Can I Keep a Loaded Rifle in My Car
CRS 33-6-125 is the Colorado law that prohibits driving with a loaded rifle or shotgun. Possessing a loaded long gun in a motor vehicle is a misdemeanor, carrying a $100 fine and 15 DMV points. It is legal in Colorado to have a loaded handgun in a vehicle.
CRS 33-6-125 states:
It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person's control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of fifteen license suspension points.
In this article, our Colorado criminal defense attorneys discuss:
- 1. Can I carry a loaded gun in my car?
- 2. How long do you go to jail for a loaded gun in your vehicle?
- 3. Can police officers search my gun at a traffic stop?
- 4. Can you have a loaded handgun in your vehicle in Colorado?
- 5. Do I need a CCW to carry a gun in my car?
- 6. Can I open carry a loaded gun in Colorado?
1. Can I carry a loaded gun in my car?
CRS 33-6-125 prohibits driving in Colorado with loaded long guns, such as shotguns and rifles. It is legal to drive with a loaded pistol or revolver. It does not matter whether the gun carrier has a CCW state permit or not.
A "muzzle-loader" is considered unloaded if it is not primed. "Primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan.
Note that law enforcement officers may drive while in possession of a loaded firearm if authorized.1
Also note that it is never legal to drive with a dangerous weapon (CRS 18-12-102), whether loaded or unloaded. Dangerous weapons include:
- Short shotguns,
- Short rifles, and
- Machine guns2
2. How long do you go to jail for a loaded gun in your vehicle?
There is no jail. It is a Colorado misdemeanor to drive with a loaded shotgun or rifle. The punishment is a $100 fine and 15 license suspension points. This will result in the DMV suspending the person's license for six months to one year.3
3. Can police officers search my gun at a traffic stop?
Yes. Law enforcement agency officers may inspect the chamber of any rifle or shotgun in a motor vehicle to make sure it is unloaded. The driver or gun possessor must permit the police to inspect the gun.4
4. Can you have a loaded handgun in your vehicle in Colorado?
Yes. Colorado state law permits people to have loaded pistols and revolvers in a vehicle. A CCW Colorado permit is not necessary for vehicle carry.5
5. Do I need a CCW to carry a gun in my car?
People in Colorado do not need a concealed carry permit to carry a loaded or unloaded handgun in a private automobile. Handguns are not considered "concealed weapons" if either:
- The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense for lawful protection; or
- The handgun is in the possession of a person who is legally engaged in hunting activities within the state.6
Note that it is unlawful to operate a snowmobile with a long gun unless it is both unloaded and enclosed in a carrying case or inserted in a scabbard .7
6. Can I open carry a loaded gun in Colorado?
Yes, the open carrying of firearms that are loaded is legal in Colorado as long as the carrier is permitted to possess guns under state and federal law.8
Note that local governments and municipalities in all areas of the state may enact laws that prohibit guns in specific buildings or areas. So always check local laws before carrying a gun, especially in public buildings.
Also note that people under 18 years of age cannot carry a handgun (with rare exceptions).9
See our related articles on background checks by the Colorado Bureau of Investigation, open carry laws, concealed handgun permit reciprocity for non-residents to carry concealed firearms (Colorado is a shall issue state), and Colorado gun laws (including assault weapons).
Legal References
Can I Keep a Loaded Rifle in My Car
Source: https://www.shouselaw.com/co/defense/gun-laws/loaded-firearm-in-vehicle/