November 1, 2016 at 10:42 am #92931
I work @ a church which a school leases space from. The church has no policy on carrying. Throughout my time there is cross into the school area. I am not sure if the school has a policy on CC.
Question: Can I legally carry in the church and the school? Or would I have to remove the handgun prior?
Let me know if you need more information to further understand.
Firestone, ColoradoNovember 1, 2016 at 3:22 pm #93043
Matt is the school a public school or a private school? Knowing the answer I'll give you a detailed response!November 2, 2016 at 8:31 am #93270
Matt in Colorado the statute in question is 18.12.105. The relevant section says:
A permit issued pursuant to this part 2 does NOT authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school;
There are three exceptions which summarized are:
1 If the gun remains in your vehicle
2 If you are employed or retained by contract by a school district as a school security officer
3 If you are on undeveloped real property owned by a school that is used for hunting or other shooting sports
So in the case of Charter schools I'm not aware of any case law or court precedents that clearly in this application suggest that a Charter school is or is not a “public” school. In the past I've made a study of this question and have come to the conclusion that in a court of law a charter school would most likely be considered a public school for the purposes of this statute since anyone can attend and the school receives public tax dollars for support.
The other relevant question, in your specific question is if the church property where the school operates could be considered “the real property of any public …”
In response to that I would say it probably would not apply since the church is Private property HOWEVER…
With all of that said my attorney has told me that he is aware of cases in the past here in Colorado where the court has interpreted this situation to qualify as a public school despite the school being operated in a private building or on private property. He did tell me that in the eyes of the court there is likely a significant difference based on day/time; meaning that outside of regular school hours the permittee is most likely ok carrying given that at that time the property is only operating as a church.
So, as you probably knew, your question doesn't have a very defined answer because the statute isn't clear on this instance and there isn't enough case law at a high enough level to accurately predict how it would be interpreted in the future.November 8, 2016 at 1:28 am #95002
Just FYI, In California you absolutely can not carry in or around ANY school regardless if school is in session or on a weekend or whenever. In fact a CCW permit holder can't carry within 1000 feet of a school. I know this info doesn't apply to you in Colorado but I just thought I'd share another challenge we face in the Golden State. =D
JerryNovember 13, 2016 at 3:17 am #99065
Thank you Jerry.
I do appreciate the information.
MattNovember 17, 2016 at 9:28 pm #102063
A Follow up!!!
The School is a Private school which I talked to the Principle who stated that they do not have any guidelines in writing. She went on to say that if one of her teachers is carrying she just wants to know.
She also stated that she grew up around guns. Her father is a gunsmith. What a surprise. So….I will be carrying once I get my holster situation fixed. 🙂November 18, 2016 at 9:34 am #102233
Awesome! I love happy surprises 🙂
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