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Visiting CO

hrdware

Regular Member
Joined
Feb 8, 2011
Messages
740
Location
Moore, OK
I have a friend who will be visiting CO later this summer and wanted me to find out some information for him. He has a CC permit from OK so CC in CO shouldn't be a problem.

First question, can he carry with one loaded in the chamber?

By reading this thread, http://forum.opencarry.org/forums/showthread.php?98635-open-carry-in-colorado it looks as if he can.

Second, I know he can't OC in Denver, but if I remember correctly, he also can't carry in any land owned by the city of Denver, including state parks that are managed by the City even though they are not in the City. Is this correct? If so, is there a place that lists what parks are owned by the city of Denver so he can know about those places as well.

Thanks

Hrdware
 

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Howdy Amigo!
Open carry of a loaded handgun is certainly legal in Colorado, including one in the tube! It doesn't matter whether your friend has a permit or not, or that he's out of state or not. Colorado is an open carry state, regardless. The sole exceptions being those you likely know about: schools, Denver city and county, and where posted, with permanent metal detectors and security types to wand you down.

As for state parks, I don't believe Denver has any authority to do anything apart from what the state requires. Hence, if a state park is outside the boundaries of the city and county of Denver, the state pre-emption law would apply. The Meyers decision exempted Denver due to the urban nature of Denver. A state park doesn't fit under that definition, so state pre-emption would still hold sway over their land, though it may be managed by employees of Denver.

I am not able at present to provide sources, but you can easily check with the Colorado State Parks website for folks to contact within the state park system who should know the score on your question.

Blessings,
M-Taliesin
 

Dynamite Rabbit

Regular Member
Joined
Jul 5, 2008
Messages
220
Location
Longmont, CO, ,
Google Denver Mountain Parks and you'll find what you're looking for. They're not state parks, and open carry is prohibited.

One prohibition that is often overlooked: you can't OC a loaded gun on public transportation, including elevators and escalators. I've never heard of that being a problem, but it is in the CRS.
 

Dynamite Rabbit

Regular Member
Joined
Jul 5, 2008
Messages
220
Location
Longmont, CO, ,
Please cite the CRS, so I can look this up.

O2

Sure -- had to dig a bit!



18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation.

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).

_______
18-9-115:

(3) "Public conveyance" includes a train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.

(4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.
 

O2HeN2

Regular Member
Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
Thanks for the CRS cites -- always helps when it's referenced.

Wow. Looks to me like the key phrase here is "without legal authority" -- assuming for the moment that a CC permit gives one "legal authority" I wonder if the argument can be made that since OC is legal, one has "legal authority" to OC on these modes of conveyance?

Or does "legal authority" somehow only imply an "active" permission, such as a CC permit?

Interesting question, thoughts anyone?

O2
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
There is full state preemption for concealed carry, and that includes Denver and its parks. OC is generally not a problem, and with an OK CCW, he can conceal carry anywhere in the state with few exceptions--metal detectors at the entrance of government buildings being the primary and of course Federal buildings. Have him CC in Denver County and OC should he chose anywhere else.
 
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