Gun cases in CO

[MuleyFever]

Does a gun sleeve that has a tie closure pass as a case for transporting a rifle in CO? I will call tomorrow but was wondering if anyone knows?

 

[Laelkhunter]

I think it should. If it doesn't specify a "hard case", then anything that would not allow immediate access should be good. Of course, if it is unloaded that would even make it better if you happen to get checked.

 

[danarnold]

I had my bow in a sheath made for horseback, with one cam was showing, the local rancher in Colorado said the game warden would definitely give me a ticket if any part was exposed.

 

[wytx]

Hunting and OHV Regulations
​​​​​​​​​​​​​​​​​​​​Hunting and off-highway vehicle regulations:

It is unlawful to harass or pursue wildlife with an OHV.

OHV use is limited to transporting hunters and downed game.

Transport of firearms on an OHV must comply with game regulations as specified by the Ch.2 Big Game Regulations (search OHV). Firearms must be fully unloaded in the chamber and magazine. In addition, they must be fully enclosed in a hard or soft case.

All bows carried on an OHV must be fully enclosed in a hard or soft case.

Hunters with a mobility impairment may obtain a special permit from the Division of Wildlife to shoot from a stationary OHV while hunting. Off-road use is prohibited.

The ethical use of OHVs is extremely important while hunting. Be considerate of hunters not using OHVs. The continued privilege of using an OHV while hunting will be based on responsible use.

From their website. Note it says FULLY ENCASED and unloaded in both chamber and magazine.

 

[ElkElkGoose]

Does a gun sleeve that has a tie closure pass as a case for transporting a rifle in CO? I will call tomorrow but was wondering if anyone knows?

Wait, are you asking in your vehicle or an ATV etc? If it's just your vehicle you don't need it in a case at all in CO. If an ATV see post above.

 

[wytx]

In a truck they can not be loaded in the chamber.

 

[elkduds]

CO rule RE MLs in vehicle including atvs: Muzzleloading rifles
are considered unloaded if the percussion cap or shotshell primer is removed, or if the powder
is removed from flashpan.

So your ML can be loaded but w no cap, in an enclosed case on atv.

 

[pods8 (Rugged Stitching)]

Wait, are you asking in your vehicle or an ATV etc? If it's just your vehicle you don't need it in a case at all in CO. If an ATV see post above.

Unless you drive within 1000' of a school and enter a federal firearm restricted zone... Technically if you aren't a CO resident with a concealed carry permit then they need to be in a locked case to comply with federal firearms transportation protocol, not that its ever enforced but it is technically the law and it would be a felony IF officers ever did enforce it. Gotta love those sensible gun laws...

 

[ElkElkGoose]

Unless you drive within 1000' of a school and enter a federal firearm restricted zone... Technically if you aren't a CO resident with a concealed carry permit then they need to be in a locked case to comply with federal firearms transportation protocol, not that its ever enforced but it is technically the law and it would be a felony IF officers ever did enforce it. Gotta love those sensible gun laws...

I've never heard that but wouldn't surprise me. I had bought a new FN-15 and got a scope mounted on it at sportsmans warehouse and had it laying across the backseat of my truck because I hadn't found a case for it yet. Got pulled over and told the officer when he came up it was there and why it was there. He told me to keep my hands on the wheel as he checked my documents. He was gone for a while and when he came back he had a second officer and they both stood on the opposite side of the truck and proceeded normally except the second officer watched the back window. Went normal except the second officer, thanked me and went on their way.

 

[j.baum]

Just plain and simple excerpt from Colorado for anyone who may want to know.

Colorado allows a firearm in a vehicle for lawful personal or property protection. But this is where you should look at the specific titles to understand what you are subject to under Colorado law. Just because you are not a resident doesn’t mean specific laws don’t apply to you, which they would.

The CRS 18-12-105 allows possession of a handgun in a place of business, dwelling, and vehicle, and it can be loaded and/or chambered. However it must be in in plain view unless you have a recognized concealed carry.

Colorado Wildlife Law, CRS 33-6-125, states that you may have a handgun or revolver in your vehicle, but any other weapon must be unloaded.


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[Laelkhunter]

Just plain and simple excerpt from Colorado for anyone who may want to know.

Colorado allows a firearm in a vehicle for lawful personal or property protection. But this is where you should look at the specific titles to understand what you are subject to under Colorado law. Just because you are not a resident doesn’t mean specific laws don’t apply to you, which they would.

The CRS 18-12-105 allows possession of a handgun in a place of business, dwelling, and vehicle, and it can be loaded and/or chambered. However it must be in in plain view unless you have a recognized concealed carry.

Colorado Wildlife Law, CRS 33-6-125, states that you may have a handgun or revolver in your vehicle, but any other weapon must be unloaded.


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Good info. I would also like to add that if stopped by LEO, inform him immediately if you have a loaded weapon in the vehicle, or on your person (if lawfully permitted to carry).

 

[LandYacht]

It only has to be in plain view when you are not in your car or house and you don't have a concealed carry permit. Your gun doesn't have to be in plain view in your house and your car is an extension of your home.


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[pods8 (Rugged Stitching)]

I've never heard that but wouldn't surprise me.

Most haven't as it's not really enforced yet those zones exist around schools everywhere since it's a federal thing. Presumably it was to add teeth to dealing with gang members around schools but that wide net technically makes felons out of many sportsman just leaving their neighborhood which has a school in it if they weren't aware they needed a locked case or concealed permit which exempts you from it in your state.

 

[5MilesBack]

Most haven't as it's not really enforced yet those zones exist around schools everywhere since it's a federal thing.

Would be hard to enforce since most the schools around here have houses 50 feet across the street from school property. Hard to have a 1000 foot buffer zone.

 

[pods8 (Rugged Stitching)]

Would be hard to enforce since most the schools around here have houses 50 feet across the street from school property. Hard to have a 1000 foot buffer zone.

The law as it was explained to me is private property is exempt but the second you walk to your car in the street or pull out of the driveway you are into a federal firearm zone and firearms must comply with federal transport protocol (unloaded locked in case) unless you are licensed by the state to carry a firearm. So CCW permit gets you out of locking up long guns as you leave your neighborhood technically. Again it's not enforced but it's a sloppy law on the books by lawmakers who can't foresee unintended consequences. It would be nice if it was corrected rather than not enforced since the consequences if it ever was is a firearm related felony.

 

[j.baum]

The law as it was explained to me is private property is exempt but the second you walk to your car in the street or pull out of the driveway you are into a federal firearm zone and firearms must comply with federal transport protocol (unloaded locked in case) unless you are licensed by the state to carry a firearm. So CCW permit gets you out of locking up long guns as you leave your neighborhood technically. Again it's not enforced but it's a sloppy law on the books by lawmakers who can't foresee unintended consequences. It would be nice if it was corrected rather than not enforced since the consequences if it ever was is a firearm related felony.

I was going to ask what state you're in but I see it's Colorado. I'm sorry but some of the things you stated are not correct.

Colorado you always need to have your long gun unloaded inside a vehicle. CO also doesn’t mention your weapon needs to be locked in a case, except in one case stated below for CCW holders on school grounds. This could change for vehicles with limited storage such as a single cab truck, where you could cover your butt and use a case to remove the "possibility."

Having a CCW, or CHP as it’s defined in Colorado, does not allow you to have a loaded long gun in the vehicle. CCW in Colorado is explicitly for a handgun.

Under Colorado 18-12-105.5, you are not an offender of federal law if you weapon is unloaded and remains inside the vehicle while on the grounds of a public or private school (and other specified places). For CCW holders this is covered under 18-12-214, which are not authorized to carry and must have you handgun unloaded and in a compartment in a locked vehicle, unless under contract for security services or performing official duties (law enforcement).

This is the main reason I urge people to read the law themselves if they can, and take what you read on these forums with a grain of salt.

Remember, the unloaded long gun in vehicle law, while having other purposes like school zones, is basically there to help prevent poaching and illegal hunting practices, which is why it’s covered under Wildlife found in CRS Title 33.

Also for sake of discussion, it’s not always in the lawmakers best interest to worry about unforeseen circumstances or consequences, but rather a specific condition which may actually exist, while keeping people safe and using the spirit of the law. If we breakout every subsection of this law in Title 18 Section 12, I'd be willing to bet only a small unique part isn't covered.

 

[j.baum]

It only has to be in plain view when you are not in your car or house and you don't have a concealed carry permit. Your gun doesn't have to be in plain view in your house and your car is an extension of your home.


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You are correct and sorry maybe I didn't explain what I referenced thoroughly enough.

But just so its clear, the 'car is an extension of your home' isn't what gives you the right to carry openly or concealed in your vehicle. That comes from CRS 18-12-204(3)(a)(I).

Its also important to understand that while your vehicle is an extension of you home, its still subject to plain view, search incident to arrest, probable cause and reasonable suspicion, many of these terms and actions don't apply to a home the same way a vehicle. An officer can't just walk up and look in you home windows for no reason, but they can if you car is parked on the street. Also a LEO can remove you from your vehicle under Officer Safety, which could change things up quickly.

 

[LandYacht]

Called the automobile exception, though a lot has changed with AZ v Gant too


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[pods8 (Rugged Stitching)]

I was going to ask what state you're in but I see it's Colorado. I'm sorry but some of the things you stated are not correct.

Colorado you always need to have your long gun unloaded inside a vehicle. CO also doesn’t mention your weapon needs to be locked in a case, except in one case stated below for CCW holders on school grounds. This could change for vehicles with limited storage such as a single cab truck, where you could cover your butt and use a case to remove the "possibility."

Having a CCW, or CHP as it’s defined in Colorado, does not allow you to have a loaded long gun in the vehicle. CCW in Colorado is explicitly for a handgun.

Under Colorado 18-12-105.5, you are not an offender of federal law if you weapon is unloaded and remains inside the vehicle while on the grounds of a public or private school (and other specified places). For CCW holders this is covered under 18-12-214, which are not authorized to carry and must have you handgun unloaded and in a compartment in a locked vehicle, unless under contract for security services or performing official duties (law enforcement).

This is the main reason I urge people to read the law themselves if they can, and take what you read on these forums with a grain of salt.

Remember, the unloaded long gun in vehicle law, while having other purposes like school zones, is basically there to help prevent poaching and illegal hunting practices, which is why it’s covered under Wildlife found in CRS Title 33.

Also for sake of discussion, it’s not always in the lawmakers best interest to worry about unforeseen circumstances or consequences, but rather a specific condition which may actually exist, while keeping people safe and using the spirit of the law. If we breakout every subsection of this law in Title 18 Section 12, I'd be willing to bet only a small unique part isn't covered.

I was discussing federal laws, specifically the Gun Free School Zones, which supersede state laws. I never said anything about a loaded long gun, I said locked in a case vs not locked in a case.

If you can explain/interpret 18 USC 922(q)(2)(B) items (ii) and (iii)(II) differently let me know. To me and what I was notified of during CCW training is that technically you must have a firearm in a locked container when crossing a school zone under federal law unless you are in your home state and have a concealed carry permit provided your state requires a background check to obtain the permit, otherwise that doesn't count.
(2)
(A)
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i)
on private property not part of school grounds;
(ii)
if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I)
not loaded; and
(II)
in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv)
by an individual for use in a program approved by a school in the school zone;
(v)
by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi)
by a law enforcement officer acting in his or her official capacity; or
(vii)
that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

 

[j.baum]

I was discussing federal laws, specifically the Gun Free School Zones, which supersede state laws. I never said anything about a loaded long gun, I said locked in a case vs not locked in a case.

If you can explain/interpret 18 USC 922(q)(2)(B) items (ii) and (iii)(II) differently let me know. To me and what I was notified of during CCW training is that technically you must have a firearm in a locked container when crossing a school zone under federal law unless you are in your home state and have a concealed carry permit provided your state requires a background check to obtain the permit, otherwise that doesn't count.
(2)
(A)
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i)
on private property not part of school grounds;
(ii)
if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I)
not loaded; and
(II)
in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv)
by an individual for use in a program approved by a school in the school zone;
(v)
by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi)
by a law enforcement officer acting in his or her official capacity; or
(vii)
that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Damnit I just typed all this out and it logged me out.

Sorry about the loaded long gun part. I was simply replying to your "So CCW permit gets you out of locking up long guns as you leave your neighborhood technically," and got a little away from myself. I really just wanted to make it clear that in Colorado, CCW does not apply to long guns. It is only a CHP, concealed handgun permit.

To answer your question on my interpretation. Yes USC seems pretty black and white. Really what it comes down to is jurisdiction. Simply put, a state/local authority does not enforce USC, they enforce their state statutes. A federal agency enforces USC, and could give two shits about state statutes leaving that up to local. Now if you're unfortunate enough to have ATF patrolling your school zones, or commit such a egregious infraction that local LE will call federal for assistance, then I'd say you're probably in the clear following state law.

I'll also say that in my OPINION, the USC does not address real property of the school vs public property, like a roadway, and traveling through a zone. But this is where the state CRS comes in and defines under CRS 18-12-204 (2) (3) and (a).

I'm willing to bet your intent (good or bad) will probably be seen by the LEO, and they will react accordingly. This is where the letter of the law vs the spirit of the law will come into play, and keeping good faith that the state lawmakers knew that they had to abide by federal law. The burden of clarity or specificity falls on the lawmaker, and when that fails to happen, it then falls on the judge.

I hope I made sense and answered your questions. Normally I keep myself out of these discussions because I can go off on a tangent and friendly discussion isn't always transparent though here. I'd just hate for local or non-resident hunters to get hemmed up over something they didn't understand or just simply didn't know about.