Section 18-12-105.5 - Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds - definition(1)(a) A person shall not knowingly and unlawfully and without legal authority carry, bring, or have in the person's possession a deadly weapon as defined in section 18-1-901 (3)(e) that is not a firearm 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 require the use of a deadly weapon that is not a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.(a.5) A person shall not knowingly carry a firearm, either openly or concealed, in or on the real estate and all improvements erected thereon of any licensed child care center; 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 require the use of a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.(b)(I) A person who violates subsection (1)(a) of this section commits a class 6 felony if the weapon involved is a deadly weapon other than a firearm, as defined in section 18-1-901.(II) A person who violates subsection (1)(a.5) of this section commits a class 1 misdemeanor.(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)(3) It is not an offense under this section if:(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or(d.5) The weapon involved was a handgun, the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12, and the person is carrying the concealed handgun:(I) On the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school in accordance with the authority granted pursuant to section 18-12-214 (3); or(II) In a parking area of a licensed child care center or a public or private college, university, or seminary; or(e) The person is a school resource officer, as defined in section 22-32-109.1 (1) (g.5), C.R.S., or a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)(h) The person has possession of the weapon for use in an educational program approved by a school, which program includes, but is not limited to, any course designed for the repair or maintenance of weapons; or(i) The weapon involved is a firearm; the person carrying the firearm is employed or retained as security personnel by a licensed child care center or a public or private college, university, or seminary; and the person is carrying the firearm while engaged in the person's official duties as security personnel; or(j) A licensed child care center is on the same real estate as another building or improvement that is not a school and that is open to the public and the person is carrying a firearm on an area of real estate or any improvement thereon that is not designated as a licensed child care center.(4) As used in this section, unless the context otherwise requires, "licensed child care center" means a child care center, as defined in section 26.5-5-303 (3), that is licensed by the department of early childhood or is exempt from licensing pursuant to section 26.5-5-304 (1)(b), and that operates with stated educational purposes. "Licensed child care center" does not include a family child care home, as defined in section 26.5-5-303 (7).Amended by 2024 Ch. 301,§ 3, eff. 7/1/2024, app. to offenses committed on or after 7/1/2024.Amended by 2023 Ch. 298,§ 46, eff. 10/1/2023.Amended by 2013 Ch. 253, § 2, eff. 5/23/2013.L. 93: Entire section added, p. 965, § 2, effective July 1. L. 94:(1) and (2) amended, p. 1721, § 19, effective July 1. L. 2000:Entire section amended, p. 709, § 45, effective July 1. L. 2003:(3)(d) amended and (3)(d.5) added, p. 649, § 4, effective May 17; (3)(e), (3)(f), and (3)(g) amended, p. 1626, § 51, effective August 6. L. 2013:(3)(e) amended,(SB 13-138), ch. 253, p. 1341, § 2, effective May 23. L. 2023:(1) amended,(HB 23-1293), ch. 298, p. 1792, § 46, effective October 1.Section 7 of chapter 301 (SB 24-131), Session Laws of Colorado 2024, provides that the act changing this section applies to offenses committed on or after July 1, 2024.
For the legislative declaration in the 2013 act amending subsection (3)(e), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in SB 24-131, see section 1 of chapter 301, Session Laws of Colorado 2024.