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Thread: Colorado Open Carry Clarification in Signs

  1. #1
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    Colorado Open Carry Clarification in Signs

    Forgive the format of this post, as I'm currently mobile, but I did manage to snap a pick of a Colorado Springs theater I just went to and have a question about signage.

    The following sign was in the window of the theater:
    https://www.dropbox.com/s/yw0qdbvygw...gsCinemark.jpg
    (sorry for the dropbox link, but it's all I can do while mobile. I'll try to update this tonight.)

    First off, the sign is wrong for a couple reasons. First off, it tries to prohibit all firearms, which it can't do because of the concealed carry preemption laws. We are allowed to CC anywhere not prohibited by law, but also in areas with fixed metal detectors, security actively screening individuals, and a place for them to take/hold your weapon.

    Secondly, and this is the question I've got, is the state law says the following:

    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 governments jurisdiction... ...shall post signs at the public entrances...

    So, it seems like its possible to prevent people from OC, if the LOCAL GOVERNMENT sets up a law/ordinance, AND there is signage on all entrances. So, what happens when you see the sign I snapped a picture of earlier? It doesn't seem like a government sign, and I'm not sure of there is an ordinance in place banning OC from theaters, but if there isn't, doesn't that make the sign invalid? If there is, and the theater put the sign up themselves, does it hold the weight of law?

    I ended up CC thanks to an oversized sweatshirt because I was with friends and didn't want to interrupt our afternoon of fun. Should I have attempted to OC and waited to see if I was asked to leave, then switch to CC if nothing else?

  2. #2
    Regular Member rushcreek2's Avatar
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    Judging by the format of this sign , possessing a firearm appears to be a rather low priority - coming in last - after consumption of drinks & food, and cell phone use. I don't set a very high priority on reading signage at movie theaters beyond what time a movie is showing, the price of admission, and those "men" and "women" signs. The law you cited pertains only to posting at entrances to municipally operated public facilities - not private property.
    Last edited by rushcreek2; 11-25-2013 at 08:06 PM.

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    Quote Originally Posted by rushcreek2 View Post
    <snip>The law you cited pertains only to posting at entrances to municipally operated public facilities - not private property.
    Okay, that was the other train of thought that I had (as I've seen this commonly talked about with parks and their surroundings). So then this sign shouldn't have any force of law, correct?

    Another issue, assuming the fact that there is a sign, that I just thought of would be trespassing. I know if someone tells you to leave and you do, it's not trespassing, but I saw a breakdown of the trespassing issue, and an interesting point was made. Something along the lines of the public place is inviting you onto their premise (preventing the trespassing charge for regular customers), but that's under the assumption that you're a potential customer, and their invitation extends to you. If, however, they posted a "no firearms" sign, could you be considered "uninvited" by the fact that you're breaking their rule for entrance? That would, theorhetically allow for someone to charge you with trespassing for merely stepping inside the store without specifically informing you. Not sure how that would hold up in court or if an officer would even charge you for that (you could state that you weren't aware the owner wanted you out, and that you'll gladly comply with their wishes). So, it may not be an issue worth worrying about... Just something that popped into my mind. The more I know, the better prepared I am, which gives me more to work with if/when I am confronted.

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    C.R.S. 18-4-201 (3)
    A person “enters unlawfully” or “remains unlawfully” in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person.
    Last edited by Dario; 11-26-2013 at 02:08 PM. Reason: emphasis mine

  5. #5
    Regular Member mobiushky's Avatar
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    The cinema can ban all firearms from their premises. It's private property and they can do as they wish. If you choose to openly carry, they cannot cite you for carrying but they can ask you to leave. If they don't ask you to leave, it's nothing. If asked, leave.

    You won't be hit with trespassing if you leave when you are asked. If you refuse to leave after being asked, they can hit you with trespassing. So, just leave. Don't even bother asking for a manager. Just leave. If you want to talk to someone, come back unarmed unless they have hit you with "and don't ever come back." Which is not likely if you are amicable. If you have an issue with money, simply ask politely if you can come back unarmed to get a refund for the tickets.

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