• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

State specific loaded gun questuon

Joined
Apr 5, 2017
Messages
4
Location
Denver CO
Does CO consider a semi-auto pistol loaded if there is a loaded magazine (no chambered round) or if there is an actual round in the chamber?

If so, does someone have the legal link or the legal law code that coincides with the CO definition?

If you have any insight, it would be greatly appreciated.

Thank you
 

Va_Nemo

Member
Joined
May 1, 2016
Messages
580
Location
Lynchburg
You hit the wrong button and its out floating in cyberspace? Parts are headed to Antares and past Procyon if you look close.

Nemo :cool:
 
Joined
Apr 5, 2017
Messages
4
Location
Denver CO
Jack's Post

Jack,

I went to reference your post and it is gone.

If you have a free moment, would it be possible to repost it?

I dont know what happened but its not there.

Thank you
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,623
Location
Pleasant Grove, Utah, USA
It seems that I remember reading a post that I don't see on this thread anymore. Don't remember all the details but it brought up that Colorado "feels" a handgun is loaded if there is a loaded magazine within reach of the gun possessor that can't readily be inserted into the firearm.

Was that one of the "high points" of the missing response?
 

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
You hit the wrong button and its out floating in cyberspace? Parts are headed to Antares and past Procyon if you look close.

Nemo :cool:
Jack,

I went to reference your post and it is gone.

If you have a free moment, would it be possible to repost it?

I dont know what happened but its not there.

Thank you
It seems that I remember reading a post that I don't see on this thread anymore. Don't remember all the details but it brought up that Colorado "feels" a handgun is loaded if there is a loaded magazine within reach of the gun possessor that can't readily be inserted into the firearm.

Was that one of the "high points" of the missing response?

Sorry guys. I've been out with the flu for a week. I'll dig the cite back up and my observation on it shortly.
 

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
The closest legal definition is found in (The link should take you directly to the appropriate statute; bold is original):

C.R.S. 18-12-108.5 (2016), TITLE 18. CRIMINAL CODE, ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS, PART 1. FIREARMS AND WEAPONS - GENERAL, 18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty, COLORADO REVISED STATUTES

C.R.S. said:
(3) For the purposes of subsection (2) of this section, a handgun is "loaded" if:

(a) There is a cartridge in the chamber of the handgun; or

(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or

(c) The handgun, and the ammunition for such handgun, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun and the ammunition and load the handgun.

So, with subsection (c) of the quoted text, it seems to me that a minor (under 18 years of age) that can readily access both firearm and ammunition can legally make the gun "loaded". Even if the firearm has no magazine in it, and the ammo/magazine is several feet away. But if the minor has access to only the pistol (no magazine), it's not considered loaded. But it also says "could readily gain access". So if I unload my pistol, keep the magazine secured on my person, and hand my nephew the pistol - it's not loaded. Even though it's just a couple of feet away. Because there's no way my 85lb nephew is wrestling that magazine away from me if I don't want him to.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,623
Location
Pleasant Grove, Utah, USA
The closest legal definition is found in (The link should take you directly to the appropriate statute; bold is original):

C.R.S. 18-12-108.5 (2016), TITLE 18. CRIMINAL CODE, ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS, PART 1. FIREARMS AND WEAPONS - GENERAL, 18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty, COLORADO REVISED STATUTES




So, with subsection (c) of the quoted text, it seems to me that a minor (under 18 years of age) that can readily access both firearm and ammunition can legally make the gun "loaded". Even if the firearm has no magazine in it, and the ammo/magazine is several feet away. But if the minor has access to only the pistol (no magazine), it's not considered loaded. But it also says "could readily gain access". So if I unload my pistol, keep the magazine secured on my person, and hand my nephew the pistol - it's not loaded. Even though it's just a couple of feet away. Because there's no way my 85lb nephew is wrestling that magazine away from me if I don't want him to.
And yet, if in your scenario one were to place that same loaded magazine between the 2 of you that same <18 yr old could be charge with a loaded firearm violation--- even if the magazine was further away that it was while in your pocket!
 

just James

Regular Member
Joined
Feb 21, 2016
Messages
28
Location
Southern Oregon
I will be visiting Colorado soon, and plan on open carrying a revolver while there. This thread would seem to imply that carrying a loaded firearm is forbidden. Or, am I missing something?
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,357
Location
here nc
I will be visiting Colorado soon, and plan on open carrying a revolver while there. This thread would seem to imply that carrying a loaded firearm is forbidden. Or, am I missing something?
While Colorado is a huge State to roam, with the exception of Denver & Denver county you should have no problem OC'g on the same motorcycle you are riding to UTAH.

While State wide exemption exists, Denver & Denver county sued the State and won over the area not being part of the State's exemption area.

There are rogue areas around the county who believe due to the irregular shape of Denver county they are under the auspices of being able to regulate OC.

Finally, while gun buster signs in theory do not carry the weight of law, Aurora believe they in fact do carry the weight of law and are cranky enough to charge you.

http://handgunlaw.us/states/colorado.pdf

safe sojourn and keep the rubber down!
 

just James

Regular Member
Joined
Feb 21, 2016
Messages
28
Location
Southern Oregon
While Colorado is a huge State to roam, with the exception of Denver & Denver county you should have no problem OC'g on the same motorcycle you are riding to UTAH.

While State wide exemption exists, Denver & Denver county sued the State and won over the area not being part of the State's exemption area.

There are rogue areas around the county who believe due to the irregular shape of Denver county they are under the auspices of being able to regulate OC.

Finally, while gun buster signs in theory do not carry the weight of law, Aurora believe they in fact do carry the weight of law and are cranky enough to charge you.

http://handgunlaw.us/states/colorado.pdf

safe sojourn and keep the rubber down!
Thanks
And yes, I am going to be traveling from southern Oregon, across northern Nevada, Utah, and into Colorado, ending up just south of Denver. I have a concealed permit from Oregon, but am just trying to familiarize myself with the laws of the other states that I will be in.
 
Top