Carrying on private property

[CharlieK]

I live in a Colorado community that is private property. It is heavily wooded, with dozens of houses, and with many walking trails. There has been at least one case recently of a resident walking in the woods, and a dog that was off-lease, with another resident , that attacked him. I'm too old to run, but I can shoot. I don't have a Colorado concealed carry license. Is it legal for me to carry either concealed or open while I'm walking in such an area?

 

[Treo]

Is it your private property?

Here is a link to the CRS regarding concealed carry Link Removed

Here is another link to Colorado Revised Statutes Link Removed

And a copy of CRS 18-12-204




18-12-204. Permit contents - validity - carrying requirements.


(1) (a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.


(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.


(2) (a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.


(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:


(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or


(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.







Source: L. 2003: Entire part added, p. 639, § 1, effective May 17.

 

[CharlieK]

Not my private property. The property (woods, trails, and roads) is owned by the Property Owners' Association, of which I am a member.

 

[Treo]

Not my private property. The property (woods, trails, and roads) is owned by the Property Owners' Association, of which I am a member.

Their property their call

You can't carry concealed w/out a permit and I will bet my ass the HOA will not allow OC.

In certain counties in Colorado OC is prohibited by law

Colorado was once one of our "Gold Star" open carry states. However, Denver filed and won a suit challenging the states excellent preemption law. Consequently, both open carry and unlicensed open car carry in Denver are prohibited. There are reports that other localities are planning to follow suit. Currently, outside of Denver, car carry is unrestricted and localities are almost completely preempted in enforcing firearms restrictions, and must post specific facilities which are off limits to open carry.

Link Removed

 

[Deserteagle]

Not my private property. The property (woods, trails, and roads) is owned by the Property Owners' Association, of which I am a member.

Well it is not illegal to carry concealed on private property. But, if the owner tells you that you cannot carry, than you have to leave or face trespassing charge. But if you are carrying concealed, and you are not carrying in an area specifically stated as illegal in the law, than carry on and dont mention it. I dont think the property owners are going to come up to you with metal detectors every time you walk your dog. So carry and keep it concealed.

 

[Treo]

Well it is not illegal to carry concealed on private property. But, if the owner tells you that you cannot carry, than you have to leave or face trespassing charge.

I assume you mean it is not illegal with a permit to carry concealed on private property.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:


(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or


(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

I mean unless there's some exemption for private property in there that I don't see, Maybe something in this



18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person;

(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

(c) A person who, 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 it existed prior to its repeal, or, if the weapon involved was a handgun, 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; or

(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

 

[CharlieK]

Thanks, guys. I don't live anywhere near Denver; I live in the southwest corner of the state, but I'll ask an officer of the Property Owners' Association and see what happens.

 

[Deserteagle]

I assume you mean it is not illegal with a permit to carry concealed on private property.



I mean unless there's some exemption for private property in there that I don't see, Maybe something in this



18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

I mistook what he said. He said he is a member of the property owner's association, so I made the connection with the law that exempts people on property they own or control

"A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying"