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Thread: Open Carry in City of Denver

  1. #1
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  2. #2
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    That would be awesome, but I have heard not even a rumor of OC being legal in the city/county of Denver. Fortunatly, once you get out of Denver, you probably will have little problems OC'ing. Well, let me say I have had little problems OC'ing in the eastern suburbs of Denver (Aurora, Centennial, Parker ect.)

    What part of Denver are you living in?

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    This is something that's been turning over in my head for several months now, since the day of the shooting down at the state capital. The shooter went in to a tuxedo shop to rent the tux he was wearing later in the day when he was killed in the statehouse, and while he was there he was openly carrying a .357mag revolver and a bowie knife. The girl working the counter called 911 to report that he was "acting in a deranged manner," which was to the tune of him calling himself "the emperor" and saying he'd kill anyone who stood in his way.

    They replayed the tape on the news that night, and while the girl mentioned him carrying a pistol and a knife, the dispatcher on the other end of the line seemed utterly uninterested in the fact. This is, of course, an example of the very rare case where a genuine nutjob hurts our cause, but the fact remains that even a 911 call went unheeded in what was unmistakably downtown Denver.

    The law as it stands is thus:

    Sec. 38-117. Dangerous or deadly weapons--Prohibitions.

    (b)It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to carry, use or wear any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or anyexplosive device, incendiary device or bomb, or any other dangerous or deadly weapon.

    Following this, there is a string of exemptions and defenses. In this way, Denver isn't much different from many other places in Colorado in still having a law on the books... instead, Denver is unique because it alone has the authority to still enforce the law. And that may be the crux of what your two sources said: they may no longer be willing to pursue such cases much in the same way that they are (voter mandated) no longer pursuing misdemeanor marijuana offenses in Denver. I can't say that I'd blame them, considering the city has much bigger concerns with legitimate crime. But, as of today, Denver still has the power to try and stop OCers. I'd not want to be a test case, but you're not alone in thinking that change is happening in Denver, unbeknownst to us. I'll keep my eyes open!

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    I live near Broadway and Alameda. I started researching gun laws and discovered that open carry was permitted in CO because I feel much more at ease walking to and from my car (on-street parking) with my gun, especially in the light of recent activities near the club "Blue Ice" and assaults nearby. Now that I know that I can carry open I am much more comfortable to be within laws, even though I am looking at obtaining my CCW.
    Yesterday I spoke with a woman at the Denver PD in the R&D department. She told me that what has happened is that there have been a few cases of OC in Denver, but they have never held up because there is some state law prohibiting cities from having "more prohibitive" restrictions than the state itself. What do you all think of this? Was there anything in the Nov 2nd election that may have changed the laws?

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    State Pioneer ConditionThree's Avatar
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    blindsideboarder wrote:
    Yesterday I spoke with a woman at the Denver PD in the R&D department. She told me that what has happened is that there have been a few cases of OC in Denver, but they have never held up because there is some state law prohibiting cities from having "more prohibitive" restrictions than the state itself. What do you all think of this? Was there anything in the Nov 2nd election that may have changed the laws?
    It sounds like what the woman is talking about is preemption. If I were to try to look up anything it would be that. You might try looking in the Colorado State Constitution- at least in California, thats where we find our 'preemption' language cannonized.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    blindsideboarder wrote:
    I live near Broadway and Alameda. I started researching gun laws and discovered that open carry was permitted in CO because I feel much more at ease walking to and from my car (on-street parking) with my gun, especially in the light of recent activities near the club "Blue Ice" and assaults nearby. Now that I know that I can carry open I am much more comfortable to be within laws, even though I am looking at obtaining my CCW.
    Yesterday I spoke with a woman at the Denver PD in the R&D department. She told me that what has happened is that there have been a few cases of OC in Denver, but they have never held up because there is some state law prohibiting cities from having "more prohibitive" restrictions than the state itself. What do you all think of this? Was there anything in the Nov 2nd election that may have changed the laws?
    This makes little to no sense in light of the case of City and County of Denver v. State of Colorado case last year. What essentially happened is that the Denver District Court ruled SB03-25 a violation of the home rule provisions of the state constitution, and that the city direct appealed to the state Supreme Court. The State Supreme Court issued a 3-3 split decision, which by operation of law, affirms the lower court's judicial ruling but limits the effects to the lower court's jurisdiction.

    The District Court stated the following: Concealed handgun carry with a CCW is legal despite state law. Open carry could be prohibited on foot, but cannot in a car.

    The reason why the Supreme Court was 3-3 deadlocked was because of the fact that the 7th Supreme Court justice, who was appointed by now former Governor Bill Owens, was arguing on the state's behalf when the City of Denver sued the state. Essentially, by judicial canon, she must recuse herself.

    This, however, does not apply to future court cases. For some reason, the gun owners in Colorado will not go to court again, which is beyond stupid, considering SB07-34 which essentially bans someone with a non-resident CHL from carrying in Colorado, which means that my only choice is open carry, which is banned from the largest city and state capital, which also encompasses DEN (Denver International Airport).



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    Regular Member Anubis's Avatar
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    The Meyer decision: http://www.rmgo.org/alerts/2004-denverruling.htm

    Points in the decision relevant to this thread:

    1) Colorado state law allowing loaded handgun in vehicle without CCW permitis legal, including within Denver

    2) Denver law prohibiting open carry in Denveris legal.

    I am aware of no recent event changing any part of the Meyer decision.

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