During a routine traffic stop, a woman and her boyfriend were arrested for possession of methamphetamine. I’m sure the police felt like the arrest was pretty routine until they got to the police station. It was at this point the woman admitted to having a loaded .22-caliber semiautomatic handgun in her possession. Where was this weapon? Let’s just say it was in a very personal place. A female officer performed a search and the firearm was retrieved. It was confirmed that the gun was loaded. Let’s just hope the safety was on.
What is Unlawfully Carrying a Concealed Weapon in Larimer County?
The Colorado law definition of Unlawfully Carrying a Concealed Weapon – C.R.S. 18-12-105 – is:
(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.
While the law doesn’t specify where it is unlawful to carry a concealed weapon, I believe these specific circumstances would be covered by this statute. Now, it is not always illegal to carry a concealed weapon in Larimer, Boulder, and Grand County. There are certain situations where it would be permissible:
- If the person carrying the weapon is in his or her own dwelling or business; or
- If the person carrying the weapon is in a private car or other form of transportation and the weapon is for the protection of property while traveling; or
- If the person carrying the weapon has a valid permit to carry a concealed weapon; or
- If the person carrying the weapon is a police officer and is carrying in conformance of the employment policy; or
- If the person carrying the weapon is a probation or pretrial services officer on duty.
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What is the Penalty / Punishment for Unlawfully Carrying a Concealed Weapon?
As a class 2 misdemeanor, this crime is punishable by:
- 3 to 12 months in the Larimer County Jail
- $250 to $1,000 in fines
If the person caught with the concealed weapon is also a previous offender, an added charge of Possession of a Weapon by a Previous Offender can be added. This is a felony level crime with much harsher penalties. Interestingly, there is case law which indicated that a felon may have a constitutional defense to this charge if he possessed a firearm in his home for personal protection.