Posted on 08/24/2008 3:21:59 PM PDT by marktwain
A Wyoming hunter who accidentally caused a security concern at the Grand Hyatt hotel Saturday said he’s sorry for the problems he caused and didn’t know the Democratic National Convention was in town.
When Joseph Calanchini walked into the Grand Hyatt hotel with 2 rifles and 2 pistols Saturday around 4:00 pm, Denver Police evacuated House Speaker Nancy Pelosi (D-CA) from the hotel until they arrested Calanchini and made sure it was safe for Pelosi to return.
“I didn’t even know the DNC was in town. I don’t watch the news,” said Joseph Calanchini from the Denver City Jail where he’s being held on bond. “If I had known, I would have done things differently. It was a simple mistake.”
Calanchini, who talked to 9Wants to Know from the Denver City Jail, says he had the weapons because he’s getting ready to go on a hunting safari trip in Limpopo Basin, South Africa on August 28. He planned to hunt warthog, impala, baboon and jackals with a friend there.
He says he had just picked up his rifles from the Sportsman’s Warehouse and had them in a locked gun case when he checked in at the Grand Hyatt. The clerk checking him in noticed the rifle case and called security.
“I’m amazed. It’s not like they were illegal weapons, they were all registered to me,” said Calanchini. “It was bad timing.”
Police say Calanchini had permits for the rifles, but did not have concealed permits to carry two pistols that were found in his luggage. Calanchini says he forgot they were in there.
He was charged with unlawfully carry weapons, a misdemeanor. Calanchini is being held on $10,000
Exactly... This doesn't pass even a preliminary smell test...
the infowarrior
I have been trying to figure it out as well. I have not found explicit Colorado law that says that firearms in luggage or a case are not legally “concealed”. Most states have an exception for carrying firearms that way.
In Wisconsin, a man was charged with having a concealed weapon because the pistol was “concealed” in his place of business! That case went all the way to the State supreme court, which ruled that the law did not apply to a persons own private property, otherwise a firearm would be “concealed” when stored in a gun safe.
I don't know what Colorado precedent there might be, but it just seems to be common sense that a pistol in a gun case is not “concealed”.
Colorado law allows a person to possess a handgun in a dwelling, place of business, or automobile. However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, or hotel room, etc.
I guess it depends on what is meant by "about your person". Does that mean in a carried bag? Does that mean he has to enter the hotel with the guns drawn and in this case risk being shot by security detail? What does he do if he has more than two pistols with him? Leave them sitting in plain view in an unattended car while he makes multiple trips?
Here’s the state statute. Unfortunately, looks like he’s guilty as charged once he stepped out of the car. Whether any of the guns were loaded doesn’t appear to matter. Also, there doesn’t appear to be any distinction between the handguns and the long guns. In fact, the definition of “firearm” at CRS 18-1-901 specifically includes rifles and shotguns. I never would have guessed that CO’s gun laws were this problematic.
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person’s possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)
(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person’s or another’s person or property while traveling; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) 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
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.
He's got a strong case that this was his temporary dwelling. You don't have to own the place, renting is fine. When you are camping you are allowed to have a concealed gun as that is your temporary dwelling. The DA should let this one go.
“(a) Carries a knife concealed on or about his or her person;”
Incredible. I had no idea that Colorado had knife laws nearly as strict and stupid as in the U.K.
I find it nearly unbelievable that it is illegal to carry a pocketknife in Colorado, without a concealed carry permit.
To add to what Reeses posted, if you look further at 18-12-105, http://cbi.state.co.us/ic/statutes/18-12-105.htm you will see this little tid bit:
The words “about the person” means sufficiently close to the person to be readily accessible for immediate use. People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).
If the pistols were in the luggage, it could be argued that they were not readily accessible.
Also, what provisions are there for transporting weapons from your car to your home, gunsmith, range or out of a store where you just purchased it to your car?
...
"It has not been a good experience," Calanchini told The Associated Press in a telephone interview. "I know it was poor timing on my part, but I think it was just an overreaction" by police.
...
His arrest didn't ruin his plans. He said he was able to get permission from authorities to make the trip, where he rented a rifle and managed to kill a warthog, an impala, a kudu and a wildebeest.
Good news. It was bogus to start with. He paid for a clerk’s overreaction.
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