Thread: Open carry in Denver
I was told that open carry was now allowed in denver I was wondeering if anyone has heard or can give me some information on this thanks.
Unless the Meier's Decision has been vacated by the courts, I doubt very seriously that OC is okay in Denver.
You can go ahead and give it a whirl, let us know how that works out for ya.
We ain't posting bail, however.
Seriously, don't do anything that could land you in the pokey. Unless you have iron clad evidence that Denver will permit OC in the land of Mordor, I'd stay clear of it, or go with concealed carry.... if you have a permit, that is. I have mine, and I carry in Denver any time I go there. I don't like being "compelled" to conceal, but them's the berries in Denver.
Then again, I often open carry to specific locations in Denver. I play fast and loose with that whole "can carry into Denver, regardless of the number of stops one makes" thing. Still, I keep a wary eye out for LEOs anywhere near where I'm heading.
Good luck, and stay out of hassle city!
denver and denver county fought the state when it rolled out its ccw laws and even tho i had a cos ccw and i knew i had to stop in denver, i would put my firearm in the lock box in the trunk. even now w/the state statuates, i am concerned some citizen will phreak out if my firearm is accidently exposed and call MWAG on me...D E N V E R & county judicial is not gun friendly period...CCW or OC! so unless u have won the lottery and wish to spend a sizeable amount on defending yourself from a MWAG charge resulting from your OC...i might suggest you rethink OC'd in the mile high city and surrounding communities...
submitted from MHO...
There has been no change in the law that I'm aware of. Don't do it. If it had changed, RMGO would have passed the word, I'm sure.
"For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V
On the other hand, if someone's willing to be another test case, and push it up to the SCOC as a rights violation, we'd all be grateful. Unfortunately, I ain't got the money to do that. Figuring not many of us here do. It'll probably take pretty deep pockets.
Maybe it's time for an "OC - Occupy Denver".
Not quite THAT in-your-face, but perhaps a bit more subtle ?
Having had a fair amount of experience dealing with the Texas version of NO open carry, perhaps we need to think outside the box on this issue.
The Colorado Constitution provides that the RIGHT of NO PERSON to not only "keep", but also BEAR arms in defense of their home, person, and property SHALL NOT be brought into question -
BUT ........ the practice of carrying concealed weapons is excluded from that RIGHT. Therefore the concealed carry of a handgun is NOT the exercise of said RIGHT in Colorado.
Now does the "Home Rule" argument REALLY trump the Colorado Constitution's guarantee of a RIGHT of citizenship ???? I know - the courts say..............but they have a propensity to stand logic on its head. What EXACTLY is "open carry" in Colorado ? "Display" ? - Recognizable as a handgun ? HMMMMMmmm
I have a hunch that the the proverbial, and often ambiguous "gray area" abounds even in Denver on this one.
Is there an "intentional" display component to the Denver ordinance ? Just some of my provocative thoughts.
"No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105
...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
- Shuttleworth vs City of Birmingham, Alabama 317 US 262
Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
- Miranda vs Arizona 384 US 436
What about an openly displayed "FULL holster " - when the "object" filling it is NOT displayed.
As is sometimes the case - observable holster, but the contents are not observable/ discernible.
Not long ago I observed a black leather revolver holster protruding(1/2) from under a gentleman's jacket in Texas. The molding of the revolver was detectable to anyone familiar with such accessories , but the gun was concealed.
Again, I repeat my question - Where does Denver get off prohibiting the exercise of a right of citizenship guaranteed under Article II, Section 13 of the CO Constitution? Concealed carry is NOT A RIGHT under Colorado law. I'm not aware of any other example of the deprivation of a right of citizenship by Denver, or any other "home Rule" jurisdiction.
Last edited by rushcreek2; 11-19-2011 at 08:42 AM.