Colorado CCW- posting for clearity

I decided to post actual laws regarding concealed weapons permits in light of a recent thread and numerous others over time.

There is a constant debate over signs posted on a business that prohibit firearms on the property. I personally refuse to do business with these companies if it is possible. Many believe that you may get charged with trespass if you enter the property while legally carrying concealed.

I will lay out the argument that most people use. The people who believe it is a crime usually quote this portion of the statute.

Quote:
(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.
Note there is no penalty or specific other statute annotated as a violation. I and many others take this as meaning if I as a business owner don't want someone carrying concealed I don't have to provide that service and may remove you from the property. If you refuse to leave you are trespassing and may be charged as appropriate.

As a business owner I can refuse service to anyone. If I don't like they way you look I can tell you to leave. Your boss can prevent you from carrying a weapon at work even with a CCW and If I don't want guns in my apartment or house I can give you the boot.

The other argument is very specifically spelled out in statute. It is contained here.

Quote:
(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.
This is very specific and blatantly points out that you may not legally carry a concealed weapon under those circumstances.

As pointed out earlier I will not patronize a business that is anti-gun or Ant-CCW. If I see the sign on the door I go no further and tell everyone that I think may care and basically boycott the business. I occasionally will make contact with the owner to ensure they are losing business because of their policies. I firmly believe that you have the right to run your business any way you like. I also have the right to go somewhere else for those goods and services.

I also believe that we have the right to self protection. If I am disarmed by a business's policies then the business is responsible for my safety should anything happen.

I also believe that if it were posted in a specific manner that a trespass charge may apply. But I have never seen a business posted in this manner.

Here is the difficult part. There may be municipal ordinances that state differently. There may be Law Enforcement Officials and District Attorneys with different views of the Law than you or I do. If you were unlucky enough to get charged criminally even with a petty offense for trespass it could be an expensive and difficult fight even if found not guilty. I err on the side of caution as you never know what kind of Judge or jury you may face in a trial.

Most places like Walmart or the Mall are considered public places as long as they are open for business and the general public has access. This does not mean that you may stay no matter what. If you are told to leave by someone who has the authority and don't you may be charged criminally.

I highly recommend discretion and good judgment on your part. It never hurts to consult with an attorney. But remember your attorney is probably not going to be the judge in your trial if something goes bad.

I would encourage people to respond and offer educated arguments for either side. I would request no personal attacks and that if you actually know of a case where criminal charges were pursued please post that information up so we can find relative case laws for this specific type of incident. There are many case regarding trespass and "Public" access private property, but I know of no cases where a person was charged for legally carrying a weapon against the wishes of a store and being charged based on that alone.

For those that take everything they read on the internet as gospel. This is my opinion based on State Statute and similar case law. But MonkeyBOMB said is not going to be a valid defense in court. Never take legal advise over the internet.

Here is the current law regarding CCW.

18-12-214. Authority granted by permit - carrying restrictions.

(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;

(b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;

(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.