TheDuellist
Regular Member
imported post
Hello all,
I've been lurking on the forums for a short while now and just took the step to register and participate since I've seen a really cool gun community and such good responses. I hope these questions haven't been covered ad nauseum...I apologize in advance for the length of this post
I'm relatively new to Boulder, formerly in the USMC, and starting grad school at CU. I just picked up my CO CCW since my KY one is no longer valid here with my CO residency and I stopped by the Boulder PD to get some clarifications on OC statutes/laws. It is my understanding that CO doesn't have brandishing laws but does have menacing and disturbing the peace laws (and Boulder has "flourishing" statutes) so I wanted to get an officer's interpretation of the CC -> OC transition, like if I was CC walking to my vehicle and took my jacket off before I got in, even though I had no intent to cause alarm, how would that be interpreted if someone saw and freaked out? I talked to two officers who gave me some information that I wanted to verify. First, when I mentioned i had a concealed handgun permit they asked what it was and said they issue concealed weapon permits here. I showed them my permit (that says "Concealed Handgun Permit") and said I understood my permit to allow me to carry a handgun concealed, but not any concealed weapon, like a 5" knife or something. They seemed surprised, which surprised me. Then they said the CC->OC transition would be covered by OC laws, which they advised me in Boulder proper requires me to have no ammunition in the handgun. I could have a loaded magazine, but it had to be separated from the handgun, which surprised me based on what I had read on these forums. They directed me to the 1981 Boulder Revised Code @ http://www.colocode.com/boulder2/index.htm .
Ok, so in the defenses section it covers the typical "home, conveyance, business" exceptions for having a loaded firearm and here for concealed carry:
I couldn't find, however, anything giving allowance for loaded firearms OC here in Boulder. So, what these officers (and I'm sorry, I didn't get their names...I caught them at the PD right at 5pm as they were leaving..the PD on the Hill) were saying was that when i took off my jacket I would have to unload my weapon if I continued to OC, which brings up another problem of handling a pistol in public, which seems like a catch-22. Can anyone verify this or tell me if I'm missing something obvious here? I've OC'd numerous times since I've moved here, as in KY anyone without a gun is looked at weird, which is kinda opposite of what I'm seeing here! I understand that CC is specifically covered by Part 2, 18-12-2* statutes but that OC is allowed in CO simply because it hasn't been explicitly criminalized and actions here may be covered (along with use of deadly force) under the 18-1-7* revised statutes.
Please set me straight if I'm way off base here as I am far from being a lawyer....I'm a stranger in a strange land and I'm just trying to wrap my head around these inconsistencies and be a diligent, responsible handgun owner. Oh, in looking at these statutes I also found out that my dog has to get a license here in Boulder, which is sorta foreign to me. I mean, my dog doesn't even own a car...
Well, I had a couple other questions and an OC story that happened to me over the weekend but since this post is already obscenely long I'll save them for a possible other post. Thanks if you made it this far and for any advice and clarification you can provide!
Hello all,
I've been lurking on the forums for a short while now and just took the step to register and participate since I've seen a really cool gun community and such good responses. I hope these questions haven't been covered ad nauseum...I apologize in advance for the length of this post
I'm relatively new to Boulder, formerly in the USMC, and starting grad school at CU. I just picked up my CO CCW since my KY one is no longer valid here with my CO residency and I stopped by the Boulder PD to get some clarifications on OC statutes/laws. It is my understanding that CO doesn't have brandishing laws but does have menacing and disturbing the peace laws (and Boulder has "flourishing" statutes) so I wanted to get an officer's interpretation of the CC -> OC transition, like if I was CC walking to my vehicle and took my jacket off before I got in, even though I had no intent to cause alarm, how would that be interpreted if someone saw and freaked out? I talked to two officers who gave me some information that I wanted to verify. First, when I mentioned i had a concealed handgun permit they asked what it was and said they issue concealed weapon permits here. I showed them my permit (that says "Concealed Handgun Permit") and said I understood my permit to allow me to carry a handgun concealed, but not any concealed weapon, like a 5" knife or something. They seemed surprised, which surprised me. Then they said the CC->OC transition would be covered by OC laws, which they advised me in Boulder proper requires me to have no ammunition in the handgun. I could have a loaded magazine, but it had to be separated from the handgun, which surprised me based on what I had read on these forums. They directed me to the 1981 Boulder Revised Code @ http://www.colocode.com/boulder2/index.htm .
Code:
5-8-8 Possession of Loaded Firearms.
(a) Except as set forth in this chapter, no person shall possess a loaded firearm or a loaded gas or mechanically operated gun.
(b) For the purposes of this section, a firearm is loaded if there is a projectile, with charge,22 in the chamber, in the cylinder, or in the clip in the firearm.
(c) A peace officer shall not undertake an arrest under this section without first giving due consideration to the city's burden of proof with regard to the affirmative defenses set forth in section 5-8-22, "Defenses," B.R.C. 1981.
Ok, so in the defenses section it covers the typical "home, conveyance, business" exceptions for having a loaded firearm and here for concealed carry:
Code:
(d) It is a specific defense to a charge of violating sections 5-8-8, "Possession of Loaded Firearms," and 5-8-9, "Carrying a Concealed Weapon," B.R.C. 1981, that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under the statutes of the State of Colorado.
Please set me straight if I'm way off base here as I am far from being a lawyer....I'm a stranger in a strange land and I'm just trying to wrap my head around these inconsistencies and be a diligent, responsible handgun owner. Oh, in looking at these statutes I also found out that my dog has to get a license here in Boulder, which is sorta foreign to me. I mean, my dog doesn't even own a car...
Well, I had a couple other questions and an OC story that happened to me over the weekend but since this post is already obscenely long I'll save them for a possible other post. Thanks if you made it this far and for any advice and clarification you can provide!