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Can You Carry a Concealed Weapon (Gun)? C.R.S. 18-12-105

With the recent Aurora, Colorado (Arapahoe County) tragedy, people are thinking of ways to legally protect themselves from the violence of others. One common idea to defend oneself is to have a Concealed Weapon, C.R.S. 18-12-105, in the event you must turn to it as a last resort. A firearm provides deadly force against someone bigger and stronger than you. Guns have been promoted as the great equalizer which protects the elderly and women, who might not be as physically strong as their attacker.

The Police can't be everywhere, all the time. So, it makes sense to have a firearm nearby for self defense when you are at work, in your car, and at home. With proper training and by keeping the firearm away from children, a gun can offer unparalleled protection. People I talk to want to know the rules / law on firearm possession and concealment. They know that we can't generally conceal a gun or knife on or about our person. What they don't know is that the law makes exceptions to this general rule in Denver, Jefferson, Weld, and Adams County.

Concealment means an item cannot be seen by others. The item is hidden. You can legally conceal a firearm on yourself if you are at work, at home, or in your car. The firearm must be kept in either the home or business of the person concealing the firearm. If in a car, it must be concealed "for lawful protection of such person's or another's person or property while traveling". C.R.S. 18-12-105. Despite this law permitting possession, a person with a prior felony still cannot possess a firearm in Larimer, Grand, and any other Colorado County. Possession of a Weapon by a Previous Offender. C.R.S. 18-12-108. There are constitutional arguments which may prevail over C.R.S. 18-12-108, but those are the subject of another blog.

It is critical to remember that a gun is a deadly weapon. If you are going to possess one, you must know how to safely and accurately use it. You don't pull out a gun except in rare, life-threatening situations. You can be assured that the police will be called after you display a firearm, so think ahead and be very careful in your decision making.

If you are charged with carrying a concealed weapon or other firearm charge, be smart, exercise your right to remain silent, and call the experienced lawyers at the O'Malley Law Office at 303-830-0880. Twenty four hours a day, we can protect your future.

2 Comments

I have had a concealed weapon permit, for several years. Am I allowed to carry it in my "dufflebag" where I also keep prescription medications. I repeat: only prescription drugs. (I am age 71 and need the meds to keep me going. Thank you!

Great question! I am not aware of any hard and fast rule which says you cannot combine the carrying of a concealed weapon and prescription medicines. However, going just a bit deeper, you must concider whether under C.R.S. 18-12-106, you might become "under the influence" of a controlled substance while in possession of a firearm. So, which medicine you possess is important. An antibiotic, for example, doesn't have the likely potential of intoxication, where other prescription drugs do. If it was a close call, I would not want to advertise to police which medicines I am taking if they stop and search my bag for some reason. Your prescription bottles will tell them a lot. Also, concealed weapon permit holders cannot be chronic users of alcohol or drugs. So, be careful.

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