Colorado: ‘No Guns Allowed’ Signs
What do you do if you are about to enter a business and notice a sign that says something to the effect, “Guns Not Welcome Here?”
Is your CCW no longer valid in that location?
Can your Colorado Concealed Carry Permit be taken away if you don’t happen to see the sign?
Does that sign written on a paper towel carry the weight of the law?
So, what if you choose to ignore the sign, or, because of where and how it is placed, missed it altogether? Are you in danger of legal problems if you carry concealed in that business?
The short answer is, yes, you are in danger of legal problems. But, as expected when dealing with the law, the long answer gets more complicated.
First, there are no clearly defined Colorado laws that focus on the legality of signs notifying customers that firearms are not welcome.
This is where things get tricky. Since there is no Colorado law that specifically states it is a crime to ignore a business’s “No Guns Allowed” sign, an unwanted armed citizen could, technically, be brought up on charges of trespassing.
Trespass is a crime committed when one person enters the property of another person uninvited and unwanted. Normally, this is pretty cut and dry. In the case of a private residence, it is assumed you are uninvited and unwanted on the property unless there is permission granted by the owner.
But the rules are different for businesses. You don’t need express permission to be there.
Since it’s assumed a Colorado business wants you on their property in order to spend money, the law doesn’t require permission to be gained before walking through the door.
However, if the business does not support the Second Amendment, and your gun comes to the attention of the owner or someone granted the authority, you may be asked to leave the premises.
Failing to leave after being asked means risking a 3rd degree criminal trespass charge.
According to Timothy J. Priebe, an attorney licensed to practice law in both Colorado and California,
“If you are found guilty of a third-degree trespass, you have committed a class 1 petty offense. This is below a level of a misdemeanor crime. However, with any criminal charge there is a chance that you will lose your firearm in the process.” (Handgunlaw.us)
So, can you lose your CCW permit if you fail to pay attention to a sign? No, it doesn’t appear so. But you could lose your gun and risking the hassle of a trespass charge should encourage us to vote with our wallets and take our business elsewhere.
Note: This is article is not intended to be taken as legal advice, but a warning of the possible problems associated with carrying a firearm on the property of a business that doesn’t allow it. Please talk with a qualified attorney for proper legal direction.
How does this work when the business is a cannabis dispensary. They have a governing body (M.E.D) that prohibits weapons of any kind on the property of any dispensary.
There are plenty armed guards at dispensaries. A cannabis business is like any other business, they can hire armed security or not. They can prohibit customers from having guns or not.
Colorado law is very specific here, a sign means nothing!! They have to have a guard and permanent metal detector at every entrance in order to prohibit concealed carry firearms!! Has nothing to do with trespassing unless they ask you to leave.
Carl the reference to metal detectors is only specified in state statute when referring to government-owned buildings. IE city, county, and state government buildings. There is no reference in state law at all that specifies what a private property owner must do to communicate a prohibition on their property. I’m not disagreeing with your general sentiment or point, but wanted to clarify that you are applying a specific legal reference more broadly that it is written.
Jacob, can you point me to the state statute? I would really like to know where this is defined as my city/county is trying to prohibit concealed carry in their buildings.
See section 4: https://casetext.com/statute/colorado-revised-statutes/title-18-criminal-code/article-12-offenses-relating-to-firearms-and-weapons/part-2-permits-to-carry-concealed-handguns/section-18-12-214-authority-granted-by-permit-carrying-restrictions-local-authority
The General Argument here comes down to “you can’t tell me what to do!” That’s where the dissention is incorrect. On my property, you are either invited (a Guest), a resident, or a trespasser. My 4th Amendment rights to be secure on my property trump your right to carry on my property. The Second Amendment says “keep and bear” not “don’t tell me no!”
If you are carrying a firearm, be an adult, respect private property, and the wishes of those property owners and tax payers.
Does the signage have to be posted at every entrance to be considered a gun free zone?
Easy answer. See sign, turn around and walk away. If the business doesn’t support your constitutional rights, they don’t deserve your business. Shop at a store that values the constitution.