Thread: Carry in Colorado state parks.
I answered my own question. Nevermind.
Ok, I'll bite. What was the question?
I was wondering about carry in general and the ability of the park service to regulate CC/OC.
Even though Colorado state law allows open carry, it can be overridden by local jurisdictions. Colorado Statue 29-11.7-104 (“A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.“) lets local governments ban open carry as long as they follow the posting particulars of the statue. I have some friends coming in from Minnesota (their concealed weapons permits are not valid in Colorado, no reciprocity) who would like to carry since they will be doing some wilderness camping and hiking in Golden Gate Canyon State Park. The eastern third of the 12,000 acre park is in Jefferson County, which bans open carry in the state park except during hunting season if you have a hunting license. The western two thirds of the park is in Gilpin County which does not ban open carry. As long as they stay in the Gilpin County portion, they will be OK open carrying. I did confirm this with the head ranger of the Colorado state parks just to make sure. You will need to contact the specific park/s you plan on visiting to find out if there are any local bans. Thankfully, most of Colorado is gun friendly, so you can probably open carry in most of the forty-two Colorado state parks. Metro areas sometimes do the open carry bans in certain areas, especially parks, like Jefferson County which predominantly consists of west Denver metro suburbs. I have a concealed weapons permit so for me it is moot as long as I carry concealed since Colorado state law prohibits the banning of concealed weapons by local jurisdictions as long as the person has a valid permit, which includes permits from states with Colorado reciprocity agreements (more than half the states). Colorado state law does ban concealed weapons from the usual places such as government buildings, schools; but not state parks.
It's precisely the same situation involving open carry in National Parks. National Park Rangers have jurisdiction over National Parks. The State of Colorado, for example, does NOT have jurisdiction over Rocky Mountain National Park. The law which came into effect last year allowing open carry in national parks did NOT relinquish jurisdiction to the states. All it did was allow open carry commensurate with the laws of the state in whichever part of the park you happen to be.
Similarly, the state of Colorado has NOT relinquished jurisdiction of the State Park to JeffCo.
The concept of Jurisdiction has more to do with levels of authority than it does simple boundary lines. RMNP lies entirely within the boundaries of the State of Colorado, but the State of Colorado does NOT have jurisdiction, except in limited, previously-agreed circumstances, such as chasing a fleeing felon. If a person commits a felony in RMNP, however, they won't be tried in a state court. They'll be tried in federal court, and if convicted, will serve time in a federal prisonl.
This refers to areas under their jurisdiction, such as city or county parks.If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area...
Sounds like JeffCo hoodwinked the public and the Colorado state park ranger. Still, since he's the enforcing authority, it's best to follow his advice and err on the side of caution until this matter is resolved with clarifying legislation.I did confirm this with the head ranger of the Colorado state parks just to make sure.
The First protects the Second, and the Second protects the First.