§ 16-2.5-101 — Peace officer - description - general authority

Colorado § 16-2.5-101

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Peace Officers

Text

(1) A person who
is included within the provisions of this article and who meets all standards imposed
by law on a peace officer is a peace officer, and, notwithstanding any other
provision of law, no person other than a person designated in this article is a peace
officer. A peace officer may be certified by the peace officers standards and
training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum,
has the authority to enforce all laws of the state of Colorado while acting within the
scope of his or her authority and in the performance of his or her duties, unless
otherwise limited within this part 1.

(2) (a) A peace officer certified by the peace officers standards and training
board shall have the authority to carry firearms at all times, concealed or otherwise,
subject to the written firearms policy created by the agency employing the peace
officer. All other peace officers shall have the authority to carry firearms,
concealed or otherwise, while engaged in the performance of their duties or as
otherwise authorized by the written policy of the agency employing the officer.

(b) (I) A law enforcement agency may amend its written firearms policy, or
use an existing policy, authorizing the possession of a firearm by an eligible
immigrant, as defined in section 24-31-320 (2). A firearms policy must comply with
any federal law or regulation promulgated by the United States department of
justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor
agency, governing possession of a firearm and any related exceptions.

(II) An eligible immigrant may enroll in a training academy, as defined in
section 24-31-301 (6), if the eligible immigrant is employed by a law enforcement
agency and the agency's written firearms policy authorizes the eligible immigrant
to possess and use a firearm at the academy, and permits transporting, storing,
cleaning, and maintaining the firearm outside of instructional hours, as appropriate.

(III) The law enforcement agency that employs the eligible immigrant shall
notify the P.O.S.T. board, in a manner determined by board rule pursuant to section
24-31-320 (1), that the eligible immigrant is compliant with the agency's written
firearms policy while attending a training academy.

(3) As used in every statute, unless the context otherwise requires, law
enforcement officer means a peace officer.

Legislative History

Source: L. 2003: Entire article added, p. 1605, � 2, effective August 6. L. 2006: (1) amended, p. 27, � 1, effective July 1, 2007. L. 2023: (2) amended, (HB 23-1143), ch. 121, p. 451, � 2, effective August 7.