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Thread: Quick Question

  1. #1
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    Question Quick Question

    Just moved to Colorado from Ga. Colorado is open carry outside of Dever but it gets colder than a Nun on Sunday here. If open carrying but I put on a coat, not to hide the gun but to stay warm? One officer said concealed another said not a third said up to the officer? I'm retired LE and trying to set up a qualification in Colorado so I can carry concealed in all states when I travel but prefer open carry around home. Open carry may be legal here but it certainly isn't openly accepted!

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    Sounds tough, I suppose it all comes to the eyes of the officer, I would work on getting that CC permit asap so you don't have to worry about it at all. That's what I did (waiting on it now...90 days takes forever lol...) thankfully it's been a very nice winter here and little snow and in the 50s so a sweater keeps me nice and warm till the sun goes down. Still it's a tough call, I wouldn't risk it, fighting the system can be a huge burden to your wallet.

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    IANAL, but concealed is concealed. The fact that an officer may or may not arrest you for it doesn't make a difference once you're in front of the judge.

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    Quote Originally Posted by strife1013 View Post
    Sounds tough, I suppose it all comes to the eyes of the officer, I would work on getting that CC permit asap so you don't have to worry about it at all. That's what I did (waiting on it now...90 days takes forever lol...) thankfully it's been a very nice winter here and little snow and in the 50s so a sweater keeps me nice and warm till the sun goes down. Still it's a tough call, I wouldn't risk it, fighting the system can be a huge burden to your wallet.
    Being retired LE all I have to do is qualify in my home state and can cc in all 50 but since I moved Ga is no longer my home state so have to do it over. Wonder why my Ga qualifivation is good enough to carry in all 50 but doesn't carry over if I move. Guess they want to know where I'm at, great to be loved I guess

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    If you've got a coat completely covering the firearm, that's concealed. I OC frequently but also have my CCW for CO.

    Welcome to CO from another born and raised Southerner.
    Last edited by RockyMtnScotsman; 12-11-2010 at 10:08 AM.

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    Quote Originally Posted by strife1013 View Post
    Sounds tough, I suppose it all comes to the eyes of the officer...
    Only until he hands you the ticket, at which point it'll be dismissed in court. Properly-holstered firearms are not considered to be "concealed," even if the holster covers the firearm from trigger to the end of the barrel. So long as the handle remains visible, the firearm is not concealed.

    Some folks have attempted to claim the entire holster must remain visible, thereby rendering IWB holsters as "concealed," but that hasn't flown with the courts. I had similar concerns as my firearm, holster, pants, and sweater are black, and I was concerned that anywhere other than a brightly-lit area an LEO might attempt to claim I was "concealing by means of camoflague." However, I talked with a friend of mine who is a judge in the criminal courts, and he said no, adding that gang carry isn't concealed, either, unless they cover the handgrip with part of their clothing.

    I would work on getting that CC permit asap so you don't have to worry about it at all. That's what I did (waiting on it now...90 days takes forever lol...) thankfully it's been a very nice winter here and little snow and in the 50s so a sweater keeps me nice and warm till the sun goes down. Still it's a tough call, I wouldn't risk it, fighting the system can be a huge burden to your wallet.
    That's the flipside, and you're right in that fighting the system can be many times more expensive than the $4.16 per month ($250 for 5 years) required for the CBI, the permit application fee, and the firearms safety class. And you can often find half-off deals on the latter.
    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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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by shotcop View Post
    Just moved to Colorado from Ga. Colorado is open carry outside of Dever but it gets colder than a Nun on Sunday here. If open carrying but I put on a coat, not to hide the gun but to stay warm? One officer said concealed another said not a third said up to the officer? I'm retired LE and trying to set up a qualification in Colorado so I can carry concealed in all states when I travel but prefer open carry around home. Open carry may be legal here but it certainly isn't openly accepted!
    I think OC is very well accepted in CO, especially around here. Covered completely with a coat is CC, period. Handle showing, like an IWB, is OC. If the bottom of the holster and muzzle of the gun was showing under a fleece or hoodie or something, I'd still (and I bet most cops) call that OC, but it could be problematic. That's why I have a CCW so I don't really care who sees what. In Denver, I'd carry a shoulder holster anyway.

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    Quote Originally Posted by shotcop View Post
    Just moved to Colorado from Ga. Colorado is open carry outside of Dever but it gets colder than a Nun on Sunday here. If open carrying but I put on a coat, not to hide the gun but to stay warm? One officer said concealed another said not a third said up to the officer? I'm retired LE and trying to set up a qualification in Colorado so I can carry concealed in all states when I travel but prefer open carry around home. Open carry may be legal here but it certainly isn't openly accepted!
    I'm from GA too. My permit that I have from GA is good in CO as well. I love both states for open carry. GA mainly because I'm active duty, and with my ID, can open carry ANYWHERE in the state (schools, public buildings, public gatherings, ect.) Basically just as a LEO. It's nice to know that there is still some support of the active duty service members in some states.
    Last edited by kylerossi; 12-19-2010 at 08:09 PM.

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    I didn't know military can carry anywhere they want like LE.... Are you sure about that??

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    Quote Originally Posted by strife1013 View Post
    I didn't know military can carry anywhere they want like LE.... Are you sure about that??
    That is NOT true federally. GA may have something to cover this, I don't know.
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    Since none of you have adequately answered the question, the question remains, is there a legal prohibition against a partially covered holster?

    If so, is it a state-wide mandate? If not, in which counties does it apply?

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    Regular Member Kingfish's Avatar
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    I don't think you will get an answer because there is nothing in the laws (that I have seen) that speak to partial concealment and I don't think there is a lot of case law on the subject.

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    Nothing I've seen on the law books addresses this, either. Just common sense: Regardless of whatever wardrobe malfunction you might have, you're either OC or CC (there is no between in the eyes of the law or the courts). If you have your CHP on you, you're covered either way.

    I will say that if you're somewhere between, it's a bit sloppy, could be construed as CC, and a noticing law enforcement officer might approach you and demand to see your CHP.

    Regardless, several times while donning my jacket after a meal the side of my jacket momentarily covered my firearm's grip. No biggee, just a quick fix while zipping it up.
    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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    If your holster would appear, to the average man, as a weapon wielding holster- you are still open carrying. For example, if your leather holster conceals but conforms to your pistol- and it's obviously a pistol- then you wouldn't be hiding your pistol at all. So no concealment.

    If your holster conceals the whole entire pistol but isn't discernibly a pistol at first glance (like a paddle holster); then you're concealing because everybody sees the holster but nobody knows what's being holstered.

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