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OC laws

High Altitude

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Thanks for the link.

What about jefferson county open space parks?

I know CC is legal with a valid permit and ID but what about OC?

The county says it is illegal but from reading posts it seems that a lot of counties haven't updated anything for preemption.
 

centsi

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Where does the county say it is illegal?

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.
Only if Jeffco has signs at EVERY public entrance to a park can OC be prohibited.
 

High Altitude

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It won't let me post a link.

www (dot) co (dot) jefferson (dot) us / jeffco / openspace_uploads / rules (dot) pdf

[align=left]FIREARMS[/align]

[align=left]5.84.8 It shall be unlawful to possess, discharge or use[/align]
[align=left]firearms, B-B guns, pellet guns, air guns, cross bows, long[/align]
[align=left]bows, paint ball guns or slingshots while upon any Open[/align]
[align=left]Space lands, except in designated areas or while in the[/align]
[align=left]possession of a valid Jefferson County Open Space Hunting[/align]
[align=left]Access Permit or by law enforcement officers on official duty.[/align]
Fine: $120.00
centsi wrote: [/b]

Where does the county say it is illegal?

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.
Only if Jeffco has signs at EVERY public entrance to a park can OC be prohibited.
 

centsi

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High Altitude wrote:
It won't let me post a link.

www (dot) co (dot) jefferson (dot) us / jeffco / openspace_uploads / rules (dot) pdf

[align=left]FIREARMS[/align]
[align=left]5.84.8 It shall be unlawful to possess, discharge or use[/align]
[align=left]firearms, B-B guns, pellet guns, air guns, cross bows, long[/align]
[align=left]bows, paint ball guns or slingshots while upon any Open[/align]
[align=left]Space lands, except in designated areas or while in the[/align]
[align=left]possession of a valid Jefferson County Open Space Hunting[/align]
[align=left]Access Permit or by law enforcement officers on official duty.[/align]
Fine: $120.00
centsi wrote:

Where does the county say it is illegal?
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.
Only if Jeffco has signs at EVERY public entrance to a park can OC be prohibited.
The reg that I found adds the words "openly carry" in front of possess, discharge, etc:

http://www.co.jefferson.co.us/jeffco/openspace_uploads/07_rules_regs_english.pdf

I emailed them and asked for a clarification. I'll let you know what I get back. Either way, if there is no sign there is no violation.
 

centsi

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Here is the response I received from Steven Synder, Assistant County Attorney for Jefferson County:

Dear centsi
As the attorney for Open Space, your email was forwarded to me for a response.
With regard to your question concerning concealed weapons, State law controls over our Open Space regulations, and therefore a person with a valid concealed weapons permit may legally carry a concealed weapon at our Open Space parks.
In terms of the posting requirement of Section 29-11.7-104, C.R.S., the County does post the prohibition of the open carrying of firearms on the kiosk for each main entrance to our parks.
Please let me know if I can provide further information.
So there you have it. Apparently the do post notification properly prohibiting OC.
 

High Altitude

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Thank you.



Looks like I am carrying concealed.

The next time I am out I will look for the signs just to make sure.
 

SANDCREEK

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EX-MARSHALL GETS PROBATION FOR PULLING GUN

Prosecutors drop false-imprisonment charge, which could have meant 3 years in jail.

By Dennis Huspeni - The Gazette

A former Colorado Springs city marshall who drew his gun on a roof inspector while off duty was placed on probation after pleading guilty this week to felony menacing.

Scott Alan Lanner, 46, was charged with felony menacing and a misdemeanor charge of false imprisonment for DETAINING Patrick J. Wilson at gunpoint in August because he LOOKED SUSPICIOUS.

Wilson was working in the area, off Couch Place in Widefield, as a roofing inspector for Claim Specialists International of Colorado Springs.

According to an El Paso County Sheriff's arrest affidavit, Lanner had just finished mowing his lawn when he decided to check on two men who were walking door-to-door in brightly colored vests. Wilson was wearing a laminated identification card and showed Lanner paperwork from his company.

Lanner DREW HIS PISTOL and ordered him to get out of the car, HANDCUFFED him and searched him.

Something about the men triggered his "policeman spidey sense" Lanner told investigators.

"Lannerwas not able to ARTICULATE ANY SUSPICIOUS ACTIVITY, REASONABLE SUSPICION , OR PROBABLE CAUSEFOR A STOP OR DRAWING HIS WEAPON DURING THAT STOP," Detective Cliff Porter wrote in the affidavit.

Lanner pleaded guilty Monday after reaching a plea deal with prosecutors, who dropped the false imprisonment charge. He could have faced up to three years in prison if convicted at trial.

Fourth Judicial District Judge David Gilbert sentenced him to two years of probation, 100 hours of community service and required him to write a letter of apology to Wilson, according to court records. If Lanner successfully completes his probation, the conviction will be erased from his record.

Scott made a decision and said that his police training kicked in", said his attorney Allen Gasper. "Having thought about it since then he said it wasn't the right decison."

Gasper denied that Lanner thought Wilson was acting suspiciously because he is black.

"This was an unfortunate set of circumstances," Gasper said.

Lanner has since resigned as a city marshall. [CAPS added for emphasis]
 

Anubis

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centsi wrote:
In terms of the posting requirement of Section 29-11.7-104, C.R.S., the County does post the prohibition of the open carrying of firearms on the kiosk for each main entrance to our parks.
Please let me know if I can provide further information.
So there you have it. Apparently they do post notification properly prohibiting OC.

Things may have changed recently, but...

I was at a Jeffco Open Space park last winter and there was no sign at the vehicle entrance or anywhere around the parking lot. I was on a trail that exited the park out in the woods, and when I re-entered the park I saw an unqualified"no firearms" sign.

Invalid because (a) if they want to prohibit open carry,"no open carry" signs must be posted at the main entrance and alltrail entrances, and (b) the existing trail sign illegally claimed to prohibit bothconcealed and openly carried firearms.
 

centsi

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Feb 11, 2008
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Castle Rock, Colorado, USA
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Anubis wrote:
centsi wrote:
In terms of the posting requirement of Section 29-11.7-104, C.R.S., the County does post the prohibition of the open carrying of firearms on the kiosk for each main entrance to our parks.
Please let me know if I can provide further information.
So there you have it. Apparently they do post notification properly prohibiting OC.

Things may have changed recently, but...

I was at a Jeffco Open Space park last winter and there was no sign at the vehicle entrance or anywhere around the parking lot. I was on a trail that exited the park out in the woods, and when I re-entered the park I saw an unqualified"no firearms" sign.

Invalid because (a) if they want to prohibit open carry,"no open carry" signs must be posted at the main entrance and alltrail entrances, and (b) the existing trail sign illegally claimed to prohibit bothconcealed and openly carried firearms.
I've seen some signs here in Castle Rock (Rec Center) that something like "No Firearms per Municipal Code Sec...." The sign makes it sound like no concealed carry either, but if you read the actual code that the sign referred to it says no open carry. I think the bottom line is that signs are not laws. As far as Jeffco, someone should take some pictures of open space areas without the signs. I'll send them over to that attorney. Then they'll either have to post signs at EVERY entrance, which I would imagine is very expensive if not impossible in some areas, or rescind the ordinance.
 
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