The following is a video transcript.
Doug Richards for U.S. LawShield of Colorado. I want to talk to you today about a couple of misconceptions, or myths, related to firearm ownership here in Colorado.
Myth Number One: The Castle Doctrine
The first one is, “if the Castle Doctrine applies at my home, and if my vehicle is an extension of my home, then the Castle Doctrine must apply inside of my vehicle.”
That affirmative defense is only available to incidents that occur inside of your residence. If it happens outside of your residence, even in an attached or detached garage, it would not be applicable. So be very careful if you hear somebody say that the vehicle is an extension of your home, and make sure that you understand where the limits of that myth really are.
Myth Number Two: Signs Prohibiting Firearms
The second myth or misconception is that “firearm signs do not carry the force of law,” and that is true here in Colorado.
If you see one of those signs that say “firearms prohibited,” or it is a picture of a gun with a little red slash through it, in some states, if you violate that by walking into that business or that residence or wherever with your firearm, that is a separate criminal violation. It is actually unlawful in those states to do that.
Here in Colorado, it is not a separate violation. However, if you are caught violating the posted sign, you could be charged with trespass or unlawfully carrying a concealed firearm because the same statute that gives you the authority to carry concealed allows a private property owner to prohibit your concealed carry on their private property.
Beyond those two potential criminal charges, if you are found to be violating these types of signs prohibiting firearms, you could expect the sheriff that issued your CCW would quickly revoke your license.
Myth Number Three: Private Purchase of a Firearm
Now, the third myth or misconception that I hear a lot about is, “if I’m doing a private property transfer, or purchase of a firearm, or private purchase of a firearm, I don’t need to use an FFL,” and that is sometimes true.
It would be true if you are conducting a private transaction between a parent and a child, between siblings, or between spouses. But beyond that circle, you would need to use an FFL and have a background check done.
So, make sure that you follow all of your state and federal regulations when doing those transfers. And if you have any questions about that or anything else we have discussed in any other videos, feel free to give me a call at my office. I’m always happy to talk to U.S. LawShield members.
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