Permits for concealed weapons - liability. (Repealed)

Colo. Rev. Stat. § 18-12-105.1, under Criminal Code.

Colo. Rev. Stat. § 18-12-105.1

Source: L. 81: Entire section added, p. 1437, � 4, effective June 8. L. 83: Entire section amended, p. 711, � 1, effective July 1. L. 96: (2) amended, p. 1024, � 1, effective May 23. L. 98: (2) amended, p. 949, � 12, effective May 27. L. 2003: Entire section repealed, p. 648, � 2, effective May 17.

18-12-105.3. Unlawful carrying of a firearm in government buildings - penalty - definitions. (1) A person shall not knowingly carry a firearm, whether loaded or not loaded, in any of the following locations, including their adjacent parking areas:

(a) On the property of or within any building in which:

(I) The chambers, galleries, or offices of the general assembly, or either house thereof, are located;

(II) A legislative hearing or meeting of the general assembly is being conducted; or

(III) The official office of any member, officer, or employee of the general assembly is located;

(b) Unless permitted by a local government, as described in subsection (4)(b) of this section, on the property or within any building in which:

(I) The chambers or galleries of a local government's governing body are located;

(II) A meeting of a local government's governing body is being conducted; or

(III) The official office of any elected member of a local government's governing body or of the chief executive officer of a local government is located; or

(c) A courthouse or any other building or portion of a building used for court proceedings.

(2) This section does not apply to:

(a) A peace officer carrying a firearm pursuant to the authority granted in section 16-2.5-101 (2);

(b) A member of the United States armed forces or Colorado National Guard when engaged in the lawful discharge of the member's official duties;

(c) Security personnel employed or retained by an entity that controls or operates a place described in this section and security personnel described in section 24-33.5-216.7 (5) while engaged in the security personnel's official duties;

(d) Law enforcement personnel, defense counsel personnel, and court personnel carrying or possessing a firearm in the performance of their official duties as part of the lawful and common practices of a legal proceeding; and

(e) A person who holds a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12 who is carrying a concealed handgun in the adjacent parking area of a location listed in subsection (1) of this section.

(2.3) Repealed.

(3) A person commits unlawful carrying of a firearm in a government building if the person violates subsection (1) of this section. Unlawful carrying of a firearm in a government building is a class 1 misdemeanor.

(4) (a) This section does not prohibit a local government from enacting an ordinance, regulation, or other law pursuant to section 18-12-214 or 29-11.7-104 that prohibits a person from carrying a firearm in a specified place.

(b) A local government may enact an ordinance, regulation, or other law that permits a person to carry a firearm at a place described in subsection (1)(b) of this section.

(5) Nothing in this section prohibits a person from securely storing a firearm in a vehicle, as required by state law, that is at a location described in this section.

(6) As used in this section, unless the context otherwise requires:

(a) Governing body has the same meaning set forth in section 29-1-102.

(b) Local government means any city, county, city and county, special district, or other political subdivision of this state, or any department, agency, or instrumentality thereof.

Source: L. 2024: Entire section added, (SB 24-131), ch. 301, p. 2044, � 2, effective July 1.

Editor's note: Subsection (2.3)(b) provided for the repeal of subsection (2.3), effective January 5, 2025. (See L. 2024, p. 2044.)

Cross references: For the legislative declaration in SB 24-131, see section 1 of chapter 301, Session Laws of Colorado 2024.

18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds - definition. (1) (a) A person shall not knowingly and unlawfully and without legal authority carry, bring, or have in the person's possession a deadly weapon as defined in section 18-1-901 (3)(e) that is not a firearm in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon that is not a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(a.5) A person shall not knowingly carry a firearm, either openly or concealed, in or on the real estate and all improvements erected thereon of any licensed child care center; public or private elementary, middle, junior high, high, or vocational school; or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(b) (I) A person who violates subsection (1)(a) of this section commits a class 6 felony if the weapon involved is a deadly weapon other than a firearm, as defined in section 18-1-901.

(II) A person who violates subsection (1)(a.5) of this section commits a class 1 misdemeanor.

(2) (Deleted by amendment, L. 2000, p. 709, � 45, effective July 1, 2000.)

(3) It is not an offense under this section if:

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or

(d) Repealed.

(d.5) The weapon involved was a handgun, the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12, and the person is carrying the concealed handgun:

(I) On the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school in accordance with the authority granted pursuant to section 18-12-214 (3); or

(II) In a parking area of a licensed child care center or a public or private college, university, or seminary; or

(e) The person is a school resource officer, as defined in section 22-32-109.1 (1)(g.5), C.R.S., or 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

(f) and (g) (Deleted by amendment, L. 2003, p. 1626, � 51, effective August 6, 2003.)

(h) The person has possession of the weapon for use in an educational program approved by a school, which program includes, but is not limited to, any course designed for the repair or maintenance of weapons; or

(i) The weapon involved is a firearm; the person carrying the firearm is employed or retained as security personnel by a licensed child care center or a public or private college, university, or seminary; and the person is carrying the firearm while engaged in the person's official duties as security personnel; or

(j) A licensed child care center is on the same real estate as another building or improvement that is not a school and that is open to the public and the person is carrying a firearm on an area of real estate or any improvement thereon that is not designated as a licensed child care center.

(4) As used in this section, unless the context otherwise requires, licensed child care center means a child care center, as defined in section 26.5-5-303 (3), that is licensed by the department of early childhood or is exempt from licensing pursuant to section 26.5-5-304 (1)(b), and that operates with stated educational purposes. Licensed child care center does not include a family child care home, as defined in section 26.5-5-303 (7).

Source: L. 93: Entire section added, p. 965, � 2, effective July 1. L. 94: (1) and (2) amended, p. 1721, � 19, effective July 1. L. 2000: Entire section amended, p. 709, � 45, effective July 1. L. 2003: (3)(d) amended and (3)(d.5) added, p. 649, � 4, effective May 17; (3)(e), (3)(f), and (3)(g) amended, p. 1626, � 51, effective August 6. L. 2013: (3)(e) amended, (SB 13-138), ch. 253, p. 1341, � 2, effective May 23. L. 2023: (1) amended, (HB 23-1293), ch. 298, p. 1792, � 46, effective October 1. L. 2024: (1)(a), (1)(b)(II), IP(3), (3)(d.5), and (3)(h) amended, (1)(a.5), (3)(i), (3)(j), and (4) added, and (3)(d) repealed, (SB 24-131), ch. 301, p. 2046, � 3, effective July 1.

Cross references: For the legislative declaration in the 2013 act amending subsection (3)(e), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in SB 24-131, see section 1 of chapter 301, Session Laws of Colorado 2024.

18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles. (1) The general assembly hereby finds that:

(a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2)(b) and 18-12-105.5 (3)(c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;

(b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;

(c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;

(d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.

(2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and, except as described in section 18-12-114.5, is not an offense.

(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

Source: L. 2000: Entire section added, p. 1009, � 2, effective August 2. L. 2003: Entire section amended, p. 651, � 1, effective March 18. L. 2024: (2)(a) amended, (HB 24-1348), ch. 178, p. 970, � 3, effective January 1, 2025.