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Thread: Complete Local OC ban list

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    I'm new to the forum and new to gun ownership. I have a compact .45 semi automatic pistol. I have had my head buried in the books for days on the subject and I've searched this forum. I cannot seem to find an easy, simple, intuitive list of local ordinances prohibiting open carry. I seem to know that Denver has a ban. I live in Lakewood and would love to open carry. Can someone point me in the right direction or offer some insight? Thanks a lot I appreciate it ahead of time.

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    I believe Denver city and county is the only city/ county in the state with a ban on open carry. Since they were the ones that challanged the pre-emption law, they were allowed to keep their ban on open carry, but that ruling only applies in Denver. Everywhere else (unless prohibited by state law) should be good.
    Rand Paul 2016

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    The list of places that you cannot open carry is about as simple as the statue that regulates it:
    CRS 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.
    The only specific exception to that is Denver via the 2004 Meyers decision. Everywhere else must be posted. Obviously private property rules apply just like they would with concealed carry.

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    Fair enough. A sign has to be posted at the entrance. Thank you guys I appreciate it. I'm just dumbfounded that I've never seen anybody open carry (and I used to live in Bailey, Co deep in the mountains).

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    All right so, outside of Denver specifically, are we aware of any municipalities that ban open carry? Specifically I will be carrying at locations like "Lookout Mountain" in Golden, Red Rocks trails (not the amphitheater but the trails in and out. Open carry being that I do not have my CCW (yet) and need to defend myself and friends against wildlife I encounter in the wilderness ( not that I need to defend my reasons ).

    I guess I'm just trying to cover all my tracks here as I know one tiny mistake with open carry and there are huge ramifications.

    What specific laws or statutes should I keep copies of in the event that I have a run in with an uninformed officer of the law?

    Again thanks a ton I appreciate the input.

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    There are no other municipalities that ban open carry. Technically it would be possible (place a sign at each and every public entrance into their jurisdiction) but logistically its not feasible and no one has tried it. There are a few counties that have restrictions (Jeffco supposedly bans OC in some of their open space parks with signage) but again a wholesale ban is not legal. Just look for the signs and cover up (assuming you have a CCW) if you run into one.

    As far as the text of statues I would read this thread: http://opencarry.mywowbb.com/forum13/23366.html

    Good luck and happy OCing!

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    I'm excited. Thanks a ton. I do visit Jeffco Open parks from time to time so I will keep a close eye peeled at the entrance I use- If I notice a specific Jeffco park that bans firearms- I will post the location for us all.

    Thanks.

    (anyone know if Red Rocks or Lookout Mountain have bans?- I read Garden of the Gods is not banned)

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    Be careful with the Denver Mountain Parks as well. They are Denver property.

    http://www.denvergov.org/MountainPar...2/Default.aspx

    The above website has the list of parks. Parts or all may be Denver property.
    Bergen Peak for example, the park is part of JeffCO open space, Denver Mountain Parks, and U.S. Forest Service land, depending where you are.
    Rand Paul 2016

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    Yooper wrote:
    Be careful with the Denver Mountain Parks as well. They are Denver property.

    http://www.denvergov.org/MountainPar...2/Default.aspx

    The above website has the list of parks. Parts or all may be Denver property.
    Bergen Peak for example, the park is part of JeffCO open space, Denver Mountain Parks, and U.S. Forest Service land, depending where you are.
    That definitely answered my question. Red Rocks and Lookout Mountain are both part of the Denver Mountain Parks. OC is banned in both places. Looks like I will need to find a new place to hike in the Denver Metro. There is that really neat aqua-duct trail in Golden along 6th Ave West.....

    Thanks Yooper. Ps. I used to live in Michigan (Detroit). I moved to Colorado to get a job- so far so good

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    An ordinance in Telluride against OC doesn't matter because state preemption supersedes it. They can only ban OC in particular buildings/locations and they have to be properly posted.
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    Joined:Fri Jul 4th, 2008Location:Longmont, COPosts:49Status:OfflinePosted: Fri Jul 24th, 2009 03:12 pmQuoteReplyBecause of the Meyer decision, home rule cities claim that state law doesn't preempt anti-open carry ordinances. I don't know if Telluride is home rule, though.

    I have a letter from the City of Longmont (which is a home rule city) claiming that prohibition on open carry in Longmont parks is legal (the ordinance also states that ANY carry, including concealed, is illegal). I'm trying to get them to change the ordinance regarding concealed carry, which they cannot regulate
    .

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    cscitney87 wrote:
    An ordinance in Telluride against OC doesn't matter because state preemption supersedes it. They can only ban OC in particular buildings/locations and they have to be properly posted.
    Dynamite Rabbit
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    Joined:Fri Jul 4th, 2008Location:Longmont, COPosts:49Status:OfflinePosted: Fri Jul 24th, 2009 03:12 pmQuoteReplyBecause of the Meyer decision, home rule cities claim that state law doesn't preempt anti-open carry ordinances. I don't know if Telluride is home rule, though.

    I have a letter from the City of Longmont (which is a home rule city) claiming that prohibition on open carry in Longmont parks is legal (the ordinance also states that ANY carry, including concealed, is illegal). I'm trying to get them to change the ordinance regarding concealed carry, which they cannot regulate
    .
    With all the information, or disinformation, like that- one cannot open carry without wondering if he/she will find the situation to be just a bit tricky. Comments? Please and thank you.

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    If you get a chance, take a hike up towards Jones Pass. Located on the road to the Henderson mine, just off of U.S. 40 before you go up Berthoud Pass. I'd drive up the road (4wd recommended) to the first big opening where it flattens out (small river goes under the road) park and then go hiking. It's beautiful up there, and you may even see skiers up there in June. It was my favorite hiking area. Moose, sheep, goats, deer, and mountain lions in the area....so do bring your gun
    Rand Paul 2016

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    cscitney87 wrote:
    An ordinance in Telluride against OC doesn't matter because state preemption supersedes it. They can only ban OC in particular buildings/locations and they have to be properly posted.

    .
    It seems the jury is still out on Telluride as per this thread - http://opencarry.mywowbb.com/view_to...ight=telluride

    but I'm heading that way in a couple weeks and may test the waters.

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    ""I have a letter from the City of Longmont (which is a home rule city) claiming that prohibition on open carry in Longmont parks is legal (the ordinance also states that ANY carry, including concealed, is illegal). I'm trying to get them to change the ordinance regarding concealed carry, which they cannot regulate.""

    Came out of the thread http://opencarry.mywowbb.com/view_to...ight=telluride


    Now it's no OC in Denver, Telluride, and Longmont as well? Exactly what I'm trying to do here is a build a thread of combined knowledge of any municipality that is currently banning OC, like Telluride and Denver, etc.

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    cscitney87 wrote:
    ""
    Now it's no OC in Denver, Telluride, and Longmont as well?
    I don't have an Official answer on Telluride. It sounds to me like any local ordinance prohibiting it is pre-empted at the state level but that local LEO is enforcing the local ordinance anyway.

    It may be a case for the courts but I'm not sure I'm ready to be the test case.

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    RockyMtnScotsman wrote:
    cscitney87 wrote:
    ""
    Now it's no OC in Denver, Telluride, and Longmont as well?
    I don't have an Official answer on Telluride. It sounds to me like any local ordinance prohibiting it is pre-empted at the state level but that local LEO is enforcing the local ordinance anyway.

    It may be a case for the courts but I'm not sure I'm ready to be the test case.
    I hear you on the Telluride business. I'm definitely not in a position to test the waters either. Definitely not. I wish I could just keep a copy of the state constitution with me and be done with it- and the same for the US Constitution.

    Hopefully we can keep this thread going- I think we can say that with no official word on Telluride, it's better to be safe than sorry and just not OC, seeing as we have had some warnings in that previous thread. Agreed?

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    City of Lakewood
    Office of the City Attorney
    Janet Young
    Deputy City Attorney
    445 South Allison Parkway Lakewood, CO 80226-3106
    (303) 987-7102
    August 19, 2009 FAX: (303) 987-7296

    Dear Mr. Scitney:
    I am writing in response to your recent email in which you inquired regarding the legality of openly carrying firearms within the City of Lakewood. As noted in your email, the open carrying or wearing of a firearm as set forth in Section 9.32.050 of the Lakewood Municipal Code is prohibited in any City park, community center, recreational facility, the Lakewood Civic Center, City trail, or City open space including any City owned, operated, or leased building or property when said City building or City property is posted with a sign at the entrance that informs persons that the open carrying of a firearm is prohibited in such building or area. The exceptions to said prohibition are listed within Section 9.32.050. The Lakewood Municipal Code does not otherwise prohibit the open carrying of firearms within the City limits.
    Private property owners or their designees may lawfully prohibit the possession of firearms on their premises. Persons who are the subject of a protection order may be prohibited from carrying a firearm. Additionally, persons convicted of a felony are prohibited from carrying a firearm as are persons convicted of a crime of domestic violence. State law strictly restricts juveniles from possessing a handgun and generally outlaws the possession of a firearm on school grounds.
    Citizens typically react with fear and alarm when they encounter a person openly carrying a firearm. Police are frequently called to investigate the circumstances. To avoid unnecessary confrontation, anytime an officer approaches a citizen who is carrying a firearm, the citizen should let the officer know that he is armed, should keep his hands visible at all times, and should fully cooperate with the officer. The citizen should avoid making any movement that could be mistakenly misconstrued as a movement for the gun. The police department encourages citizens who desire to carry a handgun to apply to the Jefferson County Sheriff’s Office for a concealed handgun permit.
    Sincerely,
    Janet Young
    Deputy City Attorney


    [line]I started open carrying today after reading this and printing out a personal copy to carry in my wallet.

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    edit for duplicate post

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    I'm responding to the Telluride issue here as well as the original thread.

    Any municipality with a population of 2,000 or more can get a state charter as a "Home Rule" municipality.

    OC in Telluride, and any other municipality outside Denver, is legal IMHO, and here's why: The Meyers decision relied on Denver's special circumstance in deciding that OC was a matter of local concern, specifically Denver's population density:
    However, I agree with the City's argument that open carrying is a matter of purely local concern, at least insofar as Denver is concerned. Denver is by far the most densely populated area of Colorado.
    No other city can claim the same status. Had the decision read, " I agree with the City's argument that open carrying is a matter of purely local concern", without the caveat, "at least insofar as Denver is concerned." that might be a different story. Obviously most of us know that OC is legal throughout ALL of Colorado because 13A protects it, and that 13A is a "fundamental" right regardless of what the CO courts say. They might even recognize that now in light of Heller, or be forced to do so in the near future because of a related case.

    In any case, other municipalities cannot use the Meyers decision to justify an OC ban.

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    cscitney87 wrote:
    Yooper wrote:
    Be careful with the Denver Mountain Parks as well.* They are Denver property.

    http://www.denvergov.org/MountainPar...2/Default.aspx

    The above website has the list of parks.* Parts or all may be Denver property.
    Bergen Peak for example, the park is part of JeffCO open space, Denver Mountain Parks, and U.S. Forest Service land, depending where you are.
    That definitely answered my question.* Red Rocks and Lookout Mountain are both part of the Denver Mountain Parks.* OC is banned in both places. * Looks like I will need to find a new place to hike in the Denver Metro.* There is that really neat aqua-duct trail in Golden along 6th Ave West.....

    Thanks Yooper.* Ps. I used to live in Michigan (Detroit).* I moved to Colorado to get a job- so far so good *

    But City and County of Denver laws don't apply. It might be owned by Denver but it's still JeffCo. So unless there's signage stating "no OC" there is OC.

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    Unfortunately that's not true. OC is still statutorily prohibited in Denver's extraterritorial parks:

    CRS 31-25-216. Cities control park grounds outside limits.
    (1) In all cases where any city, or any city or city and county organized under a special charter or created under the state constitution, has acquired lands outside its municipal limits for parks, parkways, boulevards, or roads, said city or city and county has full police power and jurisdiction and full municipal control and full power and authority in the management, control, improvement, and maintenance of and over any such lands so acquired. It has power and authority to provide by ordinance for the regulation and control of its lands so acquired, to prevent the commission of any acts which are or may be declared unlawful pursuant to the provisions of this part 2, and to prosecute and punish the violation of any ordinances in its municipal courts.
    And from the '04 Meyers decision:

    On this issue, the City's argument is supported by state law. C.R.S. §31-25-201 (2003) grants the City authority to establish, maintain and acquire lands for parkways, parks or recreational purposes. More specifically, in C.R.S. §31-25-216 (2003), a city and county is granted full police power and jurisdiction over extraterritorial parklands, of which Denver has a substantial collection. The State has not sought to regulate the City's policing of its own parks until the enactment of Senate Bill 25. Denver's park system is unique to it, especially with regard to its extensive system of mountain parks and parkways. Any need for uniformity is vastly outweighed by Denver's judgment that its citizens are safer without guns in the parks. There is no extraterritorial impact to this ordinance. Commuter routes typically do not traverse parklands, and it is riot an unreasonable burden for visitors to Denver to inform themselves as to restrictions on guns in parks. The State has not shown any substantial interest in requiring a municipality to open its parks to all guns, as described above, the bare interest in uniformity is unconvincing. Therefore, based on the totality of the circumstance s, 1 conclude that the issue of open carry of firearms in parks is one of exclusive local concern. To the extent that C.R.S. 529-11.7-103 purports to preempt the Denver ordinance as it prohibits open carry in parks, I find beyond a reasonable doubt that it is unconstitutional.
    So no OC in Denver's mountain parks, even those in Jeffco.


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    I stand corrected. Seems like the counties with Denver owned land should take this to a higher court.

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    shmoab wrote:
    I stand corrected. Seems like the counties with Denver owned land should take this to a higher court.
    They could, but between a snowball surviving in hell and Denver giving up any land, I'm betting on the snowball every time.

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