Fort Collins Unlawfully Carrying a Concealed Weapon Attorney
What Happens When the Law Creates Contradictions?

A lawmaker may be facing charges after dropping his gun in the Capitol. Read more about the legal contradictions here.

Unlawfully Carrying a Concealed Weapon is charged in Fort Collins and Larimer County when a person is accused of carrying a firearm or knife on their person without legal authority. There are some exceptions to the general language of the statute, but, what happens when things contradict each other? That’s the conundrum the Denver Police and Colorado State Patrol are facing right now. Recently, a Colorado lawmaker tripped in Capitol and dropped his firearm. Now, the general public is not allowed to bring a weapon into the Capitol building, but lawmakers have been given a pass. This incident has brought awareness to the issue and law enforcement are trying to decide if charges will be filed.

Larimer County Unlawful Possession of a Concealed Weapon: What are the Unlawfully Carrying a Concealed Weapon Contradictions in Colorado?

The Larimer County, Colorado law definition of Unlawfully Carrying a Concealed Weapon – Unlawful Possession of Weapons – C.R.S. 18-12-105 – is:

(1) A person commits a class 1 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) Without legal authority, carries, brings, or has in such person’s possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

Now, there are specific situations where, if they apply, the person has a defense to carrying the weapon:

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person’s or another’s person or property while traveling; or

(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or

(d) 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

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

So, it is a defense that you can carry your weapon in your workplace, but what happens when your workplace specifically forbids it? We don’t really know. That’s what the police are trying to decide at this moment. These contradictions make things very complicated when it comes to gun laws.


If you or someone you love has been charged with of Unlawfully Carrying a Concealed Weapon – Unlawful Possession of Weapons, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.

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