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New to Colorado, have a few questions.

TheRabbitsHole

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Aug 5, 2009
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249
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Grand County, Colorado, USA
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Hello again and thank you in advance for any help.

I have been researching the local and state laws extensively in regards to the "laws" pertaining to OC. I have not been able to answer a couple of my questions and I'm hoping the friendly people here can help me out. :)

I have a valid Michigan CPL and I have not yet changed my address. I have not yet applied for my Colorado CHP. I'm also wondering if I might be able to file a renewal in Colorado rather then a completely new application (probably not).


I've been trying to determine whether or not I can OC without a CHP into places that sell alcohol.
a. Places that sell but do not serve.
b. Places the sell and serve open for consumption.


Should I be concerned about the "Disorderly Conduct" statute? What are the recommendations if I am confronted/charged with this?

18-9-106. Disorderly conduct. (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.




These questions may seem a bit naive, but I simply want to be as fluent in Colorado as I was in Michigan when it comes to understanding OC "laws". What are "chambers"? What are "galleries"?

If I interpret this correctly, I cannot carry into any office/building that deals with local/state government or political association. Does this mean I cannot carry into a police station or dept. of motor vehicles? (or sec. of state, whichever is here)
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
 

cscitney87

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Lakewood, Colorado, USA
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You may Open Carry literally anywhere with the exception of;

Federal buildings (post office etc.)

Properly restricted by a sign at every public entrance (no specification for size, shape, wordage of sign)

Denver City/County (en whole- no signage needed)


Further more- We will honor your Michigan concealed permit so long as you are legally still a resident of Michigan. From what I gather- you are here now but have not legally established residency. You have 30 days to establish residency in Colorado or you are still a Michigan resident. If you are ever stopped by police and you are Over your 30 days- be careful with your thoughts and words.

Whether or not there is alcohol being served and consumed has no effect on your ability to carry openly or concealed. Being intoxicated on alcohol or anything else is completely unlawful when carrying a handgun- this means not even one beer- there is no lawful "limit" on the level of intoxication.

You may carry into any government building outside of the above mentioned Federal buildings. There are a few examples to give- Castle Rock has public buildings properly posted with signs. When you get out to the mountain communities- you will most likely not find any signage but you do need to be on the look out for such at all times.

**Concealed Carry has a different set of restrictions.
 

entartet17

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Jul 6, 2008
Messages
206
Location
Aurora, Colorado, USA
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cscitney87 wrote:
You may Open Carry literally anywhere with the exception of;

Federal buildings (post office etc.)

Properly restricted by a sign at every public entrance (no specification for size, shape, wordage of sign)

Denver City/County (en whole- no signage needed)
Dont forget schools
 

Dynamite Rabbit

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Longmont, CO, ,
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cscitney87 wrote:
Whether or not there is alcohol being served and consumed has no effect on your ability to carry openly or concealed.  Being intoxicated on alcohol or anything else is completely unlawful when carrying a handgun- this means not even one beer- there is no lawful "limit" on the level of intoxication.

I disagree with this -- the law specifies that you cannot possess a firearm while intoxicated. There is no definition in the law of "intoxicated", and there doesn't seem to be case law. I don't believe that anyone would consider one beer to be intoxicating. It seems reasonable to believe that the .04/.08 BAC DWI/DUI limits would be applicable.

As entartet said, you can't carry on school property (with a CCW permit you can have a gun in a compartment in your locked vehicle). WIth no permit, federal law applies and you can't carry within 1000 feet (there doesn't seem to be any local enforcement, though).

18-12-105 only applies to the state legislature -- it was passed in response to a shooting inside the capitol building.

You can't carry a loaded firearm on public transportation (unless you have a CCW permit).

You may want to read some older threads in the Colorado section about municipalities claiming the authority to prohibit open carry. I'm not going to get into that debate again.

edit: You asked about disorderly conduct -- there doesn't seem to be application of this charge against open carriers, not that it's never happened.
 

since9

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Colorado Springs, Colorado, USA
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Dynamite Rabbit wrote:
cscitney87 wrote:
Whether or not there is alcohol being served and consumed has no effect on your ability to carry openly or concealed. Being intoxicated on alcohol or anything else is completely unlawful when carrying a handgun- this means not even one beer- there is no lawful "limit" on the level of intoxication.

I disagree with this -- the law specifies that you cannot possess a firearm while intoxicated. There is no definition in the law of "intoxicated", and there doesn't seem to be case law. I don't believe that anyone would consider one beer to be intoxicating. It seems reasonable to believe that the .04/.08 BAC DWI/DUI limits would be applicable.

As entartet said, you can't carry on school property (with a CCW permit you can have a gun in a compartment in your locked vehicle). WIth no permit, federal law applies and you can't carry within 1000 feet (there doesn't seem to be any local enforcement, though).

18-12-105 only applies to the state legislature -- it was passed in response to a shooting inside the capitol building.

You can't carry a loaded firearm on public transportation (unless you have a CCW permit).

You may want to read some older threads in the Colorado section about municipalities claiming the authority to prohibit open carry. I'm not going to get into that debate again.

edit: You asked about disorderly conduct -- there doesn't seem to be application of this charge against open carriers, not that it's never happened.

Couple of issues, here:

1. Without case law, it's up to the judge to make a judgement (that's what case law is - a judge making a judgement)and a judge could rule that any measurable amount of alcohol in your blood is "intoxication" for the purposes of firearm laws.

Lesson learned: Don't leave it up to some judge. Don't drink and carry.

2. Under Colorado Law, the interior of one's vehicle is considered an extension of one's home. You do not need a CHP to conceal a firearm inside your vehicle. Having a firearm inside your vehicle is neither concealed carry nor open carry, any more than having a firearm in your home is considered carrying. It's "possession."
 

Dynamite Rabbit

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Don't want to run the thread off the tracks, but arguing that the slightest amount of BAC = intoxicated is like saying open carry = disorderly conduct. A judge could certainly make those rulings, but I have a hard time believing they'd stand on appeal. I see it as a personal decision.

Most OCers would probably say that drinking and open carrying presents a bad image to the public, and I'd agree. I just don't see the law saying you can't.
 

TheRabbitsHole

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Aug 5, 2009
Messages
249
Location
Grand County, Colorado, USA
Hey ethernetweb do you mind if i ask what part of grand county you're in?

Moses

Granby.

Don't want to run the thread off the tracks, but arguing that the slightest amount of BAC = intoxicated is like saying open carry = disorderly conduct. A judge could certainly make those rulings, but I have a hard time believing they'd stand on appeal. I see it as a personal decision.

Most OCers would probably say that drinking and open carrying presents a bad image to the public, and I'd agree. I just don't see the law saying you can't.

I wouldn't personally have any BAC while carrying. As someone said, bad image. Plus, not interested in any unwanted attention. Furthermore, I wouldn't carry into a bar for the simple fact of not trusting how a drunk audience would react.

When I was in Michigan, without a concealed permit, I wouldn't be allowed to OC into an establishment that sold any alcoholic beverages, open or closed containers. I have not been able to determine whether this is a state or federal law, but I assume it must have been a Michigan state law since everyone here is saying it's OK to OC to say, a grocery store, corner store or even a liquor store?

Also, I didn't see anyone address 18-12-105. Any information on this would be helpful as it seems a bit broad in the "laws".

Thank you everyone for your assistance.
 

FogRider

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Jul 23, 2007
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1,412
Location
Centennial, Colorado, USA
Granby.



I wouldn't personally have any BAC while carrying. As someone said, bad image. Plus, not interested in any unwanted attention. Furthermore, I wouldn't carry into a bar for the simple fact of not trusting how a drunk audience would react.

There's other places than bars to have a drink. I most generally don't drink while I'm carrying (I've had a beer with a meal once or twice, but that's about it), but more than once I've been at home and had a beer, then ended up leaving the house. I'm not at all impaired, but a breathalyzer would show alcohol in my system.
 

Dynamite Rabbit

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Longmont, CO, ,
See post #5 regarding 8-12-105 -- it only applies to the state legislature (general assembly = state legislature).

18-12-106 (d) states:

(1) A person commits a class 2 misdemeanor if:

(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).

This is the *only* statute regarding alcohol and firearms.
 
Last edited:

Yooper

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Aug 14, 2008
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Location
Houghton County, Michigan, USA
Granby.




When I was in Michigan, without a concealed permit, I wouldn't be allowed to OC into an establishment that sold any alcoholic beverages, open or closed containers. I have not been able to determine whether this is a state or federal law, but I assume it must have been a Michigan state law since everyone here is saying it's OK to OC to say, a grocery store, corner store or even a liquor store?

It's state law, federal law doesn't mention it anywhere. Colorado gun laws, for the most part are much more relaxed than what Michigan's are. After living there for 8 years myself, I still find my self doing things that are legal in Colorado, but not legal in Michigan, such as throwing the shotgun, uncased, into the passenger seat when I'm going bird hunting. Legal in Colorado......new set of bracelets in MI.

Once in awhile you'll bump into a Colorado gun law more restrictive than Michigans, (such as pre-emption not being as strong), but it's rare
 

TheRabbitsHole

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Grand County, Colorado, USA
Thanks for the answers & information.

I have another question that I can't seem to locate the answer to in a search.

Is there a good list of federal gun laws pertaining to carrying on one's person?

I'm curious if it was a Michigan state law or federal law that prohibited the carrying of a firearm into a jail.
 

Kingfish

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Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
Thanks for the answers & information.

I have another question that I can't seem to locate the answer to in a search.

Is there a good list of federal gun laws pertaining to carrying on one's person?

I'm curious if it was a Michigan state law or federal law that prohibited the carrying of a firearm into a jail.

The only thing federal law regulates is federal property (federal office buildings, post offices, etc.)
 

Gunslinger

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Mar 6, 2008
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Free, Colorado, USA
I stand corrected sir.

Also to note. With a CO permit the 1000' rule does not apply (and some may argue with any permit CO honors you are good as well.)
All permits honored by CO have the same standing and regulations as the CO CCWs do. And in return, states that honor CO CCWs do so with regard to following their statutes and regulations. That is part and parcel of reciprocity.
 

Yooper

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Houghton County, Michigan, USA
All permits honored by CO have the same standing and regulations as the CO CCWs do. And in return, states that honor CO CCWs do so with regard to following their statutes and regulations. That is part and parcel of reciprocity.

Keep in mind, the Federal GFSZA DOES NOT exempt other states permits from the GFSZA (aka 1,000ft restriction). The law states that the the permit or license must be issued by the state in which the school zone is located in order to be exempted from the school zone
 

TheRabbitsHole

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Grand County, Colorado, USA
Keep in mind, the Federal GFSZA DOES NOT exempt other states permits from the GFSZA (aka 1,000ft restriction). The law states that the the permit or license must be issued by the state in which the school zone is located in order to be exempted from the school zone

No worries. I have applied for my Colorado CHP. I'll be exempt from that soon enough. I've also already changed my address to CO, so I no longer have the ability to conceal.

So far most of my encounters have been positive with OC. Two local police officers have already confirmed my right to open carry. Wonder how long it will be until my first MWG call.
 

cscitney87

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Aug 13, 2009
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Lakewood, Colorado, USA
" Wonder how long it will be until my first MWG call."

Eh.. it really only happens once every few months and never ends terribly. There was a downtown Castle Rock... a Boulder incident.. Aurora one.. a few others but yeah you'll basically never have to deal with a MWAG call; it's rare.
 
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