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Thread: Colorado laws related to open carry

  1. #1
    Regular Member Anubis's Avatar
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    No Colorado statute bans open carry outright, but there are a couple of restrictions; also in addition to the infamous Denver ban on open carry, there are a couple of other local ordinances in Parker, Breckenridge, and Pueblo concerning open carry.

    The Rocky Mountain Gun Owners have a web page with a lot of details (and citations of the statute text) on our firearms laws, including a section on open carry: http://www.rmgo.org/faq/index.shtml

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    Thanks - luckily the CO SC decision was 3-3, merely affirming the Denver ordiance. The other cities' ordiances were not affirmed, and with the new SC justice, they are not likley to be affirmed, but struck down 4-3, thus quashing Denver's OC ban as well.

    But CO residents should urge the Legislature to firther tighten it's preemption statute to remove any doubt about Denver being preempted.

  3. #3
    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by Anubis View Post
    No Colorado statute bans open carry outright, but there are a couple of restrictions; also in addition to the infamous Denver ban on open carry, there are a couple of other local ordinances in Parker, Breckenridge, and Pueblo concerning open carry.
    Howdy Folks!
    Parker, Breckenridge, Pueblo or any other local jurisdiction apart from City and County of Denver DO NOT have local ordinances.
    We have statewide preemption, and it renders any and all municipal orodinances moot:

    CRS 29-11.7-103. Regulation - type of firearm - prohibited.
    A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.

    See also:
    CRS 29-11.7-101. Legislative declaration.
    (1) The general assembly hereby finds that:
    ...
    (b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;
    ...
    (d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations;

    (e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;

    (f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;
    ...
    (2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:

    (a) The regulation of firearms is a matter of statewide concern;

    (b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.

    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.

    It's preemption. We have it, and live with it each and every day. I have open carried in each of the jurisdictions claimed to have ordinances prohibiting open carry... and done so in the vicinity of law enforcement officers. They know about preemption...
    People who live in Colorado, carry daily in Colorado, travel across the state of Colorado frequently, interact with law enforcement in the course of their daily carry, know where they stand regarding open carry in Colorado.

    Preemption, not just a good idea, it is the law!

    Blessings,
    M-Taliesin
    Last edited by M-Taliesin; 10-03-2013 at 08:22 AM.

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    Regular Member M-Taliesin's Avatar
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    Howdy Again!
    Oh, and lest I forget....
    I OC in Denver frequently, often in the company of cops.
    Never seem to have a problem.

    Would I recommend anybody OC in City and County of Denver? NO!
    I do it, and take my own chances.
    You do it at your own risk, bearing in mind: IANAL!!!

    Blessings,
    M-Taliesin

  5. #5
    Regular Member JamesB's Avatar
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    As long as we're going to bring this one back up out of the trash heap, the original reference to the gun law guide has moved.
    It's still intact just at a different address. Here's the new location:
    http://www.rmgo.org/political/gun-laws

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    7 years is a long time for a thread to be dead and buried. Believe a record has been set for necro posting.

    Would seem that a new thread with current link(s) would have been more appropriate.

    Thank you JamesB for providing the updated cite/link.
    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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