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Thread: First OC experience

  1. #1
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    I came upon this website a couple of months ago when I was looking into getting my CHL. After reading all the experiences I decided that I wanted to start open carrying myself. As it turns out Denwego and I both attend the same University, and he was good enough to meet me and answer my questions.

    Today my Blackhawk CQC holster came in the mail. As chance would have it, i needed to stop by the local Wal-Mart (Superior, CO) and pick up some groceries. I opted for the paddle holster instead of the belt, tucked in a polo shirt and off i went. No one seemed to mind even though several people noticed including the door greeter who was very nice towards me when i exited and entered the store. My roommate went to get some beer for tonight’s Game 4 Rockies game. I found him at the beer isle talking to a woman about a six pack. I walked up and she looked at me, her eyes went wide and she said "you can carry that?" i responded, "Yes, open carry is legal in Colorado." She said, "oh, ok, I’m from Texas." We then proceeded to talk about the Rockies, and off she went.

    Overall, it was a very positive experience. I was a little worried what people reaction would be because I’m 23 but look younger. Thanks to this site, and especially Denwego for helping me out.

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    Hey, welcome to the family! Keep up the good work.

    LoveMyCountry

  3. #3
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    Good for you man and also welcome! Don't want to sound like a cynic, but definitely be prepared for that first LEO encounter doing it. You need to play it out in your head, and build a little confidence. If not, they will very likely trample all over your rights, and nobody wants that. Not trying to discourage you in any way, I just want you to expect the worst when it comes to LEO encounters as many of us here can attest to, they can end up being pretty unpleasant.

    I don't know how many others here have actually been arrested for it, but I have, and it ain't know fun. (technically OC is legal in Alabama, but the laws are vague and conflictual)

  4. #4
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    Welcome to OCDO! Glad to know there's yet another new OCer! Just remember the law is on YOUR side. Know the laws... and be situationally aware.
    See you around on here.
    Corsair

  5. #5
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    vmathis12019 wrote
    I don't know how many others here have actually been arrested for it, but I have, and it ain't know fun. (technically OC is legal in Alabama, but the laws are vague and conflictual)

    Not arrested, but I was threated with arrest for OC when I lived in Alabama many years ago. I pointed out that OC was legal but the LEO said I would be charged with "menacing" or "creating a public disturbance" or some such vague charge.

    I've never had any trouble w/ OC here in Colorado though.

  6. #6
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    There are a few places that OC is not legal (state pre-emption not withstanding) Parker, Denver, and Breckenridge are the three right now that have passed anti OC ordinances. CC with a valid permit is fine in these three localities, but OC is a no-no.
    Rocky Mountain Gun Owners has some really good info on the subject. www.rmgo.org for your perusal.

  7. #7
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    Evil Ernie wrote:
    There are a few places that OC is not legal (state pre-emption not withstanding) Parker, Denver, and Breckenridge are the three right now that have passed anti OC ordinances. CC with a valid permit is fine in these three localities, but OC is a no-no.
    Rocky Mountain Gun Owners has some really good info on the subject. http://www.rmgo.org for your perusal.
    Actually, to the best of my research, Parker county does not have a restrictionagainst OC. The only restrictions they have is 8.09.020 Carrying Weapons, which restricts the unlicensed concealed carry of a weapon, but not open carry. This ordnance reads:



    8.09.020 Carrying weapons.
    (a) It is unlawful for any person knowingly to carry a knife or firearm concealed on or about his or her person; provided that this Section shall not apply to persons in their own domiciles or places of business or on property owned by or under their control at the time of the act of carrying, or to persons in private automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's or other's person or property or for any other legal purposes.


    (1) Nothing in this Subsection shall apply to peace officers or members of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of their duties.


    (2) Nothing in this Subsection shall apply to persons who possess a valid permit or license to conceal such weapon or weapons, which license or permit was duly issued pursuant to applicable state or federal law.
    Some have tried to assert that 8.09.050 BrandishingDeadly Weapons covers open carry, however, this ordnance clearly explains that there must be intent to alarm in the manner the weapon is displayed, thus, simply carrying a holstered or otherwise secured weapon is not a violation. This ordnance reads:



    8.09.050 Brandishing deadly weapons.


    (a) It is unlawful for any person to display, brandish or flourish a deadly weapon in a public place in a manner calculated to alarm or for any person to intentionally and without lawful excuse, justification or purpose, aim or point a firearm at another person; provided that the provisions of this Section shall not apply to any situation that constitutes a felony under State law.


    Breckenridge does have an ordnance against open carry, but it only applies to certain city owned properties as allowed by State law. The wording mirrors that of state law in requiring such properties be clearly posted and places that responsibility on the police chief. They also list the affected properties in the ordnance. Although I have not visited any of the listed facilities in Breckenridge, I have been through there several times and stopped on each occasion and I have never seen a posting on any of the shops I visited and I have OC'ed there without incident. The Breckenridge ordnance reads:


    6-3E-11: OPEN CARRYING OF FIREARMS PROHIBITED:


    A. Where signs are posted as required by subsection B of this section, it shall be unlawful for any person to openly carry a firearm in or upon any real property owned or used by the town to which the general public has access, including, but not limited to, the following town owned or used buildings and areas located in the town of Breckenridge and county of Summit:


    1. Buildings:


    Breckenridge Recreation Center, 0880 Airport Road.; Breckenridge town hall, 150 Ski Hill Road.; Riverwalk Center, located at 150 West Adams Avenue.; Stephen C. West Ice Arena, 0189 Boreas Pass Road.; Town of Breckenridge Golf Club/Gold Run Nordic Center, located at 0200 Clubhouse Drive.; Town of Breckenridge Intermodal Center.; Town of Breckenridge public works facility, located at 1095 Airport Road.; Town of Breckenridge Theatre Facility, located at 121 South Ridge Street.


    2. Areas:


    All town owned recreational trails.; Blue River Plaza.; Carter park.; Cucumber Creek open space area.; Kingdom park.; The Riverwalk (between Ski Hill Road and South Park Avenue).


    As for Arvada, I have found nothing in their ordnances that address open carry and they were unable to provide me with anything either.


    To date, the only City in Colorado that has a clear cut restriction on open carry is the City/County of Denver. While RMGO lists these locations as having OC ordnances, they actually do not and Iaddressed this with Dudley some time back and he has yet to change the website or provide the pertinent ordnances, so, unless there has been a recent change to the ordnances in these places, they do not, as of last check, restrict open carry.


    If anyone has any information to the contrary or knows of newly passed ordnances, please let me know where to find it. It is certainly possible for local governments to pass new ordnances on the heels of Denver that will carry the same authority. Asstated in the highcourts ruling, the State of Colorado has no law allowing for open carry (they merely have nothing restricting it), thus, there is for preemption to preempt. This is why Denver prevailed and why other cities/towns could do the same. If the state would pass a law allowing OC then preemption would negate the Denver ordnance and all like it, but until that happens, we are merely at the will of the local governments to restrict OC if they wish.


    Take care all,


    Doc

  8. #8
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    You're right Doc. After rereading the ordinances, there really is no law against OC in these municipalities. I gotta wonder then, why was this statement made? Was it because of the City/Town owned property bans? Thats the only thing I can think of. Although
    "any real property owned or used by the town to

    which the general public has access,"

    as stated in Breck's ordinance, leaves a bit to the imagination. There is however a list of specified areas where even CC with a permit is offlimits. No too goodly in my opinion. Also, Breck has a No Weapons ordinance in establishments that serve hooch.

    The claim that Parker is offlimits is bumkus unless there's a more current version thats not available online. I even went to their town website and it's the same ords that RMGO shows.

    I'm wondering if these towns were listed just because they had actual OC mentions in their ordinances. Eh, who knows?

    I think I'll shoot Dudley an email as well. This isn't right.

  9. #9
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    Evil Ernie wrote:
    You're right Doc. After rereading the ordinances, there really is no law against OC in these municipalities. I gotta wonder then, why was this statement made? Was it because of the City/Town owned property bans? Thats the only thing I can think of. Although



    "any real property owned or used by the town to




    which the general public has access,"




    as stated in Breck's ordinance, leaves a bit to the imagination. There is however a list of specified areas where even CC with a permit is offlimits. No too goodly in my opinion. Also, Breck has a No Weapons ordinance in establishments that serve hooch.




    The claim that Parker is offlimits is bumkus unless there's a more current version thats not available online. I even went to their town website and it's the same ords that RMGO shows.




    I'm wondering if these towns were listed just because they had actual OC mentions in their ordinances. Eh, who knows?




    I think I'll shoot Dudley an email as well. This isn't right.
    Yes, I think it is mainly due to people misreading or misinterpreting the statutes and in many cases, misinformation spread by various means than goes unchecked. It is surprising how many people have trouble interpreting and understanding the content of written documents.

    As you pointed out, that "any real property" statement in the Breckenridge ordinance leaves it wide open to application, however, the posting requirement included limits it's application to confined properties capable of proper posting,thus, city streets are not at risk. Likewise, few places are actually posted there, so it is not a real issue other than the potential for them to post more widely at some point.

    As for the current versions of local ordinances, I have contacted these locations directly and it appears these are the current versions of their ordinances, so as you pointed out, unless new revisions have been adopted that are not being made readily available, this is where the issue currently stands.

    Take care and be safe,

    Doc

  10. #10
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    My first open carry was for a 180 mile drive up to Fresno for Federal Jury Duty, got the telephone verification that I was to report at 8:00am Monday when I called in after 5:00pm Sunday evening.

    Since it was nighttime and Highway 58 and99 are fairly rural roads and I figured if I got a flat or something, it would be wise to be armed in the middle of nowhere.

    I hit a couple of drive-thru windows on the way up, and stopped at a couple of rest areas, got a couple of strange looks from a few truckers at the rest areas, but nobody said anything, and if anyone called the cops, they didn't show up until well after I was back on the road.

    The hotel I stayed at dealt a lot with Jury Duty so they said I couldkeep my room until 5:00pm on Monday without any additional charge just in case I was held over for a trial. This was good because I don't like leaving a firearm locking in my car, and they definitely wouldn't allow it in the courthouse. The hotel room had a self programmable valuables safe, so I kept my gun and my knife there while at court.

    I never felt quite so naked as when I walked the three blocks to the courthouse. Im am almost never without at least a knife. Luckily I didget to bring my mini-maglite with me as it is technically not a weapon, though if you know how to use it it can be a quite deadly weapon.

    About 3:00 I was released from the jury pool to go home. I stopped by the Hotel,strapped on my gun, and checked out.Nobody noticed or at least I didn't see anyone panicing. I got in my car and hit the road for home.

    I stopped to fill up in Tehachapi, used my credit card at the pump so I didn't have to go into the station, left without any incident.

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