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centsi
Member
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Posted: Fri Sep 12th, 2008 07:02 pm |
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thorvaldr wroI absolutely agree that what you say is true. Someone FROM Boulder, Parker, Pueblo and Breckenridge needs to go through the legal stuff to convince the LEA and DA's from these jurisdictions that what you say is true. But I don't expect Tomahawk to want to fight our battles for us.
What prohibitions do Parker, Pueblo and Breck have? It's not that "brandishing" BS is it?
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Flyer22
Member
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Posted: Fri Sep 12th, 2008 08:03 pm |
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Tomahawk wrote: I checked out the RMGO FAQ http://rmgo.org/faq/#Permit%20laws and it seems to me that CO's disorderly conduct and menacing laws are kind of scary.
I plan on heading out to CO in a couple of weeks to do some hiking in the Buena Vista area in San Isabel National Forest. Since states set the rules for NF land, and since I don't any restrictions in the FAQ or the code, I'm thinking NF is cool for OC. Am I correct?
I also understand my Virginia CHP permit is worthless in CO, so it looks like it's OC or No C. When not OC'ing in a pickup truck, is unloaded and locked in a metal box good?
Also, if I'm reaing correctly, OC in a vehicle is legal only if unchambered. Correct?
Thanks for your help, folks. Traveling is always easier when they accept your permit.
Hope this helps you out.
Colorado Constitution
Article II (Bill of Rights)
Section 13
Right to bear arms
The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
CRS 33-6-125 (emphasis added)
It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 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, for such purpose, "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 fifty dollars and an assessment of fifteen license suspension points.
Last edited on Fri Sep 12th, 2008 08:05 pm by Flyer22
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thorvaldr
Member
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Posted: Fri Sep 12th, 2008 08:16 pm |
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centsi wrote: thorvaldr wroI absolutely agree that what you say is true. Someone FROM Boulder, Parker, Pueblo and Breckenridge needs to go through the legal stuff to convince the LEA and DA's from these jurisdictions that what you say is true. But I don't expect Tomahawk to want to fight our battles for us.
What prohibitions do Parker, Pueblo and Breck have? It's not that "brandishing" BS is it?
Pueblo: Isn't a big deal. It's just for public buildings and posted private buildings and places that sell alcohol.
Boulder: Unloaded OC just like Cali (imagine that).
Parker: Not as bad as I thought. They have a law against carrying where alcohol is sold but their brandishing law says "in a manner calculated to alarm". BTW I am glad Fort Collins doesn't have a 811 page city code.
Breckenridge: Where alcohol is sold and a bunch of specifically referenced public buildings, parks, and open spaces.
Overall, not as bad as I thought. I had just memorized these places as having a problem with OC and since I never go to any of them (except unfortunately Boulder) I hadn't taken the time to wade through the legalese and see what the problem really was.
IANAL and don't think I'm an expert. I looked these up on the links from RMGO.
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colorado slick
Member
| Joined: | Sat Oct 13th, 2007 |
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| Posts: | 43 |
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Posted: Fri Sep 12th, 2008 08:25 pm |
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entartet17 wrote: colorado slick wrote Foggy, that's true if you have a permit. Otherwise, no it isn't. Colorado I have to agree that state preemption covers OC. The law only says that municipalities can restrict OC in certain areas and that it must be posted. So (except for Denver) there are no citywide OC bans. The law forbids it.
Foggy, that's right.
Colorado
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centsi
Member
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Posted: Fri Sep 12th, 2008 09:21 pm |
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Breckenridge's regulation 6-3E-5 (http://www.townofbreckenridge.com/documents/towncode/06-03E.TXT.pdf) was obviously written before the new State CC laws when we had the alcohol caveat. It is also unenforceable as per CRS 29-11.7-103. The Town can prohibit OC only in accordance with CRS 29-11.7-104, i.e. at every public entrance on town property only.
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Tomahawk
Member
| Joined: | Sun Oct 1st, 2006 |
| Location: | Northern VA |
| Posts: | 3450 |
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Offline
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Posted: Fri Sep 12th, 2008 10:18 pm |
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| Appreciate your help, guys. Looks like I should be okay in my vehicle and in the woods, I just don't want to spend my vacation time being an activist and having to explain to my boss why I have to go to court halfway across the continent.
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reefteach
Member
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Posted: Sat Sep 13th, 2008 08:52 pm |
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thorvaldr wrote:
Boulder: Unloaded OC just like Cali (imagine that).
Chek out this thread,
http://opencarry.mywowbb.com/view_topic.php?id=13931&forum_id=13&highlight=boulder
and search for old posts from denwego. He had OC LEO encounters in Boulder, and always walked away unscathed.
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Gunslinger
Member
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Posted: Sun Sep 14th, 2008 12:19 am |
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thorvaldr wrote: centsi wrote: thorvaldr wroI absolutely agree that what you say is true. Someone FROM Boulder, Parker, Pueblo and Breckenridge needs to go through the legal stuff to convince the LEA and DA's from these jurisdictions that what you say is true. But I don't expect Tomahawk to want to fight our battles for us.
What prohibitions do Parker, Pueblo and Breck have? It's not that "brandishing" BS is it?
Pueblo: Isn't a big deal. It's just for public buildings and posted private buildings and places that sell alcohol.
Boulder: Unloaded OC just like Cali (imagine that).
Parker: Not as bad as I thought. They have a law against carrying where alcohol is sold but their brandishing law says "in a manner calculated to alarm". BTW I am glad Fort Collins doesn't have a 811 page city code.
Breckenridge: Where alcohol is sold and a bunch of specifically referenced public buildings, parks, and open spaces.
Overall, not as bad as I thought. I had just memorized these places as having a problem with OC and since I never go to any of them (except unfortunately Boulder) I hadn't taken the time to wade through the legalese and see what the problem really was.
IANAL and don't think I'm an expert. I looked these up on the links from RMGO.
State law preempts all of the above. Only government buildings with metal detectors are off limits. Loaded OC is 100% legal, excepting Denver County, everywhere in the state.
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denwego
Member
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Posted: Sun Sep 14th, 2008 07:55 pm |
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| Yep, loaded OC in Boulder is entirely legal. They have the pre-preemption law stating that a CHP is required to carry loaded anywhere in the city other than your property, but it's unenforceable in light of state law. Don't count on the local cops to know it, of course, but as loathe as the city attorneys are to admit it, they do know the deal.
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FogRider
Member
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Posted: Tue Sep 16th, 2008 04:19 am |
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Tomahawk wrote: Appreciate your help, guys. Looks like I should be okay in my vehicle and in the woods, I just don't want to spend my vacation time being an activist and having to explain to my boss why I have to go to court halfway across the continent.
I'm with you there. If I may be permitted a slight misquote of HHGTTG, just as discretion is the better part of valor, so is cowardice the better part of discretion, so sometimes it's best to valiantly hide your piece.
denwego wrote: Yep, loaded OC in Boulder is entirely legal. They have the pre-preemption law stating that a CHP is required to carry loaded anywhere in the city other than your property, but it's unenforceable in light of state law. Don't count on the local cops to know it, of course, but as loathe as the city attorneys are to admit it, they do know the deal.
It seems like that's one of the biggest problems in CO, local LE not knowing or caring that the laws on the books are not valid. Of course, proving that in court may be more trouble than one can afford.
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mikesmith
Member
| Joined: | Fri Sep 19th, 2008 |
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| Posts: | 11 |
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Offline
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Posted: Fri Sep 19th, 2008 06:54 pm |
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| You can open carry anywhere in Colorado except the city (state) of DENVER. I open carry all the time no one has said anything just my wife and girlfriend.
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reefteach
Member
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Posted: Sat Sep 20th, 2008 06:45 am |
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mikesmith wrote: no one has said anything just my wife and girlfriend.
That is kind of interesting.
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Gunslinger
Member
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Posted: Sat Sep 20th, 2008 04:27 pm |
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reefteach wrote: mikesmith wrote: no one has said anything just my wife and girlfriend.
That is kind of interesting.
Yeah. It's that plaid sport jacket he wears...
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