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Thread: Open carry in Parker

  1. #1
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    Hi, all. New member here.

    I'm wondering if anyone has any experience with open carry in Parker. I noticed on the RMGO website they mentioned that open carry was prohibited in Parker. After carefully reading all that the Parker municipal code has to say about firearms, this is the only thing I could find that could possibly relate to it:

    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.

    Now, unless Parker considers the mere carry of a holstered firearm on one's belt to be "brandishing" or display "in a manner calculated to alarm", I don't see a problem with open carry. Anyone have any indications to the contrary?


  2. #2
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    Welcome to the forums Greyhound!!!
    This matter has been discussed by a few of the forum members and we've come to the same conclusion: There's nothing to show for an ordinance against OC in Parker. There have been a few emails sent to Dudley over at RMGO to address this but I don't think he's checked it or changed it.
    By common sense and a general definition, brandishing or flourishing requires the sidearm to be held in the hand and waved or held (such as at gunpoint) menacingly.
    But remember, I'm not a lawyer so don't take my word for it. Parker PD may have their own definition of brandish and flourish...
    The only thing I can think of is that RMGO made that entry prior to the preemption portion of the Colorado revised statutes.

    Heres our previous discussion:
    http://opencarry.mywowbb.com/forum13/7337.html

  3. #3
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    That's how I read it. A holstered weapon is not a brandished weapon. I haven't actually OCed in Parker yet but I plan to. Did Castle Rock yesterday. No drama. I would think it's best to have your CCW to give you that extra bit of legitimacy with the LEOs though.

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    I have run across several places saying OC was illegal in Parker and Arvada, but nothing to back it up. There is a state preemption anyway, so even if they did the law would be illegal (although it could get exensive to try and prove it). City/County of Denver is the only place where OC is illegal.

  5. #5
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    I do have my CCW, but sometimes it would just be more convenient to OC. I did notice a guy one evening at Papa Murphy's in Parker who was oc'ing and didn't appear to be a cop. No one gave him a second glance as far as I could see.


  6. #6
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    A few days ago I emailed RMGO, asking about the statement on their website that Parker prohibits OC. Today Dudley Brown replied to my message. This was his response:

    I need to modify our FAQ, as I believe about a year ago we found this was not true (i.e. they have no open carry prohibition).
    Guess they're a bit slow updating the website!


  7. #7
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    Good work Grey!! :celebrate

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    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.


    Reefteach recently brought this CO revised statuteto light. It allows a local government to prohibit open carry in a building or specific area, provided all entrances are soposted. It does not allow a city to declare a general prohibition inside the city limits, however--Denver is the only exception.

    So Parker could enact an ordinance to ban open carry in specific and posted locations. I don't know whether Parker has such an ordinance.



  9. #9
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    There's nothing I've been able to find in the Town of Parker municipal code that bans open carry in any building or area. You can view or download the municipal code in PDF format on the town website, http://www.parkeronline.org
    Click on Town Departments, then Town Clerk's Office. Chapter 8.09 deals with weapons.




  10. #10
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    A few months ago, I had to stop at the Parker Town Hall/Police Department to ask directions to Arma Rifle....I just happened to pull in next to a LEO and, with empty holster, asked him about any prohibition to OC on Parker. He was not aware of any but had to add that people would feel very threatened and call the cops all day about a 'man with a gun.' Of course, that really doesn't happen too often if you're not brandishing. And, in the absence of a valid regulation prohibiting OC in Parker, I do.

  11. #11
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    Here is a reprint of a post I made some time ago in a similar thread concerning Parker. I have OCed in Parker numerous times without a single problem.



    Originally posted Nov. 2007:

    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

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