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Thread: New to opencarry.org

  1. #1
    Regular Member 56reaper's Avatar
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    New to opencarry.org

    Hello fellow coloradans/opencarry enthusiast!
    Found this website on my quest to find as much info on opencarry laws (As the State of Colorado makes it very difficult to find concrete and clear laws on opencarry!)
    in the state of colorado, and i am very impressed on the knowledge and friendlyness of the people on this forum.

    I live in Weldcounty (specifically Greeley), and have seen very few people openlycarry their firearms around local walmarts, restaruants, etc. (As i work the evening shift and stay up late in the morning.)
    and am very interested in openlycarrying my firearms (My main is a Glock 22 .40 s&w) with a On-The-Waist holster.
    and my main concern is the "Loaded/Unloaded" rule, i have read/heard people say that having a Round in the Chamber qualifies as "Loaded"
    as to having a loaded magazine/clip in the pistol WITHOUT a round chamber is considered "Unloaded", just wanted to see if i could get some clarification.

    Also i recently aquired a Ruger LCR with a Leather Holster (But without a thumb break, from what i have read, specific holsters are not specified for opencarry use.), and wanted to know how the "Loaded/Unloaded" rule applies to
    Revolvers style handguns (Specifically a hammerless revolver, as the Ruger LCR is Hammerless and it is only double action) i.e. can i have the revolver's cylinder loaded fully with 6 rounds when opencarrying, even though it doesnt have a hammer(I guess this would be the equilevant for a pistols ability to pull the slide back and chamber a round as to a revolver with hammer being able to pull back the hammer to fire (If it is single/double action)).

    Thanks for the future inquires, hope to get some advice, so that my experience can be more smooth in this great state of Colorado!

  2. #2
    Regular Member Bellum_Intus's Avatar
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    Welcome to the group!!

    =)

    --Rob
    Kenaz Tactical Group

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    Welcome to the group!!!
    Last edited by Grapeshot; 07-09-2012 at 06:35 AM. Reason: Limit emoticons to 5 please

  4. #4
    Regular Member JamesB's Avatar
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    Sounds like you're specifically looking for an answer to what is legal regarding loaded/chambered, while open carrying. If I'm wrong, please correct me.

    Having a loaded firearm in general only comes into question legally in two circumstances.
    First, rifles cannot be loaded while in a vehicle.
    Second, is carrying a loaded gun on or near a bus (paraphrased).

    more information available here: http://www.rmgo.org/gun-law-faqs/

  5. #5
    Regular Member wmodavis's Avatar
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    Welcome to OCDO. An excellent place to tun in.

    I OC with one in the chamber. MY G23 has multiple safeties and in addition my holster has a trigger guard completely covered. I consider that an excellent safety. And it is also ready to be used with a minimum of delaying fuss should the need arise.

    Nothing in CO prohibits OC or CC with loaded handgun.

  6. #6
    Regular Member M-Taliesin's Avatar
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    Howdy Amigo!
    Welcome to the herd! Great that you found your way to the OCDO ranch.
    Now on to the questions you ask.

    >Colorado makes it very difficult to find concrete and clear laws on opencarry

    The basic reason you find it hard to find concrete laws about open carry is because open carry is not illegal. They don't generally make laws that tell you what IS legal, because they're far too busy making up laws to make stuff folks enjoy doing illegal. Simply stated, our laws tell youi what you cannot do, and do not lend itself to telling you what you can do. Kinda like the Ten Commandments say "Thou Shalt Not"... not what Thou Shalt Groove on! For example, the law does not say a citizen may wear those nasty plastic shoes... Crocks. Sholuld they be outlawed? You'd think so, but there they are... all over the beautiful state of Colorado, Tawdrying up the place. The law does not say anything about a driver of an automobile giving himself an enema while driving a car, but I supposed they could go for it if they could manage the logisitics. Point being, the law doesn't exist to say what you can do, but what they'll take issue with. Some such laws having been created by certain individuals who could surely use a nice, relaxing enema or several!
    So you will find all manner of laws telling you what you cannot do with firearms, but little to nothing about what you can do.

    >my main concern is the "Loaded/Unloaded" rule

    What rule is that? I ain't never seen such a particular rule. I've seen a Colorado Revised Statute or two regarding transporting a rifle in a car, prohibiting doing so with a round in the chamber. But this forum is about open carry of handguns, so the topic of long guns is actually frowned upon by the moderators. But before we get all herniated about that aside, let's discuss a real basic rule of firearms handling.
    ALL FIREARMS SHOULD BE TREATED AS LOADED.
    When an accidental shooting happens, the claim is always "I didn't know it was loaded!" So far as any firearm is concerned, it should always be regarded as loaded. This ain't even a debatable issue. "I knew it was loaded, but it just went off..." has a sort of ring of stupid to it. Every firearm should be considered loaded by anybody hankering to handle it. Period, end of sentence! Basic stuff that.

    When carrying a firearm, it is technically considered loaded if there is a round in the spout. The presence of a magazine in the well may also be considered loaded, but as mentioned already; a rifle is not to have a round in the chamber if you are transporting it in a car, truck, moped, etc. That doesn't mean it is unloaded. Just that it ain't ready to fire. Same with a pistol. You got rounds in the weapon, it can certainly be construed as loaded; whether or not it has a live round in the tube, ammo is present in the gun. There isn't specific language on what specifically constitutes loaded or unloaded (per se), but the specific prohibition against having a round loaded into the chamber that you'll see. A pistol may be carried with a round in the chamber and a full magazine to back it up!

    >WITHOUT a round chamber is considered "Unloaded", just wanted to see if i could get some clarification

    When the weapon is cleared, it is unloaded. We don't treat the weapon that way (i.e., feel free to point the muzzle at something we aren't willing to destroy, play pretend Russian roulette, etc) We continue to regard and handle the weapon as if loaded and ready to fire. So in essence, from a firearms safety point of view, the weapon ain't never 'unloaded'. If I seem to be stressing on this point too hard, it is intentional.
    Moving along, like a herd of gerbils....

    >having a loaded magazine/clip in the pistol

    There is no such animal as a pistol clip. Automatic pistols have a magazine for the cartridges. They do not have clips. Neither do the majority of rifles. Now if you have an M-1 Garand, call that device for feeding in rounds a clip, because that is what they used. A clip is a specific device, or illegal hit on another player in football. It ain't what goes into a pistol. Sorry, but just hadda get football in there somewhat. I'm Jones-ing for a change in pace from watching the Rocky's lose game after game.

    >can i have the revolver's cylinder loaded fully with 6 rounds when opencarrying, even though it doesnt have a hammer

    Yes. But your choice of holster should be such that the trigger is covered so it cannot be tripped without drawing the pistol out of it.

    If you'd like to meet up with another OC'er, and maybe tag along on an outing, I'd be happy to help deflower you! LOL! I work up in Brighton, and Greeley ain't that much out of my way. Drop me a P.M. if you would like somebody to help you get over newbie jitters. The way things have been going for me lately, you'd likely get through that first LEO encounter while we're at it too!

    Blessings,
    M-Taliesin
    Last edited by M-Taliesin; 07-09-2012 at 08:54 AM.

  7. #7
    Regular Member O2HeN2's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    There is no such animal as a pistol clip. Automatic pistols have a magazine for the cartridges. They do not have clips.
    Au contraire!



    O2
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    When seconds count, the police are mere minutes away...
    They'll never take your "hunting rifle", they'll call it a "sniper rifle" first.
    Zero failures comes at infinite cost.

  8. #8
    Regular Member Beau's Avatar
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    O2, you beat me to it. Oh well.

    To the OP. Welcome to OCDO. Lot's of good info here and every now and then some heated debates. All around a good place.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  9. #9
    Regular Member eBratt's Avatar
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    Welcome to OCDO! I don't tend to post too often but frequently read to stay current on anything happening in Colorado.

    I OC frequently in the Greeley area and have had some positive encounters and mostly nothing at all. No second glances, no shocked looks, no scream or anything. Either a non-issue or a pleasant conversation. I do OC at the Greeley Walmart but 9 times out of 10 it is on a Saturday, not an evening.

    Hope to run into you sometime!
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good" - George Washington
    "Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest." - Mahatma Gandhi

    As always, insert standard IANAL disclaimer here.

  10. #10
    Regular Member LoneEchoWolf's Avatar
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    since the guys and girls already covered the unloaded/loaded question ill leave that one alone. Welcome to OCDO Hope to see you at a M&G sometime!
    Semper-Fi
    ~Wolf~

    "Sons of the Republic, arise and take a stand!
    Defend the Constitution, the Supreme Law of the Land!
    Preserve our great republic and each God-given right,
    And pray to God to keep the torch of freedom burning bright!"
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  11. #11
    Regular Member O2HeN2's Avatar
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    Quote Originally Posted by Beau View Post
    O2, you beat me to it. Oh well.
    That's the only exception I know of, which is more a comment on my knowledge rather than the lack of existence of other pistols that use clips.

    O2
    When seconds count, the police are mere minutes away...
    They'll never take your "hunting rifle", they'll call it a "sniper rifle" first.
    Zero failures comes at infinite cost.

  12. #12
    Regular Member O2HeN2's Avatar
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    Back on topic, welcome to the board, 56reaper!

    I too, am unfamiliar with any loaded/unloaded rule. One of my open carry guns is a 1911 cocked and locked (hammer back, safety on) with a round in the chamber. Perfectly legal.

    In my opinion (note: opinion), the only difference between a concealed carry holster and an open carry holster is that an open carry holster MUST have an active retention device, such as a thumb break, lever, button or whatever that needs to be actuated to release the gun. A concealed carry holster can be friction retention only. This open carry holster requirement (again, my opinion) is because your gun is visible and can be grabbed -- you want some kind of retention device to give you that fraction of a second required to retain the gun.

    Now, there's no law that says that an open carry holster must have a retention device, but it just makes good sense to me.

    O2
    Last edited by O2HeN2; 07-09-2012 at 04:13 PM.
    When seconds count, the police are mere minutes away...
    They'll never take your "hunting rifle", they'll call it a "sniper rifle" first.
    Zero failures comes at infinite cost.

  13. #13
    Regular Member JamesB's Avatar
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    Now that I have another few moments free to contribute, the two statutes I was refering to in my previous post are:

    33-6-125. Possession of a loaded firearm in a motor vehicle.

    It is unlawful to possess any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of

    such firearm is unloaded. 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.

    and:

    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).
    (this one means a bus or bus stop)

    Carry On

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    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).
    (this one means a bus or bus stop)

    Carry On[/QUOTE]


    I wonder if you could argue that a CHP constitutes legal authority.

  15. #15
    Regular Member JamesB's Avatar
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    Quote Originally Posted by Hamans-gallows View Post
    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).
    (this one means a bus or bus stop)

    Carry On

    I wonder if you could argue that a CHP constitutes legal authority.[/QUOTE]

    yes, kind of...
    if you look at the statute dealing with concealed (18-12-214) a permit grants the ability to carry in ALL areas of the state except...
    bus station is not on the list of exceptions. But, does it constitute legal authority to carry openly? i believe it does not. A concealed permit DOES constitute authority to carry CONCEALED, but it does very little in regard to OC.

  16. #16
    Campaign Veteran since9's Avatar
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    You can OC while walking on the public sidewalk past a bus stop. You cannot OC while waiting/standing at the bus stop itself, or within a bus station. I've OC'd while walking south past the bus station in downtown Colorado Springs, along the public sidewalk to the west of Nevada, just south of E. Kiowa. Got some stares, but it's legal.
    Last edited by since9; 07-10-2012 at 01:06 AM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  17. #17
    Regular Member PFC HALE's Avatar
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    welcome! im south of ya 30 miles and learning stuff as well, once i get the holster that will fit me well ill be OC here in town
    HOPE FOR THE BEST, EXPECT THE WORST, PREPARE FOR WAR

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