18-12-114.5. Secure firearm storage in a vehicle - penalty - definition

18-12-114.5. Secure firearm storage in a vehicle - penalty - definition. [Editor's note: This section is effective January 1, 2025.] (1) (a) A person shall not knowingly leave a handgun in an unattended vehicle unless the handgun is in a locked hard-sided container that is placed out of plain view, including a locked container that is permanently affixed to the vehicle's interior, and the container is in any of the following:

(I) A locked vehicle;

(II) The locked trunk of a locked vehicle; or

(III) A locked recreational vehicle, as defined in section 24-32-902.

(b) A person shall not knowingly leave a firearm that is not a handgun in an unattended vehicle unless the firearm is in a locked hard-sided or locked soft-sided container, including a locked container that is permanently affixed to the vehicle's interior, and the container is in any of the following:

(I) A locked vehicle;

(II) The locked trunk of a locked vehicle; or

(III) A locked recreational vehicle, as defined in section 24-32-902.

(c) A firearm that is not a handgun that is stored in a soft-sided container must have a locking device installed on the firearm while the firearm is stored in the soft-sided container.

(d) For the purposes of this subsection (1), a locked glove compartment or the locked center console of a vehicle is a locked hard-sided container.

(2) A person who violates subsection (1) of this section commits unlawful storage of a firearm in a vehicle. Unlawful storage of a firearm in a vehicle is a civil infraction.

(3) This section does not apply to:

(a) Storing an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended;

(b) Storing a firearm that is a not a handgun in a vehicle that is being used for farm or ranch operations that is on the person's private farm or ranch, including a leased farm or ranch. As used in this subsection (3)(b), "farm" and "ranch" have the same meanings as set forth in section 39-1-102.

(c) A person who lives in a vehicle or in a recreational vehicle, as defined in section 24-32-902, in which the firearm is stored. A person who lives in a vehicle or recreational vehicle must store firearms in the vehicle or recreational vehicle in accordance with the storage requirement described in section 18-12-114.

(d) A peace officer;

(e) A person who holds a valid resident or out-of-state hunting license who is engaged in lawful hunting activities;

(f) A person engaged in the instruction of hunter education courses and outreach offered by the division of parks and wildlife; and

(g) An active member of the United States armed forces while on duty.

(4) Notwithstanding the requirement in subsection (1) of this section to store a firearm in a locked hard-sided container, a person who is considered to have a disability, as defined in 42 U.S.C. sec. 12102, who stores a firearm in a locked soft-sided container does not violate this section with respect to the storage of the firearm that is in the locked soft-sided container.

(5) As used in this section, unless the context otherwise requires, "vehicle" has the same meaning as set forth in section 42-1-102.