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Unlawfully Carrying a Weapon on School Grounds in Denver | A Father’s Unlucky Arrest

Posted by Unknown | Oct 23, 2015 | 0 Comments

As parents, we want to be there for our kids. That was all one father wanted when he attended a high school football game, where his daughter was a cheerleader. He probably didn't expect that attending the game would lead to criminal charges against him. According to a news story, the father brought a gun with him into the stadium, which was on the school's campus. He didn't think it would be a big deal because there was no sign prohibiting bringing a gun inside. He also had his concealed handgun license. However, once inside the stadium, someone noticed the gun when it fell out of his back pocket. He was unlawfully carrying a weapon on school grounds, and soon enough, police arrested him. He's now facing charges for unlawfully carrying a weapon on school grounds.

Facing charges for unlawfully carrying a weapon on school grounds?

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What is Unlawfully Carrying a Weapon on School Grounds in Douglas County?

Unlawfully Carrying a Weapon on School Grounds can be charged under different circumstances. According to C.R.S. 18-12-105.5, a person commits a class 6 felony in Douglas County and Arapahoe County if:

“Such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901(3)(e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that requires the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.”

The man in this news story faces charges for knowingly and unlawfully and without legal authority carrying a handgun in his back pocket into a high school football stadium, a gun-free zone that was on a high school's property.

When is it Lawful to Carry a Weapon in Colorado?

It's lawful to carry a concealed weapon on a school campus under specific circumstances found under C.R.S. 18-12-105.5(3). Men and women can lawfully carry a weapon on campus in Jefferson and Adams County, and across Colorado if:

  1. Their weapon is unloaded and remains inside a motor vehicle while on real estate of any public or private college, university, or seminary
  2. They're in their own home, business or on their own property
  3. They're carrying the weapon for lawful protection in a private automobile or other private transportation
  4. They had a valid written permit to carry the concealed weapon lawfully at the time of carrying the weapon*
  5. Their weapon was a handgun and they had a valid permit to carry a concealed handgun or temporary emergency permit*
  6. They're a school resource officer or peace officer when carrying a weapon under policy of the employing agency
  7. They're using the weapon for an educational program approved by a school which program includes, but isn't limited to, any course for the repair / maintenance of weapons

According to C.R.S. 18-12-214(3), a permit doesn't authorize someone to carry a concealed handgun onto real property of a public elementary, middle, junior high, or high school, unless:

The handgun remains in that person's vehicle or in a compartment within the vehicle and the vehicle is locked

That person is a school security officer on duty

That person is on undeveloped real property owned by a school district that's used for hunting or other shooting sports

Although the father had a permit to carry his handgun, he was on real property of a high school, so his permit wouldn't prevent criminal charges from being filed. He was still unlawfully carrying a weapon on school grounds. There are other people who face charges for unlawfully carrying a weapon on school grounds for not knowing the rules surrounding concealed weapon carrying. Now you do. It's always best to consult an experienced criminal defense lawyer if facing any criminal charges for unlawfully carrying a weapon on school grounds in Colorado.

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If you or a loved one has been charged with unlawfully carrying or possessing a weapon on school grounds in Denver or Arapahoe County, be smart, exercise your right to remain silent, and call the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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