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Thread: JeffCo CCW FAQ is wrong about Open Carry...

  1. #1
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    I discovered this when I was looking up information on what to do with my CCW permit when I move out of state next week, and I stumbled on this line of malarkey...

    http://www.co.jefferson.co.us/sherif...f_T62_R126.htm

    Do Colorado State Parks or Open Space allow a person to carry a handgun?
    Only if you are a valid permit holder and carry concealed. You must not carry in an open fashion.

    (NOT MY EMPHASIS!)

    Check for yourself... and if this is somehow true... that means we couldn't do Cherry Creek for our OC-BBQ... but I know we already confirmed with the park rangers it is legal.

    What should we do about this?

    AC

  2. #2
    Regular Member entartet17's Avatar
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    JeffCo is wrong. State Park regulations do not ban OC. OC was banned in State Parks at one time, but that was years ago. They need to update their website.
    "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)

  3. #3
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    Then how do we go about correcting them? Emails, phone calls, just let it work itself out?

    AC

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    OC is legal in CO State Parks and cannot be prohibited except by the General Assembly. Jeffco Open Space is a different matter because they CAN prohibit OC within their jurisdiction. I got an email from the Jeffco Attorney's office on this matter:

    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.
    Now, I've heard from others that there are NOT signs at each public entrance to Jeffco's Open Space parks, but it is obviously their intent to prohibit OC in the manner perscribed by state law.


  5. #5
    Accomplished Advocate BB62's Avatar
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    centsi wrote:
    OC is legal in CO State Parks and cannot be prohibited except by the General Assembly. Jeffco Open Space is a different matter because they CAN prohibit OC within their jurisdiction. I got an email from the Jeffco Attorney's office on this matter:

    Dear Centsi,
    ...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...
    Now, I've heard from others that there are NOT signs at each public entrance to Jeffco's Open Space parks, but it is obviously their intent to prohibit OC in the manner perscribed by state law.
    So what does that section say? It seems that they are saying OC is prohibited per that section of the law.

  6. #6
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    BB62 wrote:
    So what does that section say? It seems that they are saying OC is prohibited per that section of the law.
    Municipalities in Colorado can prohibit OC with their jurisdiction as long as there are signs posted at each public entrance to the prohibited area. Usually that means public buildings, but technically the same applies to any area that can be cordoned off with signs posted:

    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.

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    Regular Member Anubis's Avatar
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    I thinkwhat Jeffco has done does not comply with the cited CRS. A park is not a specific area, such asa fenced area that could be posted at each gate, or a building posted at each entrance. Parks are typically not fenced and have trails crossing their boundaries, not to mention an infinite number of ways to enter them off the trails.

    For an example, I was at one Jeffco park (Pine Valley Ranch) which had a single road entrance leading to a paved parking area. There was no sign at the entrance or around the parking area. We hiked a trail that went out of the park; on the way back in there was a sign beside the trail that said, in essence, "no firearms allowed in park". It did not state "open carry of firearms prohibited in park". So (a) all entrances not posted, and (b) sign incorrectly banned all firearms.

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    In the case of parks, I suspect that the words "public entrances" would probably be interpreted as "official entrances." At a minimum, this would mean that all roads into the park would have to be posted. Possibly trails as well, but it's not always immediately obvious whether a trail is official or user-made.

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