Can I Carry A Firearm Onto School Property In Colorado?

Understanding Colorado’s Stance on Firearms on School Grounds: An Examination of CRS 18-12-105.5

In the state of Colorado, the laws regarding the carrying of firearms and other deadly weapons on school grounds are stringent and well-defined under the Colorado Revised Statute 18-12-105.5. This statute is crucial for maintaining the safety and security of educational environments. In this article, we will explore the specifics of this statute and discuss two real-world examples of its application.

Overview of Colorado Revised Statute 18-12-105.5

The CRS 18-12-105.5 clearly states that it is unlawful for a person to knowingly and without legal authority carry, bring, or possess a deadly weapon, defined in section 18-1-901 (3)(e), on the premises of any educational institution. This includes public and private schools, from elementary to university levels.

However, the statute also outlines specific exceptions:

1. Authorized public demonstrations or exhibitions as part of organized school activities.
2. Duties of an educational institution employee where a weapon is required.
3. Participation in authorized extracurricular activities or athletic teams.
4. Unloaded weapons in a motor vehicle on university grounds.
5. Possession in one’s dwelling, place of business, or property under one’s control.
6. Carrying a weapon in a private vehicle for lawful protection.
7. Persons with a valid permit, except when in violation of section 18-12-214 (3).
8. School resource officers or peace officers carrying a weapon in accordance with their agency’s policy.
9. Educational programs approved by a school involving weapon repair or maintenance.

Violating this statute results in serious legal consequences, classified as a class 5 felony for firearms and a class 6 felony for other deadly weapons.

Case Examples of Unlawful Carry on School Grounds

1. Example One: The High School Incident
   In a high-profile case, an individual was arrested for carrying a concealed firearm on grounds of a Colorado high school(was not within one of the exceptions). The individual, who was neither a student nor staff, claimed to be unaware of the statute. The firearm was discovered during a routine security check. This incident led to a temporary lockdown and highlighted the importance of awareness regarding firearm laws in educational settings.
2. Example Two: The University Violation
   In another instance, a university student was found in possession of a loaded handgun in a campus dormitory. The student had a concealed carry permit but was in violation of university policy and state law, as the weapon was not stored in a vehicle and the student was not participating in any authorized activity involving firearms. This case was particularly significant as it raised questions about the boundaries of concealed carry permits in educational institutions.

Clarification For Weapons In Vehicles For Lawful Protection

In Colorado, under certain circumstances, it is legally permissible for an individual to have a firearm in their vehicle while on school property. They must be 21 years of age or older and legally allowed to own a firearm. The firearm must be a pistol or handgun. It can NOT be a loaded long gun. This provision is applicable regardless of whether the individual possesses a Concealed Handgun Permit (CHP) or not. The key condition for this allowance is that the firearm must be used strictly for lawful protection and must remain inside the vehicle at all times. For example, a parent with a CHP is allowed to carry a handgun while driving onto school grounds to pick up their child. However, it is imperative that the parent stays within the vehicle and does not exit with the handgun. The CHP, or the statute, does not grant permission to carry the handgun outside the vehicle or to walk around the school property or enter school buildings while armed. This regulation is in place to ensure the safety and security of the school environment while respecting the rights of individuals to carry firearms for personal protection within specific legal boundaries.

Clarification Of CRS 18-12-214 (3)

This statute outlines the limitations and exceptions for concealed carry permit holders regarding carrying handguns on public school properties. Here’s a summary:

1. General Prohibition: A concealed carry permit does not allow the carrying of a concealed handgun on the property of public elementary, middle, junior high, or high schools.
2. Exceptions:

• In Vehicles: Permit holders can have a handgun on public school property, provided it stays inside their vehicle. The gun must be in a compartment, and the vehicle must be locked if the permit holder is not inside.
• School Security Officers: Permit holders who are employed or contracted as school security officers by a school district or charter school are allowed to carry a concealed handgun on the property of public schools while they are on duty.
• Undeveloped Property: Permit holders are allowed to carry a concealed handgun on undeveloped property owned by a school district if it’s used for hunting or other shooting sports if authorized by the district.

Conclusion

Colorado Revised Statute 18-12-105.5 plays a vital role in ensuring the safety of educational environments by regulating the presence of deadly weapons. While there are specific exceptions, the general prohibition of carrying firearms and other deadly weapons on school grounds is clear and strictly enforced. The highlighted examples serve as reminders of the legal and safety implications of violating this statute. It is crucial for individuals to be aware of and comply with these laws to maintain a safe and secure educational environment.

Legal Disclaimer

The information provided in this article, including the interpretation of Colorado Revised Statute 18-12-105.5, is for general informational and educational purposes only. While efforts have been made to ensure the accuracy and reliability of the content, this article should not be construed as legal advice.