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Thread: Open carry in Westminster, CO questions

  1. #1
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    Open carry in Westminster, CO questions

    Hi, I am new to this site and also new to open carry. I live in Westminster Colorado and im having trouble figuring out weather or not open carry is permitted in Westminster city limits. I have looked at the City of Westminster ordinances and it does not say anything about open carry. Only in this section below does it even mention a visible weapon but im not sure if it means open carry. If anyone can help or clarify on this I would be very greatfull as i would love to open carry but I am a little apprehensive to because of the grey areas of all the different city codes and ordinances.



    A) It shall be unlawful for any person, other than a police officer, to carry concealed on or about his person any deadly weapon, except a person who, at the time of carrying a concealed handgun, had a valid written permit to carry the handgun issued pursuant to State law.

    (B) It shall be an affirmative defense that the defendant was:

    (1) A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying; or

    (2) A person in a private automobile or other private means of conveyance, who carries a weapon for lawful protection of his or another person’s or property while traveling.

    (C) All persons carrying a concealed handgun must show, upon request of a police officer, proof of written permit issued pursuant to State law.

    (D) Nothing in this Section shall be construed to forbid a police officer, an armored car employee providing money transport from a City facility, a private security guard hired by the City, or other duly authorized City employee from carrying a weapon.

    (E) It shall be a criminal offense for anyone, other than a police officer, an armored car employee providing money transport from a City facility, a private security guard hired by the City, or an authorized City employee, to carry any weapon in view onto or in a City premises. Possession of a concealed handgun permit shall be of no defense if the handgun is carried in such a manner as to be visible, in whole or in part, or accessible for any length of time to another individual.

    (F) DEFINITIONS: The following words, terms and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

    “City Premises” shall mean any City-owned recreation facility, office building, library, park, open space, trail, golf course, ice center, or other City property open to the public.

    “Handgun” shall mean a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, and the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12”).

    (G) Carrying a concealed weapon in violation of the above subsections is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

  2. #2
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    First, welcome to the community. OC is legal everywhere except the city & county of Denver. Most local carry laws are preempted. Do a quick search here & you will see many discussions with cites.

    If you are available on Saturday, plan on joining us for a meet & greet in Castle Rock. Check out the notice in the Colorado group. I'm on my tablet, or I would look up the link for you.

    I hope we see you on Saturday.
    Last edited by jskp229; 10-23-2012 at 02:14 PM.

  3. #3
    Regular Member mobiushky's Avatar
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    Careful, Colorado preemption is not a blanket preemption. Cities can in fact make ordinances that ban OC on city owned properties so long as they abide by the CRS requirement that there are posted signs at every public entrance to a facility or area where OC is prohibited. If no sign is visible, they are not in compliance and therefore OC is legal. If a sign is posted at for instance a park or city building, then it is not preempted. Then OC is effectively illegal. However, they cannot ban CC because CC is specifically preempted in all cases by the state constitution.

    CRS 29-11.7-104 says:

    A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.
    So as long as signs are posted, they can ban OC on City property. No sign, no compliance, no ban.

    Having said that, the city can only apply this ordinance to city owned property. IE, public library, city park, fire stations, city hall, etc. Things that are directly owned by the city, not private property. So that ordinance does not apply to say King Soopers, or the gas station etc.
    Last edited by mobiushky; 10-23-2012 at 10:26 AM.

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    Thank you! I appreciate the info. I have been oc for a few weeks already but have been worried that before i know it ill end up in handcuffs or something for shopping at walmart or something. And i might actually try to make it for the meet and greet this saturaday. Again thank you for the information.

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    So, is King Soopers okay with OCing in their stores? Or Safeway? Any personal experiences (with staff/management) while carrying there?

    How about the IHOP (@ Genoa Way) in Castle Rock?

    [I already know Starbucks should be okay, as I regularly OC there when I am in New Mexico]
    Last edited by cloudcroft; 10-23-2012 at 01:31 PM.

  6. #6
    Regular Member mobiushky's Avatar
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    Quote Originally Posted by cloudcroft View Post
    So, is King Soopers okay with OCing in their stores? Or Safeway? Any personal experiences (with staff/management) while carrying there?

    How about the IHOP (@ Genoa Way) in Castle Rock?

    [I already know Starbucks should be okay, as I regularly OC there when I am in New Mexico]
    I generally spend most of my time in the Parker area. I have OC'd to the King Soopers, multiple gas stations, Wal-mart, a few restaurants, etc. Haven't had an issue yet.

    I've even OC'd in the Parker Fieldhouse a few times without an issue. That's about all I can say personally. Due to my work situation, I CC more than OC now. So around my office I don't OC much at all. (I work in the Tech center.)

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    Ive OC'd in Walmart, King soopers, gas stations and a few other random places and I havent had a word said to me but than again ive only been OC'ing a couple of weeks so we shall see. Also does anyone know if it matters if you have a round chambered if you do get stopped by an LEO?

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    Quote Originally Posted by D.Cwik87 View Post
    Ive OC'd in Walmart, King soopers, gas stations and a few other random places and I havent had a word said to me but than again ive only been OC'ing a couple of weeks so we shall see. Also does anyone know if it matters if you have a round chambered if you do get stopped by an LEO?
    Your fine to have a round chambered. This includes in your vehicle. However, a long gun in your vehicle must NOT be chambered.
    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 mobiushky's Avatar
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    Also keep in mind that Colorado is a "no duty to inform" state. Which means you can conceal a loaded handgun in your car without declaring that to any LEO that pulls you over. If you get pulled over for speeding, you can go through the entire stop without once revealing you have a loaded handgun. Even if you have a CHP. So frankly, it's none of the LEO's business if the gun is loaded or not. Your car is treated like your house. You can carry a handgun any which way you like. (note: like Beau said above that doesn't work the same for long guns. That a hold over from hunting laws.)

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    Thanks, guys for the info on King Sooper and other stores...I suppose Safeway would be the same?

    How about the IHOP chain in Colorado (I know you don't have an IHOP in Parker)? Or Denny's? Again, there are no Denny's in Parker, but Aurora has 2.

    I know the Village Inns (as experienced in Rio Rancho and ABQ, NM -- not sure about the whole state) are fine with OCers (even though they don't see many of them) so I would hope the COlorado VIs are okay with OC also.

    But I also know that a Corporate-owned store and Franchise-owned store may or may not have the same policies...meaning a Franchise owner could disallow OC on his/her store premises even if Corporate does allow it. I don't know if the IHOPs in Castle Rock/Colorado Springs are Corporate or Franchise -- or a mix. Starbucks Corporate has made it clear they go by the laws of the state a store is in (for example, in NM it's okay but in TX it isn't), so you know by the state's laws whether you can or can not OC in a particular Starbucks or not...don't think the other 3 stores named here have such a "blanket policy" so I have to ask you locals. ;-)

    Whatever, are those 3 coffee-shop chains okay with OCing in their stores -- or do you just look for signage posted at the entrance?
    Last edited by cloudcroft; 10-24-2012 at 11:56 AM.

  11. #11
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    Quote Originally Posted by cloudcroft View Post
    Thanks, guys for the info on King Sooper and other stores...I suppose Safeway would be the same?

    How about the IHOP chain in Colorado (I know you don't have an IHOP in Parker)? Or Denny's? Again, there are no Denny's in Parker, but Aurora has 2.
    Hey now. That's just not fair.... LOL. There is an IHOP in Parker and a VI. Just no Denny's. But there is a waffle house.

    We used to go to IHOP a lot, but I haven't been there in a long time. Never OC'd there. I usually look for a sign and if no sign, I OC. That's me.

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    Ooops, sorry...I re-looked for IHOP and saw yours in Parker. It didn't show up on my other map when I was looking for IHOPs in the Castle-Rock area. I DO plan to go to the CR store regularly...

    Since I go to supermarkets and coffee-shops more often than other stores, those are the MAIN places I needed OC info on. No big deal though, I can always CC if need be.

    As for Waffle House, I thought WH Corporate was anti-gun and made their stores nation-wide No Gun Zones (AKA: Killing Fields). Never been to one though: They don't look that great from the outside and often aren't in good parts of town -- at least here in TX -- so I've never really wanted to go. And here in the crime-ridden Greater Houston Metroplex area, you want to stay out of bad parts of town, even though crime is everywhere nowadays as street-trash extends its range by adapting to new habitats. ;-)
    Last edited by cloudcroft; 10-24-2012 at 04:56 PM.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by cloudcroft View Post
    Ooops, sorry...I re-looked for IHOP and saw yours in Parker. It didn't show up on my other map when I was looking for IHOPs in the Castle-Rock area. I DO plan to go to the CR store regularly...

    Since I go to supermarkets and coffee-shops more often than other stores, those are the MAIN places I needed OC info on. No big deal though, I can always CC if need be.

    As for Waffle House, I thought WH Corporate was anti-gun and made their stores nation-wide No Gun Zones (AKA: Killing Fields). Never been to one though: They don't look that great from the outside and often aren't in good parts of town -- at least here in TX -- so I've never really wanted to go. And here in the crime-ridden Greater Houston Metroplex area, you want to stay out of bad parts of town, even though crime is everywhere nowadays as street-trash extends its range by adapting to new habitats. ;-)
    I can honestly say I've never been to Waffle House... SO I don't really know. I avoid it for altogether different reasons... LOL...

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    Oh wow i did not know about the no duty to inform law. And thank you. I knew about long guns but I couldn't find anything clear about handguns. As far as Safeways and I-Hop and such places I think its pretty much just up to managements discretion as most will have no clue as to what their policy on OC is. Worst that can happen is they ask you to leave. No big deal really.

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    Has anything changed in Westminster since this thread was last replied to?
    I am going to be traveling to Colorado from Oregon in July to visit relatives that live in Westminster and also in Arvada.
    From this post, it sounds to me like OC is perfectly legal, just not on city property and Denver is off limits for OC.

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    Regular Member JamesB's Avatar
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    Quote Originally Posted by OC541 View Post
    Has anything changed in Westminster since this thread was last replied to?
    I am going to be traveling to Colorado from Oregon in July to visit relatives that live in Westminster and also in Arvada.
    From this post, it sounds to me like OC is perfectly legal, just not on city property and Denver is off limits for OC.
    You are correct. And the city property must be posted (no carry) due to state law trumping, even if there is a city statute. Stay out of Denver proper.

    Carry On.

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    I sent an email to Westminster PD about open carry and this is what was sent to me... take it for what it's worth. I have printed it out and will carrying this along with me just in case I am stopped.

    Mr. XXXXXXXX, It appears that you have done quite a bit of research and inquiry into Westminster’s ordinance regarding firearms. We do not have any restrictions regarding you openly carrying a firearm. The city does have restrictions on open carry and concealed carry within certain government buildings. Privately owned premises or businesses may also refuse service depending on their policies. As you mentioned this does cause alarm to many residents and it is common for our department to receive calls of a suspicious person. Our officers contact individuals who are carrying a firearm to ensure public safety. This is a brief interaction as our officers determine there is no immediate threat to our community. We respect and honor your 2nd Amendment right to bear arms, but we ask that you work with us to ensure the safety of our residents. Many individuals who choose to openly carry a firearm complain when an officer stops to talk to them. Your cooperation makes the contact last just moments and helps us know there is no threat to our citizens.

    This statement is not intended to elude that you will be uncooperative with our officers; we have just found through prior contacts that some who want to exercise their freedoms refuse to help us do our job of protecting our residents. Colorado is beautiful in July and we have some spectacular firework shows to celebrate our great Nation’s Independence. I hope you enjoy your travels. Please let me know if there is anything else I can assist you with.
    Thank you,
    Investigator Trevor Materasso
    Westminster Police Department
    "We ought to face our destiny with courage." Friedrich Nietzsche

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    Regular Member RandallFlagg's Avatar
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    Quote Originally Posted by OC541 View Post
    I sent an email to Westminster PD about open carry and this is what was sent to me... take it for what it's worth. I have printed it out and will carrying this along with me just in case I am stopped.
    Wow! Perhaps my Wife and I should join you on a walkabout down Westminster's sidewalks someday.
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    Visiting Westminister

    Quote Originally Posted by OC541 View Post
    I sent an email to Westminster PD about open carry and this is what was sent to me... take it for what it's worth. I have printed it out and will carrying this along with me just in case I am stopped.
    Could you provide me this officers email address? I will be in West minister in Sept and wonder about getting from the airport to Westminister without problems. If that is possible.

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