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Thread: Colorado 18-9-106. Disorderly conduct.

  1. #1
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    I did a search and didn't find much addressing this.

    Colorado 18-9-106. Disorderly conduct.
    (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
    (f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
    (3) An offense under…(1) (f) of this section is a class 2 misdemeanor.
    Reading this law, one could almost conclude that one could be charged with DC for the nothing more than holstered OC. This law appears to give broad discretion to LE as a tool for restricting OC, as OC is "displaying a deadly weapon", and can "cause a person to reasonably believe that the article is a deadly weapon".

    Seems to me that this would make OC, as well as inadvertant flashing of concealed carry peice illegal in CO. How is CO an OC state when they have a law against open display of a deadly weapon?

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    "in a manner calculated to alarm." The last part of the sentence is the key. Displaying the weapon in a manner calculated to alarm.

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    Correct. The law is not violated unless the intent is to alarm the reasonable man. In a gun friendly state like CO, this would be very hard to prove and the chances of it's even being alleged is small. Case law shows pointing or perhaps chambering a round would be minimun levels of PC. Again, as in all states, what would be a nonissue in Grand Junction may be more negatively interpreted in Denver. In no way would simple holstered carry ever make a case, and OC is prohibited anyway in Denver County.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    There is also this:

    18-3-206. Menacing.
    (1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

    (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

    (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
    It's interesting because this came up in several court cases where the defendant was charged both under 18-3-206 and 18-9-106:


    The actus reus of felony menacing is "placing another person in fear of imminent serious bodily injury by the use of a deadly weapon", an act more specific than the actus reus of disorderly conduct with a deadly weapon, which is displaying a deadly weapon in an alarming manner in a public place. Therefore, it does not violate the equal protection clause of article II, section 25, of the Colorado constitution to subject defendants to potential criminal liability under both statutes. People v. Torres, 848 P.2d 911 (Colo. 1993).



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    I was a prosecutor in Colorado for 4 years. No one was ever charged with disorderly conduct or felony menacing for merely carrying a gun. Such a charge would never fly if someone was merely going about their business while armed.

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    ghostrider wrote:
    I did a search and didn't find much addressing this.


    Colorado 18-9-106. Disorderly conduct.
    (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
    (f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
    (3) An offense under…(1) (f) of this section is a class 2 misdemeanor.
    Reading this law, one could almost conclude that one could be charged with DC for the nothing more than holstered OC. This law appears to give broad discretion to LE as a tool for restricting OC, as OC is "displaying a deadly weapon", and can "cause a person to reasonably believe that the article is a deadly weapon".

    Seems to me that this would make OC, as well as inadvertant flashing of concealed carry peice illegal in CO. How is CO an OC state when they have a law against open display of a deadly weapon?
    *cough*
    You stopped your research just a bit too soon. Constitution trumps statute. Just in case you don't know it yet, here's Colorado's constitution on the matter.

    Article II (Bill of Rights)
    Section 13
    Right to bear arms
    The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    I made up a card to carry when I OC. The very first thing on it is the aboveSection 13. The second thing is CRS 18-3-206, (which has already been quoted) precisely to contrast it with the constitution and thus to show that the mere peaceablecarrying of a firearm cannot possibly be considered menacing under the law.

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    sorry to bother you. but i was charged with disorderly conduct for flipping the camera off in my high school D.E.C.A. picture. The school security gaurd told to research this charge to see if it even falls into the catergory of disorderly conduct under colorado state law. Seeing as how you were a prosecutor for four years, can you tell me if this does indeed fall into this catergory? Thank you very much for your help

    Sincerily, Carrington

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    I'm not a prosecutor, but here's the portion of 18-9-106 that seems relevant in your case:


    (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

    (a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace

    I think by your own admission you made an "obviously offensive gesture", but did that gesture "tend to incite an immediate breach of the peace"? I don't know.

    Were you actually contacted by a peace officer and issued a citation? Anything in particular incite you to flip off the camera?

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    well i meant no harm in the action. it was just supposed to be something funny to see if i could get it past the yearbook people and into the actuall yearbook. there was no reason for flipping off the camera other than cheeky humor

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    weshould get some money together and have some of those cards made and hand them out at get togethers



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    ghostrider wrote:
    Reading this law, one could almost conclude that one could be charged with DC for the nothing more than holstered OC. This law appears to give broad discretion to LE as a tool for restricting OC, as OC is "displaying a deadly weapon", and can "cause a person to reasonably believe that the article is a deadly weapon".
    I managed to have an interesting chat with the Chief Deputy of the APD about open carry. Whilethey understandthat it is legal, they do try to suppress it. I was told that if they receive a 'Man with a Gun' call, that they'll issue a ticket for disorderly conduct and letthem deal with it in court. Along with that came the speech about how open carrying makes one a target for crime, and that you will be harassed by LEO each time.

    Nonetheless, APD seems to believe that only LEO should be the ones within city limits allowed to carry firearms. The automatic assumption by LEOis that if they see you with a gun, you are a threat to them.

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    Equinox wrote:
    I managed to have an interesting chat with the Chief Deputy of the APD about open carry. Whilethey understandthat it is legal, they do try to suppress it. I was told that if they receive a 'Man with a Gun' call, that they'll issue a ticket for disorderly conduct and letthem deal with it in court. Along with that came the speech about how open carrying makes one a target for crime, and that you will be harassed by LEO each time.

    Nonetheless, APD seems to believe that only LEO should be the ones within city limits allowed to carry firearms. The automatic assumption by LEOis that if they see you with a gun, you are a threat to them.
    Yep, that pretty much sums up APD. I've never had any real problems with them but the few encounters that I've had confirm what the Chief Deputy told you.
    "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs of freedom" -- Garet Garrett, The Revolution Was (1938)

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