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Thread: open carry without a ccw

  1. #1
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    I don't have my ccw . Has anyone had any problems open carry without one. I am thinking of getting the ccw this fall. I live in Westminster. Any problems in or around that area?

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    No problems. I'm still waiting on mine to be processed. Open Carry On and Welcome; what pistol do you carry? I carry a Taurus subcompact .45 ACP.

    http://www.i2i.org/Publications/Colo...ion/cnart2.htm

    Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    Open Carry is your only Constitutionally protected method of carry.

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    Thanks cscitney. I will carry a ruger 357model 100. Had it at the range. Fun gun to shoot. I just need to put it on my hip and go for it.

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    Just watch out for school zones if you don't have your permit. 1000 feet away from the property line is federal law.
    Rand Paul 2016

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    This site is unrelated to open carry but it shows just how far away 1000 ft really is. very interesting and i found myself now worried because 1k feet is closer then you think.. take a look.

    http://www.prisonpolicy.org/zones/thousand_feet.html



    Edit: Spelling

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    GlockFanatic943 wrote:
    This site is unrelated to open carry but it shows just how far away 1000 ft really is. very interesting and i found myself now worried because 1k feet is closer then you think.. take a look.

    http://www.prisonpolicy.org/zones/thousand_feet.html



    Edit: Spelling
    Is it just me or Is 1000 Feet very very far away? I think the point of the article is saying 1000 Feet encompasses far to many people. One thousand feet North, South, East, and West... Thousands and thousands of people encapsulated in that range.. Undoubtedly there will be one or two people using/selling drugs. The point of the article is that 1000 Feet does not protect the children because the range is to large to effectively eradicate drug selling and drug use. Same for firearms- 1000' in every direction is just a Large area. There will be firearms within 1000' of a school and there will be drugs as well..

    If the law was 100'; authorities would have a MUCH easier time eradicating drug selling and using in that range. Aim small Miss small, right? Start with a small area, protect it effectively- and broaden your range if you can to suite your needs.

    Children are not any more safe with a 1000' rule than they are with a 1000000' rule.

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    Locate the school in question on Google Maps. Zoom In/Out until your Legend reads 1000 Feet. Cruise around the area with the Legend and map out your boundaries.

    Get technical and take a screen shot of the map.. Copy and paste the legend around the school East West North South and map out the boundaries. I did this with an intersection in the picture. The legend is boxed in Red and the boundaries are circled for you.

    Use this method to figure out 1000' around any school in your neighborhood before you go for long walks, bike rides, etc.

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    As lame and unconstitutional as the 1000' law is, it's also very difficult to enforce. There are only a handful of local/county/state police that are federally sworn officers and almost all of them work with a special immigration or drug task force. These are not likely to be the officers you encounter if ever you OC near a K-12 school.

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    centsi wrote:
    As lame and unconstitutional as the 1000' law is, it's also very difficult to enforce. There are only a handful of local/county/state police that are federally sworn officers and almost all of them work with a special immigration or drug task force. These are not likely to be the officers you encounter if ever you OC near a K-12 school.
    They don't have to be federally sworn. Any officer can arrest you for it, and what they'll do, is once in custody, call the ATF or FBI (whoever enforces that law) and ask them if they want you. If they say "yes", you're stuck. I worked at a jail out there a few years ago, and it happened quite often that the feds were called, and they'd come get someone.
    Rand Paul 2016

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    But if you're, say, 800 feet away from the school, that might not even be within line of sight of the school. For instance, you might be traveling on a major street and the school might be located on a near-by side street. If the LEO pulls you over for a simple traffic violation, how likely is he to even think about the school?

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    If it's in your car, don't worry about it. If I didn't have a CCW, I couldn't open carry off of myyard as I live less than 1000' from a school. Car carry is legal--off school property, so is CC with a CCW. OC without a CCW is what is prohibited.
    "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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    In that situation it wouldn't matter anyway as you'd be in your vehicle (extension of your home). I think most cops (at least in El Paso County) would use good judgment and either let it go or politely warn you should you happen to be too close.

    Also, isn't private property (businesses and homes) exempt from this law?

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    ZackL wrote:
    Also, isn't private property (businesses and homes) exempt from this law?
    Yes. As long as you're on private property, whether its personally owned, or owned by a business, you're ok
    Rand Paul 2016

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    My suggestion for both STATE and FEDERAL laws restricting firearms within the so called 1000 foot Gun Free Zone.... ELIMINATE THE DISTANCE RESTRICTION ENTIRELY, except add a sentencing enhancement adding time to ANY other crime, NOT INFRACTIONS) while armed!

    As far as the Federal law... IMO it is unconstitutional and needs to be REPEALED!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    JoeSparky wrote:
    My suggestion for both STATE and FEDERAL laws restricting firearms within the so called 1000 foot Gun Free Zone.... ELIMINATE THE DISTANCE RESTRICTION ENTIRELY, except add a sentencing enhancement adding time to ANY other crime, NOT INFRACTIONS) while armed!

    As far as the Federal law... IMO it is unconstitutional and needs to be REPEALED!
    As far as I know, the state only prohibits you from carrying on the actual property owned by the school. It is the federal law that prohibits carrying within 1000' unless you have a CCW permit, or the state you live in has some kind of permit to purchase, registration, or a firearm owners card
    Rand Paul 2016

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    Yooper wrote:
    centsi wrote:
    As lame and unconstitutional as the 1000' law is, it's also very difficult to enforce. There are only a handful of local/county/state police that are federally sworn officers and almost all of them work with a special immigration or drug task force. These are not likely to be the officers you encounter if ever you OC near a K-12 school.
    They don't have to be federally sworn. Any officer can arrest you for it, and what they'll do, is once in custody, call the ATF or FBI (whoever enforces that law) and ask them if they want you. If they say "yes", you're stuck. I worked at a jail out there a few years ago, and it happened quite often that the feds were called, and they'd come get someone.
    Can you provide some kind of cite for that? That is not my understanding of the law. If any officer can arrest you for any infraction, including federal infractions, why bother swearing anyone into the federal system to begin with?

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    centsi wrote:
    Can you provide some kind of cite for that? That is not my understanding of the law. If any officer can arrest you for any infraction, including federal infractions, why bother swearing anyone into the federal system to begin with?
    I can't, but having worked in a jail for a few years, I've seen it happen. BUT, come to think of it, every time it happened that I saw it was a crime against both the state and federal government. For example, once there was 2 "kids" (younger than me), that were suspected of possessing machine guns. The local officer brought them to the room in the jail where the officer gets all the personal details, and collects the belongings of his/her detainee. He called the ATF and asked them if they had any interest in them, which of course they did, and they were at the jail within an hour.
    The local officer ended up charging them with nothing, since the ATF took custody of them.

    So I guess it's a question of, if you're "only" breaking federal law, can a state agency or an agency of a subdivision of the state arrest, detain, or otherwise hold you only on that charge, until the feds show up?
    Rand Paul 2016

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    Yooper wrote:
    JoeSparky wrote:
    My suggestion for both STATE and FEDERAL laws restricting firearms within the so called 1000 foot Gun Free Zone.... ELIMINATE THE DISTANCE RESTRICTION ENTIRELY, except add a sentencing enhancement adding time to ANY other crime, NOT INFRACTIONS) while armed!

    As far as the Federal law... IMO it is unconstitutional and needs to be REPEALED!
    As far as I know, the state only prohibits you from carrying on the actual property owned by the school. It is the federal law that prohibits carrying within 1000' unless you have a CCW permit, or the state you live in has some kind of permit to purchase, registration, or a firearm owners card
    Assuming you are talking about Michigan not having a distance restiction, I will defer to your knowledge of your state, UTAH does have a 1000 foot restriction in the STATE LAW!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  19. #19
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    Yooper wrote:
    I can't, but having worked in a jail for a few years, I've seen it happen. BUT, come to think of it, every time it happened that I saw it was a crime against both the state and federal government. For example, once there was 2 "kids" (younger than me), that were suspected of possessing machine guns. The local officer brought them to the room in the jail where the officer gets all the personal details, and collects the belongings of his/her detainee. He called the ATF and asked them if they had any interest in them, which of course they did, and they were at the jail within an hour.
    The local officer ended up charging them with nothing, since the ATF took custody of them.
    That makes sense. Possession of a machine gun (without a license) is a Colorado felony under CRS 18-12-102.

    Yooper wrote:
    So I guess it's a question of, if you're "only" breaking federal law, can a state agency or an agency of a subdivision of the state arrest, detain, or otherwise hold you only on that charge, until the feds show up?
    I don't think so:
    16-2.5-101. Peace officer - description - general authority.
    A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1.
    So this section establishes what authority a peace officer has, and federal law is not part of it. It then goes on to establish authority for "police officers" vs "sheriffs deputy's, state patrol, town marshals, etc. None of these types of peace officers have any more power than to enforce Colorado law. CRS 16-2.5-147 specifies power for "Federal special agents" and they have some different powers.

    Additionally, any federal LEO acting withing Colorado law must release any suspect over to a Colorado peace officer. There was a case cited in the annotations for CRS 16-3-110 where some LEO (seemingly federal because the statue was about federal LEOs) outside of their jurisdiction stopped a suspect in a traffic stop. The entire contact was ruled invalid by a US Appeals court because LEOs outside their jurisdiction can only stop a suspect if the "crime" they witness is in fact a "crime" under Colorado law.

    16-3-110. ANNOTATION

    When officers stopped driver for a traffic infraction outside their jurisdiction, they violated subsection (2). Turning without a signal is a traffic infraction, not a felony or misdemeanor, under Colorado law. United States v. Gonzales, 535 F.3d 1174 (10th Cir.), cert. denied, __ U.S. __, 129 S. Ct. 743, 172 L. Ed. 2d 740 (2008).
    So a Colorado Peace Officer cannot detain/arrest anyone for anything that is not a Colorado crime.

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    I thought any civilian citizen has the power to arrest anyone in the act of or know to have committed a felony. Therefore, it would seem a police officer can act with the same power as a common citizen.

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    CRS 16-3-201. Arrest by a private person.
    A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
    Additionally a peace officer can make an arrest by establishing probable cause that a crime did in fact occur while not in their presence.



  22. #22
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    I can't get a CO CCW because of a DUI, however I can OC. Here's the question, If I got a Florida CCW, even though I can't us it here in Colorado since I live here, would it protect me if I open carried within 1000' of a school?



  23. #23
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    I would think that it would only offer a form of protection in those states where it would be valid.

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    I agree. It has to be issued by the "State or political subdivision" in which the school zone is located.

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    Brass wrote:
    I can't get a CO CCW because of a DUI, however I can OC. Here's the question, If I got a Florida CCW, even though I can't us it here in Colorado since I live here, would it protect me if I open carried within 1000' of a school?

    The FEDS require that the permit be issued by the same state in which the school zone is... so a Florida issued permit in Colorado is a no go.

    Florida permit for Florida

    Colordado permit for Colorado
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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