Colorado concealed carry

Question
QUESTION: Can I carry concealed on me while driving through colorado springs without a permit? I heard there were no state laws governing concealed carry while in a private vehicle in colorado. I know I can carry in my home without a permit.

ANSWER: Sam,

A traveler can carry a loaded handgun anywhere in their vehicle as long as the firearm is carried for the purpose of self defense.  Weapons may be secured in the glove box or console box as well as concealed on your person.  Rifles and shotguns may also be carried anywhere, but must be unloaded.  "Unloaded" under Colorado law applies only to the long gun's chamber.

If you exit your vehicle and are on foot, you must have a concealed weapons permit to conceal a firearm on your person.

Hope this gives you what you need...

Doug



---------- FOLLOW-UP ----------

QUESTION: I asked because I was given 2 tickets during a traffic stop. My tickets weren't traffic related but gun related. Unlawful concealed carry and unlawful possession. Looking at state statutes 18.12.105, I only broke the law after being asked to exit the vehicle by officers for a shake down and during so, I said I had a concealed weapon on me before being searched for my protection and the officers. Technically, if I wasn't asked to exit the vehicle, I wouldn't of been subject to the tickets? True or false? I'm just trying to get advice before I fight the tickets. I was simply driving home in the city and was stopped but I thought I knew my state laws until then. Am I wrong?

Answer
Sam,

I am not an attorney, either in Arizona or anywhere else and cannot give you legal advise.  I can give you my opinion however.

Based on my understanding of the law in Colorado, as soon as you exited your vehicle, you were 'on foot' and technically in violation of the concealed carry statutes in Colorado.  I might have taken the approach telling the officers that you were armed and ask them for permission to place your firearm on the dash or seat before you exited the vehicle.  I know hindsight is 20/20, but still it sounds like the officers were not giving you a break at all.

Since I don't know all of the specifics of the stop, I can't say too much about how this might go in court.  Based on what you have told me, there is a reasonable argument that you would not have exited the vehicle if you hadn't been stopped and asked to by the police.  How this will be viewed by the prosecutor and presiding judge will depend on a lot of factors including all of the circumstances surrounding the traffic stop.

You should probably not try and fight this yourself without an attorney.  This offense is a class 2 misdemeanor which is a reportable offense and could affect your ability to get any sort of professional license.  Also, if you were to commit any other 'non-serious' crime during a term of probation you might receive if convicted, your prior conviction will not help you at all.

I realize that this is not a very satisfying answer, but in my experience, this kind of stuff does happen sometimes.  Hopefully the court will sort it out correctly.

Best regards,

Doug