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Thread: Open Carry Prohibited @ Pueblo West Library

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    Stopped in to the library today and noticed for the first time a sign had been posted prohibiting the open carry of weapons except by law enforcement. I'd never noticed it before, I think it's a recent addition.

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    Preemption violation?

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    Regular Member entartet17's Avatar
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    Mike wrote:
    Preemption violation?
    No, they can ban OC in specific areas as long as it's posted. They have to allow CC though.
    "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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    State Researcher lockman's Avatar
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    Need a temporary large t-shirt that states: "Concealed firearm on-board"

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    lockman wrote:
    Need a temporary large t-shirt that states: "Concealed firearm on-board"

    Interesting approach! I wonder if that would pass the "concealed" test if you're advertising like that.

    But I do like it. It's sort of like giving the finger to "the man," who, from time to time, needs to have his face rubbed in the fact that We, The People, are the root authority in this country, and that our elected, appointed, and hired officials serve in their positions to meet our needs, not the other way around.

    I'm waiting with baited breath on the ensuing lawsuit...

    entartet17 wrote:
    Mike wrote:
    Preemption violation?
    No, they can ban OC in specific areas as long as it's posted. They have to allow CC though.
    I'm not so sure this is true, as the preemption clause was specifically written to prevent all forms of Colorado government (local, city, and state) from infringing on the right to bear arms except in specifically noted locations such as a courthouse, where the presence of arms constitutes a clear and present danger to the general populace and public servants.

    I've been to many libraries over the last 43 years, and quite often. I've yet to witness any form of heightened tensions such as exist in a courtroom which could possibly justify such a ban. In fact, I ate dinner this evening at a local restaurant frequented by USAF Academy cadets, and since graduation is just two days away, many were there, along with their families, many with children, younger siblings of the cadets. Of course I open carried, and of course no one seemed to care. As I am retired military.

    According to the CSSA: "Under the new law, there are essentially only four places restricted from concealed carry:

    "Private property posted as such
    Federal government buildings
    Public schools K-12
    Public buildings with metal detectors and security personnel posted at each entrance that prohibit ALL weapons of any kind

    "There have been reports of Denver government buildings (e.g. the Library) being posted without the necessary security screening requirement set forth in the statute. Such postings are unenforceable since they are in contravention of Colorado law and no court has issued an injunction regarding that law."

    City libraries are NOT private property. Question: Is the Pueblo West Library a city library, or a private library?

    Like I said, "I'm waiting with baited breath on the ensuing lawsuit," but further down Tony Fabian does a good job of addressing Darrell's question on open carry while providing ancilliary information on various bans on open carry. I'm not sure how relevant his answer is six years later, but I would assume that if the State Supreme Court ever reviewed the Colorado Court of Appeals decision in 2002 of Trinen v. Denver, they'd either have to overturn it or ignore written law.

    But that's my take on the idea of Denver's "homesteading" defence, and is infused/fortified with the concept of "right of imminent domain" which allows an overriding government to overrule subservient governments on certain matters for the greater good of the general populace.
    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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    entartet17 wrote:
    Mike wrote:
    Preemption violation?
    No, they can ban OC in specific areas as long as it's posted. They have to allow CC though.
    Is there a format for the sign? i thought they had to have security screening too?

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    Screening is only required to ban CC, not OC. There is no format required for the OC signs; the law simply ways that they must "post signs at the public entrances to the building or specific area". -CRS 29-11.7-104

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    Centsi is correct 100%. To clarify:

    Literally any municipality may ban Open Carry in a specific area- so long as the proper signage is posted at every public entrance.

    This means Pueblo can ban OC in the library if a sign is posted against OC at every public entrance to the library.

    Many Jefferson County Open Space Parks are posted No Firearms. Concealed carry is legal but Open Carry is not legal because of the posted signage.

    Once again, any area may be posted No Open Carry and if all public entrances are posted- Open Carry is legally banned.

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    Ok, this makes sense, so for the other half of the question, can places like a hospital or a library ban lawful concealed carry?

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    Regular Member entartet17's Avatar
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    bogidu wrote:
    Ok, this makes sense, so for the other half of the question, can places like a hospital or a library ban lawful concealed carry?
    Technically libraries could ban CC if they had metal detectors at every entrance (just like courthouses or other municipal buildings). A simple "No Firearms" sign does not suffice for restricting CC.

    Hospitals are private property and can restrict both OC and CC.
    "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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    Regular Member zach's Avatar
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    Great info here!

    You guys are a plethora of knowledge.

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    most libriaries have the no gun signage.

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