credible evidence" on the issue, in
order to raise an affirmative defense. If the defendant does, the
state must establish the guilt of the defendant beyond a resonable
doubt as to that issue as well as all other elements of the offfense.
If they were exceptions the D.A. would be unable to obtain an
indictment or information on the charges, assuming you fell into
one of the exceptions. This is important when considering carrying
concealed in a car. A few D.A.'s in Colorado, Denver, for instance,
have decided to prosecute folks caught with guns in their cars, and
make them show they had the weapon for the lawful protection
of their person or property while traveling, at a trial. You must
be acquitted, or the case dismissed, if you are within the defense.
So most D.A.'s do not bother to prosecute persons caught with
concealed weapons in their cars unless they are also accused of
a second crime that, if proved, would negate the applicability
of the affirmative defense. The bottom line being that if a
jurisdiction is hostile to carrying guns, they can make life
hard for you, even if the law will ultimately protect you from
conviction.
Carrying a rifle or shotgun with a round in the chamber in a
motorized vehicle is illegal under Colorado hunting law;
this does not apply to handguns.
Note that Colorado law does not make any distinctions based on the
loaded or unloaded nature of a gun, as to carry. Concealed carry
of an unloaded firearm is the same as loaded, in terms of its legality
or illegality under the law. Note also that the gun need not be on
your person to be concealed. It may be hidden within reach, for example
under the seat in a car. The issue of concealment is a fact issue for
a jury; but there is no trick here. Hidden from view, and still accessible
is a good working definition.
Unconcealed (open) carry is not regulated by Colorado state law. Some
home-rule cities prohibit open carry, like Denver, Boulder, and most
cities around Denver. Golden, Arvada and Wheat Ridge apparently do not.
Denver also limits the state law exception for carrying a concealed
weapon in one's car to person's "where there is a direct and immed-
iate threat thereto, while traveling away from the area of their
residence or place of business" in their ordinance prohibiting carry.
(RMC sec. 38-118). In 1994 a Denver county court judge ruled it void
as in conflict with state law. The defendant was acquitted in a
prosecution under the state law, and the city took an appeal of that decision
for precedential purposes, to district court. The district court (People v.
Allen, 94-CV-4013) decided, on 2/10/96, that the two affirmative defenses
did not conflict, under the standards set out by the Colorado Supreme Court,
and thus the defense was and is much more limited in Denver than the rest
of the state (or any other city that elects to limit it). As the defendant
in the case was already acquitted there will not be an appeal of this
decision, and in fact only the city presented an appeal brief to the district
court. Nonetheless, it is binding on the Denver County Court.
One other note as to carry in a car. Colo. law prohibits anyone who
is intoxicated from having possession of a firearm. Having a CCW permit
is not a defense. If you are going to drive drunk leave the pistol
at home. You will get zinged twice if they find a gun in the car after
you get caught driving while intoxicated.
As to other gun laws; Colorado has no state gun bans, or
similar restrictions. No permit is needed to own any gun, except
that NFA guns must be in compliance with federal law in order to
be legal under state law. No permit is needed to transport any
gun, except as noted above with regard to concealed carry.
Any gun purchase from a dealer in Denver will have a report of
that sale sent to the Manager of Public Safety in Denver, regardless
of where the purchaser lives.
There is an instant check system for handgun sales, so
there is no Brady waiting period, and no waiting periods anywhere
in Colorado, that I know of. The insta-check costs $10
per transaction (i.e. you can buy 50 guns at once, and only pay $10, buy
two over two days, and it is $10 each time). The insta-check approval
number used to be good for 30 days at the dealer you got it from, this
is no longer true.
There is no state (or local, that I know of) regulation
of private sales of guns. All NFA weapons (machine guns, silencers,
short barreled rifles, short barreled shotguns, destructive devices,
and Any Other Weapons) are legal. Getting the law enforcement
certification for an NFA weapon transfer around Denver is very hard
though. Elsewhere in the state it is apparently easier.
Denver has enacted a ban on semi-automatic "assault weapons", the text
of the ordinance is on the rec.guns archive machine flubber.cs.umd.edu.
Denver also restricts the sale, but not possession, of guns defined as
"Saturday Night Specials". Vail also restricts "assault weapons".