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Thread: Is There A Map

  1. #1
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    Is There A Map

    Has anyone ever made some sort of a map that shows where and where not you can OC in Colorado. I know you can't OC in Denver and Denver annexed properties but how do I know where Denver annexed properties are? Someone once told me that the old Sportsman's Warehouse on South Wadsworth was an area that was annexed by Denver and you couldn't OC in the store. The only way I knew that though is because someone in Sportsman's told me. Otherwise, I wouldn't have had a clue.

    Anyway, I let my concealed carry expire and I got out of OCing for a while. I got my concealed back, now I want to OC again. So I'm back. I'm looking forward to meeting some of you guys at the barbecues this summer. Thanks!!

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    Moderator / Administrator Grapeshot's Avatar
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    To my knowledge only the City of Denver and Denver County restrict OC. Wait for some local people to chime in here.

    City of Denver map:
    http://www.maptechnica.com/us-city-b...cityid/0820000

    Denver County and City map:
    http://www.denvergov.org/maps/map/neighborhoods

    Google is your friend.
    Last edited by Grapeshot; 03-03-2015 at 12:55 PM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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    Grape is correct. Only Denver City and Denver County prohibit OC. Anywhere else is fair game. I've heard that Aurora isn't friendly to OC, but legally it's ok. On a side note, you do realize that you aren't required to have a valid CC permit to OC, right?


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    Yep, I realize that. I just quit carrying altogether when I let my permit expire.

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    Quote Originally Posted by Grapeshot View Post
    To my knowledge only the City of Denver and Denver County restrict OC. Wait for some local people to chime in here.
    Quote Originally Posted by Vader33 View Post
    Grape is correct. Only Denver City and Denver County prohibit OC. Anywhere else is fair game. I've heard that Aurora isn't friendly to OC, but legally it's ok. On a side note, you do realize that you aren't required to have a valid CC permit to OC, right?
    I have searched for the munucipal code restricting OC in Denver and have come up short. Can anyone provide a link?
    https://library.municode.com/index.a...eName=Colorado

    No question but that Denver has such an ordinance that prohibits OC on public property, whether on foot or in a vehicle, but I doubt that restricts OC on/in private property - really need to read the ordinance(s).
    Last edited by Grapeshot; 03-04-2015 at 02:36 PM.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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    Regular Member solus's Avatar
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    Quote Originally Posted by Grapeshot View Post
    I have searched for the munucipal code restricting OC in Denver and have come up short. Can anyone provide a link?
    https://library.municode.com/index.a...eName=Colorado

    No question but that Denver has such an ordinance that prohibits OC on public property, whether on foot or in a vehicle, but I doubt that restricts OC on/in private property - really need to read the ordinance(s).
    grape it is a county ordinance not city of denver proper ...let me see if i can scour al gore's invention to assist.
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    Also would the 2AFriendly app be helpful for this? It would indicate which businesses allow OC.

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    Regular Member solus's Avatar
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    grape, et al.,...

    http://en.wikipedia.org/wiki/Gun_laws_in_Colorado first i am not even beginning attesting if the information is correct but here are some cites from the main article:

    i misspoke, it was determined the county of denver was exempt from the state legislator's attempts to unify the state's firearms statutes apparently in 2004?

    DRMC §§ 38-117(b), 38-118 http://www.courts.state.co.us/Media/...v3809order.pdf

    hope that provides some insight...


    ipse
    Last edited by solus; 03-04-2015 at 04:21 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

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    Denver is a complicated place

    The City and county of Denver won their BS court case against preemption BUT that is not the final word

    I can't copy and paste the cite Number but its on Hangunlaw.us,,, edit CRS 18-12-105.6

    You can OC in Denver if you are just passing through and Denver is not your destination or origin. So if you are carrying and need to stop for gas you can go into a store to get a pack of gum or coke and be good to go, tricky little peice of legislation

    You can also OC or CC in a vehicle as you pass through the City and county of Denver legally

    good luck
    CH
    Last edited by cch10000; 03-04-2015 at 08:10 PM.

  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by cch10000 View Post
    The City and county of Denver won their BS court case against preemption BUT that is not the final word

    I can't copy and paste the cite Number but its on Hangunlaw.us

    You can OC in Denver if you are just passing through and Denver is not your destination or origin. So if you are carrying and need to stop for gas you can go into a store to get a pack of gum or coke and be good to go, tricky little peice of legislation

    You can also OC or CC in a vehicle as you pass through the City and county of Denver legally

    good luck
    CH
    No, no, no OC as you describe!

    "A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

    Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
    https://www.nraila.org/articles/2015...transportation

    Requesting a cite for your last sentence.
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    Old and treacherous will beat young and skilled every time. Yata hey.

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    Crs 18-12-105.6

    subsection 2

    18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles.

    (1) The general assembly hereby finds that:
    (a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;
    (b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
    (c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;
    (d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.
    2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
    (b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
    Source: L. 2000: Entire section added, p. 1009, 2, effective August 2. L. 2003: Entire section amended, p. 651, 1, effective March 18.[/U]
    [/B][/B]

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    I see no mention in the above citation of OC being legal as you attest.

    You should know that the City & County of Denver have legally restricted OC as they won their court case based on home rule.

    "Denver, which has some of the strictest firearm laws in the metro area, challenged the state legislation as a violation of its authority as a home-rule city. Two Denver district judges ruled that while the state legislation overrode some ordinances, Denver still had the right to regulate assault weapons, so-called "Saturday night specials" and the open carrying of firearms in public. Denver District Judge Joseph E. Meyer ruled in 2004 that Denver's dense population and violent crime rate outweighed the state's need for uniformity in gun laws."
    http://judgepedia.org/Colorado_Supre...lections,_2008
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    THe CRS

    Grape I trully respect your opinions but I believe this one may be slighly off

    OC in Denver is not allowed UNLESS you are just passing through in a vehicle and need to make an incidental stop, from what the CRS says below IMHO it seems you can travel with a firearm OC or CC

    ) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
    (b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    You have quoted the applicable preemption statute but still ignore or miss the point that Denver can and does legally restrict/deny OC as a result of the previously mentioned court case - such is an exception to the statute.

    Yes one can transport a gun from one place in which it is legal to another place it is legal - but there are conditions and they do not include OC in Denver. There is no general exception to allow a Colorado resident to travel (take a short cut) through Denver OCing.

    Stop to buy gasoline, have someone call an officer because you are OCing and see if Denver's restriction holds up in court. Surely you are not volunteering to be a test case.

    Best to drive around Denver if you refuse to not OC and otherwise follow the laws while on their turf.
    Last edited by Grapeshot; 03-05-2015 at 06:16 AM. Reason: fixed
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member solus's Avatar
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    Grape, while there is a court ordered exemption, the other statute CH mentioned, 18-12-105.6, is outside of the court ordered mandate for 'driving' through Denver & county. as pointed out though, your drive through must not be your final destination per se.

    or perhaps we are missing what ye are specifically seeking, especially since your NRAILA link states:

    quote: Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. unquote

    which is what 105.6 specifically allows...

    as you pointed out, the mandate is for carry in public...xporting in a vehicle is not considered carry in public, per se.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by solus View Post
    Grape, while there is a court ordered exemption, the other statute CH mentioned, 18-12-105.6, is outside of the court ordered mandate for 'driving' through Denver & county. as pointed out though, your drive through must not be your final destination per se.

    or perhaps we are missing what ye are specifically seeking, especially since your NRAILA link states:

    quote: Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. unquote

    which is what 105.6 specifically allows...

    as you pointed out, the mandate is for carry in public...xporting in a vehicle is not considered carry in public, per se.

    ipse
    Legally transporting a firearm from one location to another does not including OCing a handgun and getting out to pump gas while OCing, and going into the establishment to buy a pack of gum while OCing.
    Last edited by Grapeshot; 03-05-2015 at 11:20 AM. Reason: revised
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    agree to disagree

    I'll agree to disagree with you at this point and do some research and consultation with smarter law folks than me and get back to ya in the near future

  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by cch10000 View Post
    I'll agree to disagree with you at this point and do some research and consultation with smarter law folks than me and get back to ya in the near future
    I am open to be educated, taught new things. Will look forward to what you discover.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    I could be wrong, but it actually sounds like you are both agreeing to the same points, just not using language that allows the translation.

    OC is legal in Denver, in your vehicle.
    OC is not legal in Denver if you leave your vehicle.

    Good?

  20. #20
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    Quote Originally Posted by Colorado Luckydog View Post
    Has anyone ever made some sort of a map that shows where and where not you can OC in Colorado. I know you can't OC in Denver and Denver annexed properties but how do I know where Denver annexed properties are?
    Google "map of Denver county."

    The only other serious locations where OCing is a no-no is within 1,000 feet of a K-12 school. For that, you just have to use Google maps to see if there's any schools where you plan to be carrying.
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    From what I understood about it when I had done my own reading was basically, don't get out of your car if you are open carrying in Denver but that if you live in another area where the law allows you to store your firearm in your vehicle differently from the requirements of Denver than you can continue to do as you would in your vehicle where you live. I am not a lawyer though.

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