TheDuellist
Regular Member
imported post
Hi all,
You may know there's been a really good, healthy discussion here regarding OC'ing in Boulder with a loaded handgun. I have had several Boulder LEO's advise me that as per Boulder Revised Statute 5-8-8 (see the links in other threads I've posted here) it is unlawful to have your handgun loaded while OC'ing inside of Boulder. As I want to be a responsible handgun owner and remain lawful, I have been calling into the Boulder PD and trying to go up the chain of command to get a better clarification. I finally got an officer who was very adamant about wanting to ensure I got accurate and true information and was willing to do the work to make that happen, so this LEO got an opinion from the DA regarding this. My fiancee came in from a medical study abroad program on Monday and we ran out to the bank in a rush and I left my recorder at home, and of course, received the call while I was out, so I did not get this recorded but I did ask and repeat what I was told to ensure I understood correctly, and I wrote it down at the time I was being told and repeated what I wrote back. That being said, this is the DA's opinion requested and received by this officer, told to me on 7.22.08 at 1640 hours. Don't sue me over this good faith attempt to help us become more educated about this.
A loaded handgun is having ammunition in the magazine and the magazine in the magazine well, with or without a round in the chamber. I did not get any clarification regarding revolvers and having a hammer on an empty cylinder, so I won't even give my opinion on this.
In the city of Boulder, if you have a CCW, it is OK to carry a loaded handgun while carrying CONCEALED and OK to carry a loaded hangun while carrying OPEN. If you DO NOT have a CCW, it is UNLAWFUL to carry a loaded handgun OPEN, and of course, illegal to carry concealed at all (with exceptions provided for home/vehicle/business/etc statutes outside the scope of this email). Further, it is UNLAWFUL to carry a handgun CONCEALED OR OPEN WITHIN THE CITY OF BOULDER in ANY parks or open space. The officer and myself were both surprised at this last part. I asked something like "So, I couldn't carry concealed with a CCW in Chataqua?" and was advised no, it's within the city of Boulder. I then asked about the hiking trails on Flagstaff mountain (like around the halfway house trail up there that has "no firearms" plaquards posted) and she said that shouldn't be inside the city and said there should be a list online of what parks/open spaces were within Boulder City.
These are the opinions of the Boulder District Attorney's office as received by Officer Versstaedy (spelling?) and relayed to me, at my request for clarification. I offer this DA's office interpretation to you in good faith for your information so that you can feel comfortable that you are operating within the law when you OC with a loaded handgun within the city of Boulder. I have not included any opinion of mine or the officer relaying this information to me inside this email. Of course, you should always verify any questions you might have with a credible source and encourage you to verify this yourself if you have any doubt. I hope this was helpful.
Hi all,
You may know there's been a really good, healthy discussion here regarding OC'ing in Boulder with a loaded handgun. I have had several Boulder LEO's advise me that as per Boulder Revised Statute 5-8-8 (see the links in other threads I've posted here) it is unlawful to have your handgun loaded while OC'ing inside of Boulder. As I want to be a responsible handgun owner and remain lawful, I have been calling into the Boulder PD and trying to go up the chain of command to get a better clarification. I finally got an officer who was very adamant about wanting to ensure I got accurate and true information and was willing to do the work to make that happen, so this LEO got an opinion from the DA regarding this. My fiancee came in from a medical study abroad program on Monday and we ran out to the bank in a rush and I left my recorder at home, and of course, received the call while I was out, so I did not get this recorded but I did ask and repeat what I was told to ensure I understood correctly, and I wrote it down at the time I was being told and repeated what I wrote back. That being said, this is the DA's opinion requested and received by this officer, told to me on 7.22.08 at 1640 hours. Don't sue me over this good faith attempt to help us become more educated about this.
A loaded handgun is having ammunition in the magazine and the magazine in the magazine well, with or without a round in the chamber. I did not get any clarification regarding revolvers and having a hammer on an empty cylinder, so I won't even give my opinion on this.
In the city of Boulder, if you have a CCW, it is OK to carry a loaded handgun while carrying CONCEALED and OK to carry a loaded hangun while carrying OPEN. If you DO NOT have a CCW, it is UNLAWFUL to carry a loaded handgun OPEN, and of course, illegal to carry concealed at all (with exceptions provided for home/vehicle/business/etc statutes outside the scope of this email). Further, it is UNLAWFUL to carry a handgun CONCEALED OR OPEN WITHIN THE CITY OF BOULDER in ANY parks or open space. The officer and myself were both surprised at this last part. I asked something like "So, I couldn't carry concealed with a CCW in Chataqua?" and was advised no, it's within the city of Boulder. I then asked about the hiking trails on Flagstaff mountain (like around the halfway house trail up there that has "no firearms" plaquards posted) and she said that shouldn't be inside the city and said there should be a list online of what parks/open spaces were within Boulder City.
These are the opinions of the Boulder District Attorney's office as received by Officer Versstaedy (spelling?) and relayed to me, at my request for clarification. I offer this DA's office interpretation to you in good faith for your information so that you can feel comfortable that you are operating within the law when you OC with a loaded handgun within the city of Boulder. I have not included any opinion of mine or the officer relaying this information to me inside this email. Of course, you should always verify any questions you might have with a credible source and encourage you to verify this yourself if you have any doubt. I hope this was helpful.