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Tricked into a Halloween Nightmare | Colorado

The following is a video transcript.

Doug Richards here for U.S. LawShield of Colorado. I want to speak to you today about carrying your concealed firearm while trick-or-treating.

What is the Law?

First, there is no law that either permits you or prohibits you from carrying while you are trick-or-treating. So, let’s think about all the other things you should be considering. If you are going to be carrying concealed, you must have a valid driver’s license and your CCW on you. So, if you’re going to go in costume and carry concealed, make sure you have a place to keep your IDs with you. If you’re stopped by a police officer or any member of law enforcement, you’ll need to identify yourself. Show them your valid CCW and allow them to disarm you if they decide to during the contact.

Stay Away From Alcohol

Next, drinking and carrying concealed is a recipe for a criminal charge. Some people think, “Well, I’m not at a 0.08” or “I’m not at the DUI standard.” That doesn’t matter because that’s only relevant to driving, and not to carrying a firearm. There is no presumptive limit for alcohol consumption as it relates to carrying a firearm like there is for driving. So, if a police officer can articulate any reason to believe you are impaired, to any degree at all, you could see a case against you. Those are very difficult to defeat. All the police officer has to say is, “I smelled alcohol on his or her breath and they seemed a little bit out of sorts.” That’s enough for you to be convicted on that offense. So, don’t put yourself in that situation by carrying a firearm if you are drinking any alcohol.

Carrying in Schools

If you are carrying concealed and you decide to go to a Halloween festival or an event at your child’s school, remember the laws related to carrying at a school. We’ve spoken about these on many other occasions, so please refer to those videos for the specifics on that. You cannot carry concealed inside of a public school, so make sure you do not enter those grounds carrying concealed, even if you’re going after-hours or during an evening Halloween event.

Carrying in churches

Churches are also sometimes considered a school zone. So, if you are going into a church that also acts as a school, be sure you are not carrying a firearm, or if you are, make sure you understand the exceptions, which allow somebody to carry concealed within a church or a religious institution as a member of a security team.

As always, if you have any questions about this or anything else, please call U.S. LawShield and ask to speak to your Independent Program Attorney. I’m always happy to speak to U.S. LawShield members.

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