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Thread: OC LAWS AND WHAT THEY SAY?

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    Well i grew up in colorado but never owned a firearm, untill now, we are moving back to the loveland area and i am trying to find out what exactly open carry laws state. I dont feel i have a need for a CWP and have no problem carrying a handgun openly. Can anyone tell me where to look and what the laws are so i dont get busted for carrying an illegal handgun. More so in larimer county.

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    This is not a comprehensive list of all gun laws, but these are the ones that I felt were most important for OC.

    http://opencarry.mywowbb.com/view_to...293077#p293077

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    Flyer22's post is the best all-in-one list I've seen. If you can master that list you'll be just fine.

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    thanks for the link but when i talked to larimer county sheriffs office this morning they had stated that the weapon had to be unloaded. what is unloaded to them? I mean if I cant chamber a round thats ok but is it considerd loaded if i have a mag in? Does it have to be in plane site of the officer in a vehicle if youi get pulled over?

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    There is no State requirement that the weapon be unloaded. Here's the Larimer County Code on the subject from http://www.municode.com/Resources/ga...411&sid=6:

    (14)Firearms and other weapons: a.To publicly display or discharge any firearm, as defined in C.R.S. § 18-1-901(3)(h), except such firearm may be carried, unloaded, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. Fine . . . 50.00 b.To publicly display, carry on their person, use or allow the use of weapons of any kind, including but not limited to B.B. guns, pellet guns, long bows or cross bows, or other deadly weapons, as defined in C.R.S. § 18-1-901(3)(e), excluding firearms, except such weapon may be carried, unloaded or sheathed, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. Fine . . . 50.00

    In the "Authority" clause of the Code the County does not state anything under CRS 29-11.7, so I think these regs were codified prior to 2003 and the ban is unenforceable, although you might have to go to court to prove it.

    Anyone else here have experience any OC LEO encounters in Larimer County?


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    So, totally new here, but I've been reading a lot. I live in Fort Collins, and after reading this last post it seems to me that the follow apply.

    1. You have to have your pistol unloaded (which given the context seems to imply no mag).
    2. You have to have a hunting license, and . .
    3. You have to be on the way to a designated hunting area.

    These lead me to believe that OC will get you at the very least fined in Larimer.

    Am I reading this wrong? I'd love to OC, but it doesn't sound like a good idea if these things are true.

    Anyone?

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    SatoriAxiom, welcome to OCDO! Open carry is just as legal in Larmier County as it is in any other area of the state, excluding Denver.

    The above posts and the Municipal Code it references regulate "public recreation areas and facilities owned by, or operated under the authority of, the Board of County Commissioners of Larimer County, Colorado." They have nothing to do with Larmier County generally although that was not stated above.

    The sections of code in question, 10-3-42-74(14)(a) and 10-3-42-74(14)(b), would be enforceable ONLY if they comply with CRS 29-11.7-103:
    A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
    And CRS 29-11.7-104:
    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.
    So in order to be valid, there must be signs at each public entrance to the park/facility prohibiting open carry. Keep in mind that sometimes these signs will say something like "No firearms are allowed in this building per Code Sec....". That does NOT mean you can't carry concealed with a CCW. The ONLY places you cannot carry concealed on PUBLIC property are those areas listed in CRS 18-12-214 (schools, screened areas, federal sites, etc.).

    Please let me know if you have any questions and have fun OCing!

    EDIT: grammar


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    Thanks for the reply Centsi. I appreciate the time.

    So, today I'm going for a hike in Devils Backbone. Since I don't have my CCW license yet, I'm planning on OCing (unless there is a sign of course). This'll be my first time OCing outside of the house (which actually lent itself to a funny story when a repair guy came over, hehe). Anyway, I'll post that somewhere when I have time.

    Thanks again for the answer.

    Cheers!

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    So, there was a sign there about following the rule in their pamphlet. Looking at it looks like I'd only be able to CCW (see attached).

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    That's not posted according to state law so it's unenforceable. You're perfectly legal to carry there. If open carry is not allowed it must be posted at every entrance to the area in which it is not allowed.

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    If the sign is posted as the public entrances to the area and it says that the open carry of firearms is prohibited, it would be valid.

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    SatoriAxiom wrote:
    So, there was a sign there about following the rule in their pamphlet. Looking at it looks like I'd only be able to CCW (see attached).
    Preempted by state law. There are a lot of older, now unlawful, restrictions still around. Until challenged, as we did in Garden of the Gods last year, they aren't corrected.
    "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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    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.


    So what we are saying here is that any city or county can make it illegal to open carry in any park or wildlife area? Is that correct?

    Another question,If the Devils Backbone is city or county and is posted at all entrances they are within their legal rights to enforce anti open carry laws?

    If that is so. The city's and county's own large amounts of land and are buying more all the time. With are tax and lottery monies.
    Parks
    recreation areas
    wildlife areas
    and open space
    That really does suck!

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    Yes, if proper signage is posted at all entrances to the area, then their OC ban meets the requirements under CO law. Boulder has done this for a long time. However, I doubt that most cities/counties that have anti-OC statutes regarding carrying in parks/open space are posted to the satisfaction of the law.
    "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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    Yea,you are probably right. I guess I was thinking about some of the trails I like to hike around Fort Collins. It is really amazing how many jurisdictions one can cross on a long hike.

    It is not unusual to be hiking along a state or county trail and come upon a post stating city park or natural area regulations.

    Since I do not have a concealed carry permit would I be legal at that point to remove my weapon from the holster,unload said weapon and put it in my backpack?

    I guess I should drive further from town,but hell,I want to do some walking not driving around and burning gas. document.write('[img]/images/emoticons/smile.gif[/img]');[img]images/emoticons/smile.gif[/img]

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    easystreet wrote:
    Since I do not have a concealed carry permit would I be legal at that point to remove my weapon from the holster,unload said weapon and put it in my backpack?
    Talked to a few LEOs and they agreed that a "reasonable" officer would consider that you were not carrying a concealed weapon if you unloaded the gun and separated it from the ammo in your pack. Additionally, if you had a weapon that was easy to disable (i.e. take the slide off) or lock, it may guard against a less than reasonable officer. Basically make sure that the weapon is not ready for immediate use as a weapon. Obviously this defeats the purpose of carrying to begin with, so your best option is to get the CCW.


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