Hello, I live in colorado springs and I have a couple questions. First of all, I have contacted El Paso County Sheriff's Department and the Colorado Springs Police department and they have both said yes to me carrying a hand gun a 18 as long as it is not hidden. Now of course I'm not able to purchase a handgun from an FFL dealer but I can from a private party. Now if I'm stopped will law enforcement ask me if the gun is in my name or will they be able to look it up? My hand gun was purchased a couple years back by my parparents so it may be in their name. Also does the hand gun have to be unloaded? I just want to get a feel for some of the rules. Once again thanks and I'm sorry if this a been asked before I just don't want to get in trouble with the law and not be able to become an officer in the feature.
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newbie to open carry!
- Thread starter ps1996
- Start date
A hearty welcome ot OCDO.
Yes you can OC at 18 yo and w/o a permit.
There is no registration of guns in your state, so there is no "in my name." You may be gifted a gun or borrow one and carry it - you are not required to own what you carry.
There is no requirement that you carry unloaded. An unloaded handgun on your hip is just a fancy and expensive club. If your life and those of loved ones are worth protecting, carry loaded as it was designed to be.
Stay out of Denver & Denver County when OCing - OC is not legal there.
Recommend that you also carry a digital recorder turned on every time you go out - several available for about $30.00 w/download capacity.
Sure that others will chime in soon with whatever cites are necessary; meanwhile look at our map pages - they are a visual Cliff Notes of information: http://www.opencarry.org/?page_id=101
SteveInCO
Regular Member
Beware. The "gift" (if made while you are living in Colorado) has to be from an immediate family member (which it sounds like is true here), or you can run afoul of our almost universal background check law.
And as a parenthetical, Denver and Denver County are one and the same; the combined governmental unit (that illegitimately defecates on your 2A right) is "the City and County of Denver."
It can be tricky determining whether you are inside or outside its boundaries if you are in the Denver Metro region.
This map is hard to read even when blown up, but presumably accurate as it comes straight from the City and Cesspit of Denver:
http://www.denvergov.org/Portals/70...gMap_Neighborhoods_Precincts_Streets_2014.pdf
This one gives an overview: http://www.zipmap.net/Colorado/Denver_County.htm and is zoomable. I notice in some cases the zip code boundary has a zig in it that seems illogical, and I suspect the superimposed line for the city and cesspit boundary actually follows the zip code boundary, so I don't completely trust this one.
And as a parenthetical, Denver and Denver County are one and the same; the combined governmental unit (that illegitimately defecates on your 2A right) is "the City and County of Denver."
It can be tricky determining whether you are inside or outside its boundaries if you are in the Denver Metro region.
This map is hard to read even when blown up, but presumably accurate as it comes straight from the City and Cesspit of Denver:
http://www.denvergov.org/Portals/70...gMap_Neighborhoods_Precincts_Streets_2014.pdf
This one gives an overview: http://www.zipmap.net/Colorado/Denver_County.htm and is zoomable. I notice in some cases the zip code boundary has a zig in it that seems illogical, and I suspect the superimposed line for the city and cesspit boundary actually follows the zip code boundary, so I don't completely trust this one.
Thanks for the info I appreciate it!
Consider a CHP (Concealed Handgun Permit) when you can... you will be able to traverse Denver and County with that and some other restrictions on carry will loosen, although personally, open carry is preferred for me. I believe one has to be 21 [for a CHP]. Also, go to the range if you have not already. That is important. I recommend Cheyenne Mountain Shooting Complex just outside of Fort Carson. And welcome to the forum... I've found there is good advice here.
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Also attached. View attachment colorado.pdf
mobiushky
Regular Member
Just one point. Colorado law has a caveat that a person passing through (and not living in Denver City/County) does not have to conceal if they are traveling through. Also, since your vehicle is deemed part of your residence, you don't need to change your carry style while driving. So if you really are just traversing Denver, you don't need a CHP to do so legally while open carrying in your car. However, I wouldn't suggest you get out of the car in downtown and walk around a bit while OC. I'm trying to find the wording and I'll link it when I do. I had a resource, but that's gone now.
One of the points of the CO pre-emption is to allow people to transport firearms in their own vehicles without having to worry about the variety of laws in municipalities that are not consistent. So the law is clear that if your place of residence allows it and you are simply passing through on your way to another part of CO, you don't have to obey the local ordinances regarding firearms. One big example is Denver's ban on "assault weapons" that doesn't exist anywhere else in the state.
CRS 18-12-105.6, part (2):
I thought there was something in Denver's code, but I can't find it. Interestingly though, if you read Denver's muni-code, the way it's worded you can OC if you have a CHP in Denver. Wouldn't test it because that's not the intent, but the way it's worded there is a loophole.
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I stand clarified.
In practice, when going to Denver my weapon will have the shirt behind it (gun exposed) while I'm in my vehicle, and if in Denver and I leave the truck I will move the shirt to cover it because of the way they have written the system of laws.The only singular motivation for my obtaining a CHP is Denver city and County. Also, I find that it helps when I drop off/pick up my kid from school, I don't have that restriction either, except the gun has to stay in the vehicle locked when on school grounds. (drop off provision)
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mobiushky
Regular Member
I stand clarified.
The only singular motivation for my obtaining a CHP is Denver city and County. Also, I find that it helps when I drop off/pick up my kid from school, I don't have that restriction either, except the gun has to stay in the vehicle locked when on school grounds. (drop off provision)
I changed my post because I can't find the Denver Muni-code I was thinking of and I don't have time to do the digging. But I do know that CO state pre-emption allows you to carry in your car anyway you see fit and no locals can affect that.
I had my CHP when I lived in CO (still have the card) for the same reasons. Sometimes I was forced to travel to places I didn't want to go and where OC was not allowed... (mall, cough, cough). That and I was able to get my wife to take the class and get her permit while I did. She started carrying then and still does.
ETA: Oh I forgot to say, my comment was not meant to discourage getting a CHP in CO. Rather to say that while the OP is still under 21, he doesn't have to leave the gun home if he is planning to drive through Denver. That's all.
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I will help.
Denver Municipal Code Sec. 38-117 (Although the entire Title 38 is a good read).
Also Trinen v. City & County of Denver.
Stay safe.
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mobiushky
Regular Member
Yeah, I know that one. I was looking for something else.
BTW, that 38-117 (f) is the reason I said that the wording is such that if you have a CHP you technically could OC in Denver
Notice that it applies to (a) concealed carry OR (b) open carry and that the last line says: "and is otherwise carrying the handgun in conformance with any applicable state or local law". State law allows legal open carry. So openly carrying a handgun complies with a state law. Not the intent of that section, but they did word it that way.
I don't agree. I want to come back with better information and some relevant citation.
mobiushky
Regular Member
By all means. I'm purely reading the wording of the law as written. I would not be surprised if there is case law to clarify, but I don't read case law.
Thanks! I've looked through a lot of different options on getting a CHP and I may or may not have an IDea, lol please be kind if it sounds completely dumb. I saw that Indiana issues CHP for 18+ for non residents and Colorado acknowledges it.... Idk the only other way I heard it that the sheriff may be able to issue one but I'm not in any emergency danger as they put it and it would be a temporary CHP for 90 days
Cites for both of these please - I am unaware of the conditions you describe.
SteveInCO
Regular Member
Colorado does not recognize permits issued by other states, to people who don't reside in that state. Even if it's a state we have reciprocity with.
This is why people visiting the City and Cesspit of Denver from states Colorado doesn't recognize are completely screwed vis-a-vis 2A. Denver forbids open carry and the visitor cannot obtain a concealed handgun permit (by any name) that Colorado will recognize.
This is unlikely to change soon, as it appears we will probably be stuck with Hickenlooper in the Governor's Mansion for the next four years. (But at least we got the state Senate, so new bad bills will have a much harder time getting through.)
This is why people visiting the City and Cesspit of Denver from states Colorado doesn't recognize are completely screwed vis-a-vis 2A. Denver forbids open carry and the visitor cannot obtain a concealed handgun permit (by any name) that Colorado will recognize.
This is unlikely to change soon, as it appears we will probably be stuck with Hickenlooper in the Governor's Mansion for the next four years. (But at least we got the state Senate, so new bad bills will have a much harder time getting through.)
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C.R.S. 18-12-209 (2014) Would permit an emergency application for an applicant 18 years of age or older. This section waives the age and competence requirement.
Good luck with that, I am not optimistic.
C.R.S. 18-12-213 (2014) For reciprocity to apply you must be 21 years old, even if other states permit 18 or older. Also... if you are a resident of our good state, you must apply here.
There are your cites with interpretations.
I'm not optimistic either, and what blows me away is that I have read in a couple places that there are 18 year olds in New York, yes I said NEW YORK that have gave them a CHP! I don't know it doesn't matter and I don't want to turn this into a concealed carry form but I'm going to deal with what I can and look at the bright side that I don't live in Denver and I can exercise my 2A right where I live. Thanks again everyone for all the feed back I didn't think I would have gotten much but I did