Results 1 to 17 of 17

Thread: New to CO, not to OC :)

  1. #1
    Regular Member
    Join Date
    Mar 2010
    Location
    Longmont, CO
    Posts
    9

    New to CO, not to OC :)

    Hey guys! I just moved here from CA and DAMN this state rocks compared to there!

    In any event I do plan on geting a CCW in the next month or so when I can afford the associated costs, but until then
    I'd love to continue my habit of OC. I've been reviewing the laws (similar to CA) and just want to make sure I have them correct:


    Loaded open carry is completely legal (you have to be unloaded in CA)?

    1000' school zone applies, but what is a school? Is it public schools only, or private as well? if anyone has a legal def. on this it would be REALLY appreciated.

    No federal buildings, post office, etc.

    Can't carry anywhere that has a sign posted at every entrance.

    Now I'm in Longmont, and I've seen some postings in reference to them banning OC in local parks? Is this correct?

    Has anyone had experience with LEOs in Longmont with regards to OC?


    Thank you anyone who can help, and I'm so glad to be out of CA!!!

  2. #2
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Welcome aboard!!!



    Quote Originally Posted by forgebench View Post
    Loaded open carry is completely legal (you have to be unloaded in CA)?
    Correct EXCEPT DENVER (City and County) - NO OPEN CARRY.


    1000' school zone applies, but what is a school? Is it public schools only, or private as well? if anyone has a legal def. on this it would be REALLY appreciated.
    Would just be the federal (RARELY if ever enforced) and only applies to K-12 (public and private.)

    No federal buildings, post office, etc.
    Correct

    Can't carry anywhere that has a sign posted at every entrance.
    This only applies to public buildings (tag office, drivers license stations, police stations etc.)

    Now I'm in Longmont, and I've seen some postings in reference to them banning OC in local parks? Is this correct?
    http://forum.opencarry.org/forums/showthread.php?77224-Longmont-Times-City-council-to...&p=1297143


    Has anyone had experience with LEOs in Longmont with regards to OC?


    Thank you anyone who can help, and I'm so glad to be out of CA!!!
    Can't wait to get there myself.

  3. #3
    Regular Member
    Join Date
    Mar 2010
    Location
    Longmont, CO
    Posts
    9
    Thank you for the info.

    CA strongly enforced the gun safe school zone laws, that's why I'm weary on that issue. Now granted, CA is WAAAYY more unfriendly towards guns in general let alone OC than colorado is.

    So to be sure on this, the school has to be K-12 and nothing in between? Day care and preschool doesn't count? Public or private however. And rarely enforced?

    I did see the sticky, I think I'll attend that public meeting on tuesday

    Thank you!

  4. #4
    Regular Member
    Join Date
    Jun 2006
    Location
    Houston, Texas, USA
    Posts
    276
    California has its own, state-level GFSZ law, and that's the one which gets so zealously enforced. Colorado, in contrast has no state-level law, leaving the federal one as it. And I note that since US v. Lopez ( http://en.wikipedia.org/wiki/United_States_v._Lopez ), the federal statute has not been enforced a single time; I worry about it as much as I worry about the Alien & Sedition Acts still on the books from 1798.

    Boulder isn't the friendliest city in the world in terms of attitude towards firearms, but Longmont is a fine place for it. I never had a problem there myself! Just keep your eyes open for those signs and carry everywhere you don't see them!

  5. #5
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    There has been arguement that the CO constitution combines with a CO ID (to prove residency) is all that is needed to be "licensed by the state" for OC pertaining to the Fed GFS zones.

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    Longmont, CO, ,
    Posts
    221
    Quote Originally Posted by forgebench View Post
    Hey guys! I just moved here from CA and DAMN this state rocks compared to there!

    Now I'm in Longmont, and I've seen some postings in reference to them banning OC in local parks? Is this correct?

    Has anyone had experience with LEOs in Longmont with regards to OC?
    Welcome to Colorado!

    Longmont has an ordinance (13.20.020 - Park Regulations) that reads as follows:

    A. Within the areas set forth in section 13.20.010 (a list of all parks and city-owned open spaces), except as otherwise set forth in this chapter, it is unlawful to:

    8. Knowingly possess a firearm of any description, or air rifle, spring-gun, bow and arrow, sling paintball gun, or any other weapon potentially inimical to wildlife or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device, except in areas designated for one of these purposes

    The city attorney claims that the city has the power to prohibit open-carry, specifically (even though not all these areas are posted), and is ambiguous on the city having the power to regulate carry of ANY weapon. I think you're fine concealed-carrying. I've never heard of anyone having a run-in with the Longmont police.

  7. #7
    Regular Member zach's Avatar
    Join Date
    Jun 2009
    Location
    Castle Rock, Colorado, USA
    Posts
    228

    Welcome to CO

    Welcome to the boards forge.

    Where did you move from? I'm a SoCal escapee.

  8. #8
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    1,187
    Quote Originally Posted by Kingfish View Post
    There has been arguement that the CO constitution combines with a CO ID (to prove residency) is all that is needed to be "licensed by the state" for OC pertaining to the Fed GFS zones.
    IIRC, that argument falls in the "point and laugh and dare to test case it" category.

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    Lakewood, Colorado, USA
    Posts
    1,250
    It's not polite to point and laugh.

  10. #10
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by mahkagari View Post
    IIRC, that argument falls in the "point and laugh and dare to test case it" category.
    There already was a test case and the law was declared unconstitutional. Since then the feds modified the law with a "commerce clause" and there has been nothing since that I can see (besides maybe an add on charge for a felon with a gun that was more than likely dropped.)

  11. #11
    Regular Member
    Join Date
    Mar 2010
    Location
    Longmont, CO
    Posts
    9
    Thanks for all the info guys!!

    I OCed all day on wednes and got a couple looks but had no problems.
    A cop even saw me and kept driving.. In CA I woulda got stopped for sure!

    Thanks again!

    In liberty,
    Forgebench.

  12. #12
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    1,187
    Quote Originally Posted by Kingfish View Post
    There already was a test case and the law was declared unconstitutional. Since then the feds modified the law with a "commerce clause" and there has been nothing since that I can see (besides maybe an add on charge for a felon with a gun that was more than likely dropped.)
    Having pronoun trouble. Which law was declared unconstitutional to which constitution? The fed GFZ law was unconstitutional to the CO constitutiion? I don't doubt that if the state constitution is interpreted to guarantee OC then someone can carry. But I don't think Kostric producing a driver's license would have let him out of legal challenge.

  13. #13
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by mahkagari View Post
    Having pronoun trouble. Which law was declared unconstitutional to which constitution? The fed GFZ law was unconstitutional to the CO constitutiion? I don't doubt that if the state constitution is interpreted to guarantee OC then someone can carry. But I don't think Kostric producing a driver's license would have let him out of legal challenge.
    The Fed GFSZ law was ruled unconstitutional in U.S. v. Lopez but it was amended in 1995 to include a "commerce clause". This is the law we have today that noone to my research has been convicted of (or charged with besides an add-on to another felony.) It is HIGHLY unlikely that the current law is enforceable as the court said carrying the gun had nothing to do with commerce. Amending the law was I am sure purely political and would fail if challenged....IANAL
    http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/

  14. #14
    Regular Member
    Join Date
    Aug 2009
    Location
    Lakewood, Colorado, USA
    Posts
    1,250
    Quote Originally Posted by Kingfish View Post
    The Fed GFSZ law was ruled unconstitutional in U.S. v. Lopez but it was amended in 1995 to include a "commerce clause". This is the law we have today that noone to my research has been convicted of (or charged with besides an add-on to another felony.) It is HIGHLY unlikely that the current law is enforceable as the court said carrying the gun had nothing to do with commerce. Amending the law was I am sure purely political and would fail if challenged....IANAL
    http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/
    Dude that was perfectly said. Think about the Scope of the Federal Government- to regulate issues concerning all the States. The commerce clause was added and fundamentally changed the meaning and effectiveness of the law itself- Unless the firearm is currently associated with the buying/selling/or trading between States- the firearm is not subject to the Federal gun free school zone law.

    In other words- unless you are conducting a inter-State firearms sale while within 1000' of a school- you're fine.

  15. #15
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    1,187
    Quote Originally Posted by Kingfish View Post
    The Fed GFSZ law was ruled unconstitutional in U.S. v. Lopez but it was amended in 1995 to include a "commerce clause". This is the law we have today that noone to my research has been convicted of (or charged with besides an add-on to another felony.) It is HIGHLY unlikely that the current law is enforceable as the court said carrying the gun had nothing to do with commerce. Amending the law was I am sure purely political and would fail if challenged....IANAL
    http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/
    Thanks. My earlier statement referred to showing a driver's license as an affirmative defense.

  16. #16
    Regular Member
    Join Date
    Aug 2009
    Location
    Lakewood, Colorado, USA
    Posts
    1,250
    We just proved You don't need a Defense from the Federal Law

    unless you're contracting with interstate agents in a state-to-state firearms transfer in public while within 1000' of a school

  17. #17
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by cscitney87 View Post
    We just proved You don't need a Defense from the Federal Law

    unless you're contracting with interstate agents in a state-to-state firearms transfer in public while within 1000' of a school
    Or maybe traveling through for the purpose to sell a firearm. Like maybe you are selling a long gun to someone that lives in another state or driving back or driving (or walking) to buy from another state.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •