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Thread: Bolder's Carry Restrictions

  1. #1
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    I was reading through some of Bolder's statues and came across this one:

    5-8-9 Carrying a Concealed Weapon.

    No person shall have a knife or firearm concealed on or about such person's body.

    5-8-4 Possessing and Discharging Firearm or Bow in Park or Open Space.

    (a) No person shall possess any firearm or gas or mechanically operated gun in any park or open space.

    This appears it is against the law to carry a concealed firearm (handgun included), even though state law should preempt this.

    Also saw:

    5-8-7 Flourishing Deadly Weapon in Alarming Manner.

    No person shall display or flourish a deadly weapon in a manner calculated to alarm another person.

    5-8-21 Open Carriage of Firearms in Carrying Cases Required.

    Any person carrying a firearm off of the person's property or outside of the person's business or vehicle shall carry the firearm in a carrying case. The carrying case must be recognizable as a gun carrying case by a reasonable person. A plain-shaped case must be clearly marked to be deemed recognizable under this standard. The carrying case must be openly carried and must not be concealed on or about the person. This section shall not apply to individuals who have a permit to carry a concealed weapon issued pursuant to state law.

    So, by these laws, what is legal and what is not, they seem to contradict each otherto 1.) Conceal Carry, I think I know it is enven though 5-8-9 cleary says otherwise, and 2.) Open Carry. I know that some in Bolder are wack jobs, but even I still need to make sure of what is ok to do and what is not.

    Any feedback would be welcomed.

    Thanks,

    desettle
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    Make sure you read the whole chapter. Here are specific defenses:

    5-8-22 Defenses.
    (a) It is an affirmative defense to a charge of violating sections 5-8-3, "Discharge of Firearms," 5-8-4, "Possessing and Discharging Firearm or Bow in Park or Open Space," 5-8-5, "Negligently Shooting Bow or Slingshot," 5-8-6, "Aiming Weapon at Another," 5-8-7, "Flourishing Deadly Weapon in Alarming Manner," and 5-8-8, "Possession of Loaded Firearms," B.R.C. 1981, that the defendant was:

    (1) Reasonably engaged in lawful self-defense under the statutes of the State of Colorado; or

    (2) Reasonably exercising the right to keep and bear arms in defense of the defendant's or another's home, person, and property, or in aid of the civil power when legally thereto summoned.

    (b) It is a specific defense to a charge of violating sections 5-8-3, "Discharge of Firearms," 5-8-4, "Possessing and Discharging Firearm or Bow in Park or Open Space," and 5-8-8, "Possession of Loaded Firearms," B.R.C. 1981, that the events occurred in an area designated as a target range by the city manager under section 5-8-26, "City Manager May Designate Target Ranges," B.R.C. 1981, for the type of weapon involved. It is a specific defense to a charge of violating section 5-8-4, "Possessing and Discharging Firearm or Bow in Park or Open Space," B.R.C. 1981, by possession that the defendant was going directly to or returning directly from such a target range.

    (c) It is an affirmative defense to a charge of violating sections 5-8-8, "Possession of Loaded Firearms," 5-8-9, "Carrying a Concealed Weapon," and 5-8-11, "Possessing Firearm While Intoxicated," B.R.C. 1981, that the defendant was:

    (1) In the defendant's own dwelling or place of business or on property owned or under the defendant's control at the time; or

    (2) In a private automobile or other private means of conveyance at the time and was carrying the weapon for lawful protection of the defendant's or another's person or property while traveling; or29
    (3) Charged with carrying a knife that was a hunting or fishing knife carried by the defendant for sport use.

    (d) It is a specific defense to a charge of violating sections 5-8-8, "Possession of Loaded Firearms," and 5-8-9, "Carrying a Concealed Weapon," B.R.C. 1981, that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under the statutes of the State of Colorado.

    (e) It is a specific defense to a charge of violating sections 5-8-3, "Discharge of Firearms," and 5-8-8, "Possession of Loaded Firearms," B.R.C. 1981, that the loaded gas or mechanically operated gun was possessed or discharged in a building with the permission of the property owner and the projectile did not leave the building.

    (f) It is a specific defense to a charge of violating section 5-8-10, "Possession of Illegal Weapons," B.R.C. 1981, that the person had a valid permit for such weapon pursuant to federal law at the time of the offense.

    (g) It is a specific defense to a charge of violating section 5-8-4, "Possessing and Discharging Firearm or Bow in Park or Open Space," B.R.C. 1981, that the firearm, gas or mechanically operated gun, bow, slingshot, or crossbow possessed by the person was being transported in a motor vehicle. This defense does not apply to a charge of violation involving discharge of a missile.

    (Ordinance No. 5497 (1992))

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    Great, thank you for the reply.
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    Regular Member Gunslinger's Avatar
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    Keep in mind, with the sole exception of OC in Denver County, CO is a full preemption state. No local government can enforce any statutue or regulation in conflict with state law on guns. If we take back the government from the democraps this fall, Denver could be brought into line, as well.
    "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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    I know that I am definitely looking forward to that day.

    Thanks for the feedback.

    -desettle
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    I open carried in Boulder but only stopped once for fuel. I went up to Boulder's Mountain Parks for a hike and firearms are banned by signage at every official entry point I could see. Had to lock it up.

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    But doesn't that apply to OC only and not CC?
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    desettle wrote:
    But doesn't that apply to OC only and not CC?
    If you're asking me- the posting used the wordage "firearms" and did not specify method of carry.

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    cscitney87 wrote:
    desettle wrote:
    But doesn't that apply to OC only and not CC?
    If you're asking me- the posting used the wordage "firearms" and did not specify method of carry.
    That is correct. It only applies to OC and not CC. If you have a permit, just CC and you're fine.

    I went a few rounds with Jeff-Co a couple of years ago about their signage and their parks and the fact that they were unenforcable.


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    luv_jeeps wrote:
    cscitney87 wrote:
    desettle wrote:
    But doesn't that apply to OC only and not CC?
    If you're asking me- the posting used the wordage "firearms" and did not specify method of carry.
    That is correct. It only applies to OC and not CC. If you have a permit, just CC and you're fine.

    I went a few rounds with Jeff-Co a couple of years ago about their signage and their parks and the fact that they were unenforcable.
    What was the verdict there on the Jeff-Co situation? I like to hike Jeff-Co Open Space but fear openly carrying there.

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    I basically did two things....



    First was to write them an email explaining that the signage at the trailheads was in violation of Senate Bill 25, which was passed in 2003 and signed into law....the preemption bill. When I didn't receive an answer back in a couple of days I called them and complained politely. The lady on the phone said that the signs were in fact wrong and that as long as I had a permit and carried concealed there would be no issue. I followed up again in another week or so when I realized that the wording on their website listing the regulations was also incorrect.

    I haven't been up to any of the parks in quite awhile now, but the last time I was they still hadn't changed the signs.

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    You may find the following thread of interest. It details some interaction when the Boulder Police were sent to MWAG an OCer in a Barnes & Noble.

    http://opencarry.mywowbb.com/view_to...hlight=boulder

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    Anubis wrote:
    You may find the following thread of interest. It details some interaction when the Boulder Police were sent to MWAG an OCer in a Barnes & Noble.

    http://opencarry.mywowbb.com/view_to...hlight=boulder
    That was a very interesting story. I deffinitly think the guys has a civil rights suit if he wanted to persue it. And I know that manager got her butt kicked for her actions in this as well.

    Thanks for sharing with us.

    -desettle
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    Funny thing is I've OC'd all over Boulder, short of CU and post office.

    Never had a problem there.

    Glad I haven't gotten any of the drama.

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    So to wrap this thread up: With the exception of Denver County/City

    Literally No city law changes the fact that OC is perfectly legal in Colorado. In other words- they can almost be ignored- for the fact that they are Not Applicable.

    All City Laws pertaining to Carrying Handguns = N/A or Null or Void or Not Valid

    We don't have to ask/careabout/deal with city laws. Open Carry is 100% legal literally everywhere except Denver County/City Unless Posted etc etc

    I battle with this too. Seems every city has at least something on the books that scares the average Joe into a misunderstanding.

    Okay so yeah it's clear then. OC it up everywhere except Denver. Boulder, Aspen, Longmont, Breck, Grand Junction, Estes Park, Castle Rock, the Springs, Arvada, all of em. Rightttttt?

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    Yep, that is my understanding now. Thanks!

    We can probably close this thread out now.

    Thanks all for the feedback, it really helped.
    ”This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!” ~Adolph Hitler, 1935, on The Weapons Act of Nazi Germany

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    Thumbs up Open Carry in Estes Park

    For what it is worth, I just spent the 4th of July holiday in Estes Park and Longmont from 2 July- 5 July.
    I was with a motorcycle group that I ride with and we INVITED the Estes Park police dept to come to the Discovery Lodge where we were staying and cooked them burgers and dogs the evening of the 3rd.
    Of the bikers there that were carrying, most were concealed and a couple were open (2 of 25 or so.) NOT A SINGLE WORD WAS SAID TO US BY ANY OF THE ESTES PARK POLICE about our carry of holstered firearms.

    At the car show the morning of the 4th, my son and I were both open carrying. We were asked by a woman who had a car in the show if the firearms were real. We affirmed that they were. She then asked us, "Why?" To which, I replied, "Because a cop is too heavy!" After a short moment of surprise on her face she smiled and said, "Good answer" and went on her way.

    We ate at several restaurants, browsed at many shops, and rode the bikes all over the area.... Never had a bad interaction.

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    Any local jurisdiction may lawfully ban Open Carry so long as a posted sign is located at every public entrance to the specific area. Jefferson County lawfully bans Open Carry in their Open Space Parks because they post, on a sign, the restrictions in place- no discharging and no openly carrying. Boulder Mountain Parks and trails are posted in a similar fashion.

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    To further sum it up:

    You can open carry everywhere in Colorado except:

    1. Denver city/county

    2. Where Colorado state or Federal law prohibits (1000' of schools, post offices, screened buildings (list is not inclusive))

    3. Where posted or otherwise prohibited (as in they ask you to leave) on private property. All stores are considered private property.

    Whatever else is on a city's or county's books, you may ignore.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    You can't open carry on public transportation.

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    "Where" you can open carry is almost the only discussion we have here in our Colorado forum. How lame!

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by cscitney87 View Post
    "Where" you can open carry is almost the only discussion we have here in our Colorado forum. How lame!
    It is the only thing really on topic for this forum.

    Talk about permits would be on topic as well becuase they are required for carry when OC is not allowed.

    Talk about what we carry and why would also be appropriate.

    Talk about supporters of the CO and US constitutions would be as well.



    Hmm, come to think of it there are alot more topics that have to do with carrying a properly holstered handgun in daily life...

    So....Start some threads. Maybe a new what do you carry thread. Maybe with a revolver/semi/mouse gun/hog leg/caliber poll.

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