Concealed Carry
What does Colorado constitute as concealed?
In people People v. Vincent (1981), it was found that the jury had to determine what was considered concealed. A reserve police officer saw the defendant with a derringer handle protruding from his pants. Later, it was found that: "'Concealed' means placed out of sight so as not to be discernible or apparent by ordinary observation" (People ex rel. O.R, 2008). This was a juvenile case where the defendant had a handgun partially protruding from a pocket, the appeals court found the firearm was not concealed.
In people People v. Vincent (1981), it was found that the jury had to determine what was considered concealed. A reserve police officer saw the defendant with a derringer handle protruding from his pants. Later, it was found that: "'Concealed' means placed out of sight so as not to be discernible or apparent by ordinary observation" (People ex rel. O.R, 2008). This was a juvenile case where the defendant had a handgun partially protruding from a pocket, the appeals court found the firearm was not concealed.
Applying the plain and ordinary meaning of the statutory language here, we conclude that "concealed" for purposes of section 18-12-105(1)(b) means placed out of sight so as not to be discernible or apparent by ordinary observation. To hold that a firearm that is discernible or apparent by ordinary observation is "concealed" would lead to absurd results. For example, defining "concealed" so broadly as to subsume a partially concealed but readily observable and identifiable weapon would render it unlawful to carry a holstered handgun—no matter how brazenly displayed—if any part of the gun was concealed by the holster.
Based on People ex rel. O.R., it is reasonable that if one can identify the object as a firearm, it would likely not be concealed.
Concealed Handgun Permit
Basics
Permits are issued by county sheriffs on a shall issue basis. You must be Colorado resident, or service-member stationed in Colorado or member of the service-memeber's immediate family. Colorado does not issue permits to out-of-state residents*; if you are not eligible for a Colorado license and do not meet the military exemption, you will not be issued a permit (18-12-203). Permits are valid for five years. 18-12-204
When a permit is not required
The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense or the handgun is in the possession of a person who is legally engaged in hunting activities within the state. 18-12-204
*18-12-205(2)(a) does state that an applicant who "maintains a secondary residence or owns or leases real property used by the applicant in a business" may return their application to that sheriff.
When a permit is not required
The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense or the handgun is in the possession of a person who is legally engaged in hunting activities within the state. 18-12-204
*18-12-205(2)(a) does state that an applicant who "maintains a secondary residence or owns or leases real property used by the applicant in a business" may return their application to that sheriff.
Qualifications (18-12-203)
In order to receive a permit, you must:
Alcoholics
The alcohol disqualification can be exempted by an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.
Mental illness
If the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.
If the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria or that the permittee presents a danger to himself or others, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.
- Be twenty-one years of age or older;
- Not ineligible to possess a firearm under state or federal law (prohibited person, see state main page for list);
- Have not been convicted of perjury in relation to information provided or deliberately omitted on an application;
- Not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired:
- Is not an unlawful user of or addicted to a controlled substance;
- Not subject to a restraining order (domestic violence);
- A permanent protection order; or
- A temporary protection order.
Alcoholics
The alcohol disqualification can be exempted by an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.
Mental illness
If the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.
If the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria or that the permittee presents a danger to himself or others, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.
Training
- You must demonstrate competence with a handgun by submitting:
- Evidence of experience with a firearm through participation in organized shooting competitions or current military service;
- Evidence that, at the time the application is submitted, the applicant is a certified instructor;
- Proof of honorable discharge from the military within three years before submitting the application;
- Proof of honorable discharge that reflects pistol qualifications obtained within 10 years before submitting the application;
- A retirement certificate from a Colorado law enforcement agency that reflects pistol qualifications obtained within 10 years before submitting the application; or
- A training certificate from a handgun training class obtained within 10 years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor.
"Certified instructor" means an instructor for a firearms safety course who is certified as a firearms instructor by:
- A county, municipal, state, or federal law enforcement agency;
- The peace officers standards and training board;
- A federal military agency; or
- A national nonprofit organization that certifies firearms instructors, operates national firearms competitions, and provides training, including courses in personal protection, in small arms safety, use, and marksmanship.
Application and maintenance
The application must be returned in person (18-12-205). The sheriff has 90 days to issue or deny a permit. The sheriff may issue the permit if the FBI fingerprint results do not return within 90 days. 18-12-206
Temporary emergency permits
Sheriffs may issue temporary emergency permits to a person 18 and older whom the sheriff has reason to believe may be in immediate danger. This applies in the citizen's county of residence or the county where the emergency exists. A criminal history check will be performed to check that the person meets the above criteria, but no training is required. Permits are valid within 90 days, may be renewed once, but they may be renewed ad infinitum until the permittee reachers 21 if cause exists. Renewals must be requested before or after 10 days of expiration. The cost is $25. 18-12-209
The permittee must notify the sheriff:
Renewal
Permittees may renew a permit within 120 days of expiration. The cost is $50. The late renewal period is six months and has an additional cost of $15. 18-12-211
Temporary emergency permits
Sheriffs may issue temporary emergency permits to a person 18 and older whom the sheriff has reason to believe may be in immediate danger. This applies in the citizen's county of residence or the county where the emergency exists. A criminal history check will be performed to check that the person meets the above criteria, but no training is required. Permits are valid within 90 days, may be renewed once, but they may be renewed ad infinitum until the permittee reachers 21 if cause exists. Renewals must be requested before or after 10 days of expiration. The cost is $25. 18-12-209
The permittee must notify the sheriff:
- Within 30 days of a change of address;
- Within 3 business days after his or her permit is lost, stolen, or destroyed.
Renewal
Permittees may renew a permit within 120 days of expiration. The cost is $50. The late renewal period is six months and has an additional cost of $15. 18-12-211
Denial, suspension, and revocation
If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.
If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may:
As the sheriff for a second review (optional); or
Seek judicial review of the sheriff's decision. 18-12-207
If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may:
As the sheriff for a second review (optional); or
Seek judicial review of the sheriff's decision. 18-12-207
Case law: Copley v. Robinson, 224 P.3d 431 (Colo. App. 2009)
Public buildings (concealed carry)
You may not carry a concealed firearm into a public building at which security personnel and electronic weapons screening devices are permanently in place at each entrance. This does not apply to openly carried firearms and does not apply to private property with metal detectors. This does apply in Denver. 18-12-214
You may not carry a concealed firearm into a public building at which security personnel and electronic weapons screening devices are permanently in place at each entrance. This does not apply to openly carried firearms and does not apply to private property with metal detectors. This does apply in Denver. 18-12-214
Duty to inform
The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. 18-12-204
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. 18-12-214(b)
The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. 18-12-204
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. 18-12-214(b)
Databases and information
A sheriff may maintain a database of permittees (from his county) that is searchable by name only. A sheriff or law enforcement agency shall not share or use information from the list of permittees to create or maintain a statewide database of permittees. A peace officer may not use or search a database (no longer exists) of permittees maintained by a law enforcement agency to establish reasonable suspicion to justify probable cause for a detention or a search or seizure of a person or a person's vehicle or property. 18-12-206
A sheriff may maintain a database of permittees (from his county) that is searchable by name only. A sheriff or law enforcement agency shall not share or use information from the list of permittees to create or maintain a statewide database of permittees. A peace officer may not use or search a database (no longer exists) of permittees maintained by a law enforcement agency to establish reasonable suspicion to justify probable cause for a detention or a search or seizure of a person or a person's vehicle or property. 18-12-206
Concealed carry is better than open carry because surprise will work to my advantage.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.
Concealed Firearm Permit Reciprocity
Colorado recognizes the permits of all states that recognize Colorado's permit as long as the citizen is 21 years old and carried both photo ID and their permit. New Colorado residents may carry on their former state's resident permit for a maximum of 90 days. 18-12-213
Colorado does not issue or honor non-resident permits.
