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Understanding Concealed Carry: Definitions and History
According to the USCCA, concealed carry typically refers to carrying a handgun in a manner that is not visible during casual observation [1]. It can also include other weapons, such as knives or stun guns. Concealed carriers often use cover garments like jackets, sweaters, or untucked shirts to hide their firearms. Additionally, certain holsters or carry positions, such as ankle holsters or off-body carry, help keep the weapon concealed based on the carrier’s preferences and gear sophistication.
Carrying concealed firearms in America has grown significantly over the past two decades. In the formative years, states generally adhered to English common law, which prohibited the concealing of weapons. Throughout the 19th century, gun control laws continued to be passed
For instance, some states required only the barrel to be concealed, while others mandated the use of a holster without further specification. The late 20th century saw a shift with the rise of the shall-issue era in the 1980s, and today, 27 states allow permitless carry.
Also Read: Arizona CCW Reciprocity
Summary of Colorado Gun Laws
Concealed Carry Permits and Requirements:
Colorado operates as a shall-issue state, where county sheriffs issue concealed carry permits to residents. No purchase permits or firearms registration are required for handguns. For private-party firearm transfers, sellers must have a licensed dealer conduct a background check on the buyer and get approval from the Colorado Bureau of Investigation.
Open Carry Regulations:
Open carry is legal in Colorado for individuals at least 18 years old who can legally possess a firearm, except in Denver County and other designated areas. Local governments can prohibit open carry in specific buildings or areas if they post signs indicating such restrictions.
Concealed Carry:
Concealed carry is legal in Colorado for residents with a Colorado permit to carry a concealed weapon (CCW) and non-residents with a CCW permit from a state that Colorado honors. CCW permits can be issued to any resident at least 21 years old and not prohibited by law from possessing a firearm. Concealed carry permits require a firearms training course that has been state-approved.
Colorado does not issue non-resident permits, except to military personnel stationed in the state and their immediate family members. Reciprocity is granted only to resident CCW permits from states with reciprocal agreements.
Self-Defense Laws:
Colorado follows the Castle Doctrine, allowing individuals to expect absolute safety in their homes. There is no duty to retreat, enabling non-aggressors to stand their ground in self-defense situations.
Use of Physical Force:
- Defense of Property: Reasonable force is justified to prevent theft, criminal mischief, or tampering. Deadly force is permissible only in self-defense or defense of another person.
- Defense of a Person: Reasonable force can be used to defend oneself or others from imminent unlawful physical force. The degree of force must be believed necessary for protection.
- Defense Against Intruders: Any occupant of a dwelling can use physical force, including deadly force, if they reasonably believe someone has unlawfully entered and is committing a crime. This belief must extend to the potential use of force by the intruder.
- Defense of Premises: Property possessors or authorized individuals can use reasonable force to prevent or stop unlawful trespassing. Deadly force is allowed only in self-defense, defense of others, or to prevent first-degree arson.
Immunity:
Occupants using justified physical force, including deadly force, are immune from criminal prosecution and civil liability for injuries or death resulting from such force, provided it complies with state law.
Colorado Concealed Carry Reciprocity: Key Criteria and Guidelines
According to Colorado law (C.R.S. 18-12-213), the state will recognize a valid concealed carry permit issued by another state only if the following conditions are met:
- The issuing state recognizes or honors a Colorado Concealed Handgun Permit (CHP).
- The permit holder is a resident of the issuing state.
- The permit holder possesses a state-issued driver’s license or ID showing residency in the issuing state.
- The permit holder is 21 years of age or older.
- The permit holder is in possession of a valid permit.
Colorado does not recognize concealed carry permits issued by any state to nonresidents of that state. The state law requires that the state of residency of the person and the state of issue of the permit must match, as proven by a valid driver’s license or ID card issued by that same state.
This law also applies to Colorado residents. A Colorado resident may only carry concealed within the state using a Colorado Concealed Handgun Permit (CHP). Colorado residents cannot legally carry concealed in-state using a nonresident permit issued by any other state.
When traveling with a Colorado permit, it is advisable to contact the state you are visiting to confirm reciprocity and review that state’s firearms laws.
Colorado state law grants reciprocal status to other states once they honor Colorado permits, thus establishing reciprocity.
How to Obtain a Concealed Handgun Permit in Colorado
According to PublicSafety, To obtain a permit to carry a concealed weapon in Colorado, you must apply through the Sheriff of your county of residence and meet specific eligibility requirements as outlined in [C.R.S. 18-12-203] [2]. For detailed information on the application process and requirements, consult your local Sheriff’s Department. Once obtained, the permit must be carried along with valid photo identification whenever you have the handgun.
A permit is not required and a handgun is not considered concealed when a person is in a private automobile or other private transportation. [C.R.S. 18-12-105 (2).
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References:
1. https://www.usconcealedcarry.com/blog/what-is-concealed-carry/
2. https://publicsafety.colorado.gov/colorado-gun-laws
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