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Quick Question

shotcop

Regular Member
Joined
Nov 28, 2010
Messages
67
Location
Colorado
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!
 

strife1013

Regular Member
Joined
Oct 8, 2010
Messages
100
Location
Colorado Springs, Colorado
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.
 

mahkagari

Regular Member
Joined
Apr 28, 2009
Messages
1,186
Location
, ,
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.
 

shotcop

Regular Member
Joined
Nov 28, 2010
Messages
67
Location
Colorado
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
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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.
 

kylerossi

New member
Joined
Oct 11, 2010
Messages
5
Location
Colorado Springs, CO
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:

George Mann

Regular Member
Joined
Apr 14, 2010
Messages
74
Location
Colorado Springs, CO
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?
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
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.
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
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.
 

cscitney87

Regular Member
Joined
Aug 13, 2009
Messages
1,250
Location
Lakewood, Colorado, USA
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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