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Thread: New to CO, oc question

  1. #1
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    New to CO, oc question

    Hi I just moved to co and am waiting on my cwp to be approved. Have been oc ing in the meantime. Walking with the wife past a park in highlands ranch close to home and saw the sign that said no firearms etc. Wondering if that is legally binding or if it is superceded by state law? Thank you

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    FYI, it's called a CHP here (Concealed Handgun Permit). They use that term specifically so it doesn't include all weapons (like a larger knife or an Asp baton, for example).

    As for signs, the only places where it is legally binding is federal buildings (because it's illegal to bring firearms in, signs or not), some buildings in local and state jurisdiction (they must be posted, though).

    I believe the only outright OC bans are in Denver and Breckenridge (I've confirmed the first, but not the second - that's only hearsay).

    You also cannot bring an openly carried firearms on to the real property of a school (K-12), or within 1000 feet beyond that. When you get your CHP, that will allow you to carry on to the real property, but only in your car, and it must stay in your car if you get out (I leave mine in my car safe when I attend my niece's school plays) - even if you have your CHP, you cannot bring it out of the car. The same goes for U.S. Postal Service - okay for the parking lot, but not into the building.

    State-owned colleges are required to allow concealed carry, but most ban open carry. Private colleges are private ground, so their rules apply.

    On that matter, private ground means they can kick you out for any reason. If they catch you carrying, while the signs might have no force of law, trespassing laws can still be applied. So if they ask you to leave - do so immediately. Don't argue, don't try to convince them to change their mind. Get off their property and address it from outside or via mail/email/phone if it matters to you (I just tell them I'm not returning with any of my money).



    Anyway, those are the usual questions for Colorado carrying. As for the rest, open carrying isn't exactly common, but I regularly do so without issue. I've seen one person caught off guard that I was carrying (she physically reeled back, even though nobody touched her), and one person come up to me to shake my hand because I was openly carrying. Multiple non-interactions with cops, but not all of them are as cool about things as Lakewood PD is.



    EDIT: Oh, and uh...Welcome to OCDO.
    Last edited by jackrockblc; 05-06-2015 at 12:27 AM. Reason: Added welcome. / Corrected Arvada information.

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    Awesome. Thank you for the help. Only issue I see is the 1000 ft. rule as this park is next to an elementary school. Is it school property or building that must be 1000ft away from?

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    Quote Originally Posted by portojon View Post
    Awesome. Thank you for the help. Only issue I see is the 1000 ft. rule as this park is next to an elementary school. Is it school property or building that must be 1000ft away from?
    The school's real property - that means anything that is school grounds, not just the building. When you get your CHP, you can generally ignore this radius (with the limitation of leaving it in the car if you exit the vehicle) - it gets kind of weird.
    Last edited by jackrockblc; 05-04-2015 at 03:51 PM.

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    Quote Originally Posted by jackrockblc View Post
    I believe the only outright OC bans are in Denver, Aurora and Breckenridge (I've confirmed the first two, but not the third).
    Do you have a source for Aurora OC ban?

    As far as city parks:
    29-11.7-104. Regulation- Carrying - Posting
    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.
    Last edited by Dario; 05-05-2015 at 11:56 PM.

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    Quote Originally Posted by Dario View Post
    Do you have a source for Aurora OC ban?

    As far as city parks:
    Whoops! Meant to say Arvada, not Aurora.

    Interestingly, I have read a specific Arvada municipal code that said that there is an outright ban. But the version I'm finding on municode.com has a much more narrowly-defined scope on an OC ban. (i.e., it specifies what it means to say "specific area")

    What I find odd is that I know how I found the "other" version, but now that page seems to have been taken down. Odd, since that was only 3-4 weeks ago.

    For now, I retract that part of my statement, and will edit my previous post. I hope this new edit remains accurate, as I'm in Arvada regularly.

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    The reason I ask is because I had that issue in Lafayette. I posted this thread about my experiences and actually got them to change the statute in accordance with state law. AFAIK the only city that can ban OC is Denver and they had to sue the state in order to get it. It may still be on the books in some towns but it holds no weight
    Last edited by Dario; 05-06-2015 at 12:40 AM. Reason: Found thread

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    Quote Originally Posted by Dario View Post
    The reason I ask is because I had that issue in Lafayette. I posted this thread about my experiences and actually got them to change the statute in accordance with state law. AFAIK the only city that can ban OC is Denver and they had to sue the state in order to get it. It may still be on the books in some towns but it holds no weight
    Yeah, somebody told me Breckenridge banned it too, but I can't find a legal basis on that claim. I'm guessing it was a de facto ban, meaning that local LE will harass/detain/arrest people for it, but it's not a criminal office (unlike said detainments).

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    The Breckinridge "ban" gets repeated over and over but appears to have absolutely no basis in fact.

    (So please stop repeating it if you are one of the repeaters.)

  10. #10
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    Quote Originally Posted by SteveInCO View Post
    The Breckinridge "ban" gets repeated over and over but appears to have absolutely no basis in fact.

    (So please stop repeating it if you are one of the repeaters.)
    That's why i qualified my original statement about it.

  11. #11
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    Quote Originally Posted by Dario View Post
    AFAIK the only city that can ban OC is Denver and they had to sue the state in order to get it.
    For clarity, that's a little backwards with respect to the way it went down. It's important to know it went down, too, as it carries implications for all non-Denver areas.

    Essentially:

    1. Denver enacted a law banning firearms (or was it just OC?)

    2. The People sued Denver.

    3. The case went to the State Supreme Court, which hung.

    Thus, the legality of Denver's ban was never actually decided. It's like forfeiting a little league baseball game for lack of sufficient players.

    Here's the importance: If we toss more of Denver's ridiculously pathetic anti-gun liberals out on their ears, we may very well find ourselves in a situation where legislation, if not the Colorado Constitution, is amended for Constitutional Carry.

    That's what I'm hoping, anyway.
    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.

  12. #12
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    Quote Originally Posted by jackrockblc View Post
    I believe the only outright OC bans are in Denver and Breckenridge (I've confirmed the first, but not the second - that's only hearsay)
    Officially, there is still a ban on the books in Golden, as well as some of the other localities. But as stated previously in this thread and others, those bans fly in the face of the Colorado statutes and are void. But they are still on the books.
    While there should be no problem in regards to them, there are occasional mishaps (Colorado Springs park incident couple years back) and so you should be aware that such discrepancies do exist.

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    Quote Originally Posted by JamesB View Post
    Officially, there is still a ban on the books in Golden, as well as some of the other localities. But as stated previously in this thread and others, those bans fly in the face of the Colorado statutes and are void. But they are still on the books.
    While there should be no problem in regards to them, there are occasional mishaps (Colorado Springs park incident couple years back) and so you should be aware that such discrepancies do exist.
    Interesting. I work in Golden, so I looked for an OC ban, and didn't find one. I will look again.

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    Do CO towns also have laws against marihuana still on the books too? If they have one but not the other it makes you wonder Why?


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    Quote Originally Posted by HPmatt View Post
    Do CO towns also have laws against marijuana still on the books too? If they have one but not the other it makes you wonder Why?
    They might. I'd have to look at each municipality to determine, and I'm not that interested in marijuana laws. I don't smoke it, but I don't care if anybody else does as long as it stays away from me, away from my house, and off the roads.
    Last edited by jackrockblc; 05-25-2015 at 07:53 PM.

  16. #16
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    Just curious if towns took the time to scrub conflicting ordinances re: pot but not OC.

    Last year in Vail asked the mom driving our airport van what the company driver policy was for pot smokers - she said it was 12 hours prior to driving. She didn't know what it was for their mechanics (brakes, steering, wheel nuts..). Not a comforting thought....duuude. Neither riding in the van nor on the road next to it.


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