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Thread: Westminster OC illegal

  1. #1
    Regular Member reefteach's Avatar
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    My ability to carry concealed in CO on my FL permit as an OH resident is gone because of SB34. I just figured I would open carry instead, but the butterfly museum in Westminster had to be crossed off of the itinerary because of the following:


    > the Westminster municipal code 6-2-10:
    >
    > (E) It shall be a criminal offense for anyone, other than a police
    > officer, an armored car employee providing money transport from a city
    > facility, a private security guard hired by the city, or an authorized
    > city employee, to carry any weapon in view onto or in a city
    > premises. Possession of a concealed handgun permit shall be of no
    > defense if the handgun is carried in such a manner as to be visible,
    > in whole or in part, or accessible for any length of time to another
    > individual.

    Did I ever mention I hate being anywhere near Denver?

  2. #2
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    What does the word "premises mean" - a city building?

    I think you are OK to OC on the public streets, sidewalks, parks, and establishments open to the public, no?

  3. #3
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    I've OC'ed in Westminster many, many times - that law in their municipal code predates state preemption from 2003. I've never had a problem, despite being in bowling alleys, movies, "downtown" city streets... just go ahead and act normally while carrying openly and no one will give you a hard time on the law enforcement end. I can't vouch for any private property owners, as that's a crap shoot. Being so close to Denver means many owners are going to be fairly anti-gun.

  4. #4
    Regular Member reefteach's Avatar
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    Thanks, I guess the next question would be is the butterfly museum owned by the city.



    OK, Strike that. Lets see if I am correct here:

    Because Westminster's ordinances are preempted, they are unenforceable.

    Westminster is not in Denver, who is exempt from preemption because of a lawsuit.

  5. #5
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    Even with the new state law they have the right to ban certain specific areas, such as city buildings, if they post at every entrance that open carrying is illegal on that premise. I saw a sign like that in Dillon at the recreation center and that isan enforceable sign. Also, in the city code it states it is illegal to carry openly in the recreation center, but had they not posted it, it would be unenforceable.

  6. #6
    scubabeme
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    I've attached a copy of the entire COW (City of Westminster) municipal code from that section, downloaded from their website today. The highlighting/bolding is my own.

    Essentially, if COW owns it, it's City Premises and no one but police (and a few other specific exceptions) can carry a weapon that is visible at all. However...

    Only the buildings, that I have seen, have signs on them expressly forbidding "deadly weapons," so technically no OC in parks is unenforceable if I read other area correctly.

    Don't know if it's, OC that is, really legal or not, on city property (but not in a building), but CC is OK as long as it is completely concealed.

    I'd say play it safe and don't try it.

  7. #7
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    They can prohibit but state law still requires that signs need to be posted at every entrance prohibiting open carry!

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