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Legal Blog 2012 November All About Gun Laws in Colorado
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All About Gun Laws in Colorado

Posted By The Samuelson Law Firm || 21-Nov-2012

If you are a Colorado resident, then it is important that you take note of the new gun laws that have affected every resident in the state. On July 20th, 2012, tragedy struck in Aurora, Colorado when a man wearing a gas mask walked into a midnight showing of "Batman: The Dark Knight Rises" and began shooting at the audience. The attack killed 12 and injured 58 in the cinema that night. The suspect, James Holmes, has been arrested and will be tried for the assault and murders. He faces a potential life sentence. Seventy people were shot in the attack, making this the largest mass shooting in the United States and the largest massacre in Colorado since the Columbine High School massacre in 1999.

Tightening of Gun Laws in Colorado

As a result of the tragic accident, the Colorado government chose to tighten gun laws in hopes of preventing another attack. Colorado has always had a broad support for Second Amendment rights, and has been dedicated to allowing citizens to carry guns. Yet between the tragedies of the Aurora cinema and the Columbine High School, the lawmakers have observed the need to make some restrictions. Now, there are strict regulations that must be followed when a Colorado gun show is hosted, and there are laws regulating the people’s ability to carry concealed weapons in the state. As well, “straw purchases” are no longer allowed in the state. These are purchases where a gun is covertly dealt to a person who would not qualify to buy it legitimately.

Any man or woman who has been convicted of a violent crime or has a criminal record is not permitted to own firearms. Despite tightening the laws, Colorado still has one of the more relaxed gun regulation policies in the state. For example, people in Colorado are still allowed to carry firearms in a vehicle as long as the gun is intended for a lawful use. The New York Times writes that it is legal to carry a concealed weapon in Colorado if the person carrying the weapon has a permit. Colorado is one of the states that allows many residents to get permits without serious restrictions. The National Conference of State Legislatures declares that Colorado is one of the 38 “shall issue” states, which means that if a person complies with certain requirements then the state is compelled to issue that applicant a permit. The state cannot distinguish whether or not a person qualifies based on their mannerisms or suspicious behavior.

Typically, some of the reasons that a person may be denied a permit are diagnosed mental illness, or a felony conviction. As well, if there is a restraining order against the applicant, chances are that his or her request for a permit may be denied. A Colorado State Senate Bill reads that all applicants who want a concealed weapons permit must be a legal resident of the state of Colorado and at least 21 years of age. As well, the applicant must prove that he or she is not an alcoholic and has not been convicted of perjury. He or she must prove that he or she is not an unlawful user of addictive or controlled substances If a person has a previous past with alcohol or drugs he or she can receive an affidavit signed by a rehab counselor in order to qualify for a permit. An applicant must prove that he or she is not under any type of restraining order and can demonstrate competence with a handgun. This is one of the most relaxed “may issue” statutes in the United States.

Organizations such as the Brady Campaign to Prevent Gun Violence have tried to champion for tighter gun regulations, but Colorado seems to be keeping most of their laws in place. Still, with the recent massacre, the gun laws that are already existing may be enforced more readily than before. Colorado citizens currently don’t have to have a permit to purchase, register, license, or carry a rifle or shotgun, and handguns can be owned and operated without a permit as long as they are not concealed. Colorado law states that handguns are not considered concealed if they are in possession of a person who is in a private automobile. Also, all peace officers have the right to carry a concealed handgun. So do probation officers and law enforcement officers.

All gun owners in the state of Colorado need to attend a hunter’s safety course or a firearms safety course and must travel with their handguns unloaded to and from activities. Juvenile gun owners must have permission from their guardian or parent in order to possess a gun. Colorado also has some gun laws that are important to note, as they are exceptions to the typical rules. It is unlawful to have any firearm either than a handgun in a motor vehicle unless the chamber is disabled. This is because in the event of a crash, the gun could go off and seriously injure someone. As well, firearms must be unloaded and placed in a scabbard if they are going to be carried on a snowmobile. Also, residents are not permitted to shoot any firearm while in an airplane or a moving vehicle.

It is illegal to possess any firearm while under the influence of alcohol or drugs. If a gun does not have a serial number, then it is an illegal firearm and the owner can be arrested. If you have been arrested for any sort of weapons crime in Colorado, then you need the help of an accomplished attorney to come to your aid. At The Samuelson Law Firm Mr. Samuelson is dedicated to helping you when you are caught in one of these crimes. As a member of the Colorado Bar Association, American Bar Association, and National Association of Criminal Defense Lawyers, Mr. Samuelson has been recognized by others who have seen his work.

If you want to learn more about The Samuelson Law Firm, you can check out the firm on Facebook, or visit them on Google+. They have both a business page and an attorney page on their site, which you can explore to learn more about the firm and the practice areas that they specialize in. As well, if you want to follow us on Twitter you will get frequent updates about the many different law cases and litigation breakthroughs in the state. You can also contact the firm by calling (729) 941-1127 or filling out our free case evaluation form. We will look at your e-mail and deduce your case to develop the best defense strategy. After that we will contact you and discuss your options. A lot of people hire the first attorney that they stumble upon to work on their case, or use a court appointed attorney to save on expenses. If you are charged with a weapons crime, then you need to hire a Colorado criminal defense attorney that you can trust. Mr. Samuelson can help you by advocating in your stead in court. Talk to him today for more information!

Categories: Gun Laws, Weapons Crimes

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