• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Possession of unloaded gun in parked car while intoxicated in Colorado

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
casting stones...numerous statements on this forum about violating business operators rights about CC'g, sometimes, i think you stated sloppily, and as recently as seven days agao quote: When I am just visiting someone, I have no qualms OCing despite the gun buster signs...unquote.

post 3 from http://forum.opencarry.org/forums/showthread.php?132837-Surgery-(off-topic)

ipse
Yet he neither breaks the law nor advocates doing so.

The last full sentence of your quote should read:
"When I am just visiting someone, I have no qualms OCing despite the gun buster signs on local hospitals since in my State the signs have no legal effect and carrying is perfectly legal."
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
What should someone expect from a summons for Prohibited Use of Weapons in Colorado. The gun was unloaded but the person was intoxicated and sitting in a car parked at his home. Also, the gun was not concealed.

A person commits the crime of prohibited use of a weapon, C.R.S. § 18-12-106, if the person a) knowingly aims a firearm at another, b) recklessly or negligently discharges a firearm, c) knowingly sets a loaded gun, trap or explosive device and leaves it improperly attended, d) possesses a firearm while under the influence of alcohol or a controlled substance, or e) knowingly aims, swings or throws a nunchaku or throwing star. CRS Sec. 18-12-107 :This offense is a class 2 misdemeanor. A person who has been convicted of a second offense in five years is guilty of a class 5 felony.


Can't really say because the statue has incremental degrees of penalties. Sounds like subsection (d) is at play.

Gun not loaded does not equal ammo not in possession .... so can't say anything further on that.

The state has to prove all the elements of the offense...clearly having a device that can shoot a projectile (ie firearm) is one and he was under the influence of something is the second.

Since its a misdemeanor, a judge might give him the opportunity to enter some type of entry into a diversion program, if one is available.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Yet he neither breaks the law nor advocates doing so.

The last full sentence of your quote should read:
"When I am just visiting someone, I have no qualms OCing despite the gun buster signs on local hospitals since in my State the signs have no legal effect and carrying is perfectly legal."

graciously stated, grape...

however, the comment was directed towards a member who was chastising another member for violating this forum's policy, a private business entity.

my statement clearly states the member shouldn't cast stones about 'violating business owners rights' and provided as an example as well as a recent cite showing their own continuing outspoken banter of blatant disregard of private business owner's rights and their establishment of patron restrictions to enter.

not being a lawyer, i am not qualified to adjudicate about the legality of such civil discourse towards a property owner or the property owner's recourse towards such individuals.

Grape, et al., i am sorry for not being clearer about the point i was making and will assure to attempt to provide better clarity in future postings.

ipse
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
So if your intoxicated and someone bust into your house or comes on your property endangering you or family members lives you can't because your intoxicated?
Here ya go...for Okies.

§21-1289.9. Carrying weapons under influence of alcohol.

CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.

Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

Added by Laws 1971, c. 159, § 9, emerg. eff. May 24, 1971. Amended by Laws 1995, c. 272, § 47, eff. Sept. 1, 1995; Laws 2001, c. 396, § 3, eff. July 1, 2001; Laws 2012, c. 259, § 14, eff. Nov. 1, 2012.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69765
It does not appear that there is a exemption for self defense in the home, may be, I can not find it. A Okie may know the answer. Talk to a lawyer.

Welcome and good luck.
 

Kwaynem

Regular Member
Joined
Apr 9, 2016
Messages
16
Location
Pawhuska Oklahoma
Thanks

And like I said I was just curious about it the thought never crossed my mind till this thread and I wasn't aware I was "trolling" no intentions of doing such I'll just read instead of posting
 

lukaszu

Regular Member
Joined
Aug 5, 2012
Messages
73
Location
Brighton
Looks like

And like I said I was just curious about it the thought never crossed my mind till this thread and I wasn't aware I was "trolling" no intentions of doing such I'll just read instead of posting
All of yall got trolled by a drive by poster.
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
however, the comment was directed towards a member who was chastising another member for violating this forum's policy, a private business entity.

my statement clearly states the member shouldn't cast stones about 'violating business owners rights' and provided as an example as well as a recent cite showing their own continuing outspoken banter of blatant disregard of private business owner's rights and their establishment of patron restrictions to enter.

And yet you remain mute about the large number of members who are quite vocal about violating private business owners' rights to set policies regarding receipt checks. You remain mute about Grapeshot's outspoken violation of "No Gun" policies at some private businesses.

You are trolling me over an issue that is none of your business nor concern.

You should stop that.

Charles
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
And yet you remain mute about the large number of members who are quite vocal about violating private business owners' rights to set policies regarding receipt checks. You remain mute about Grapeshot's outspoken violation of "No Gun" policies at some private businesses.

You are trolling me over an issue that is none of your business nor concern.

You should stop that.

Charles

there you go mate, casting those stones while making wild accusations...you should follow your own advice, quote: You should stop that.unqote

ipse

tis truly sad to watch the demise...
 
Top