Complete Local OC ban list

[ZackL]

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I've open carried into the local bar and grill (Roosters) here in Calhan as well as Bennett's up in Arvada without incident.

 

[Pace]

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This topic SO DID NOT HELP ME. So no one has any idea if OC bans are being enforcedd!?

 

[cscitney87]

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denwego wrote:

Freightdog wrote:

Fascinating legal discussion, but let's get back to the original question. Regardless of whether or not these local laws are legal and enforceable, the following municipalities have laws on the books: Denver, Telluride (maybe); according to RMGrg both Arvada and Breckenridge have city-wide OC bans and Pueblo prohibits OC in places which sell alcohol. Also from RMGO, Castle Rock bans OC in pretty much every city-owned location; don't know how good they are about posting signs. According to member Nomadic in another thread on this forum, Golden also bans OC city-wide. From RMGO, state law prohibits carrying LOADED weapons (open or concealed) in any public transportation facilities (19-9-118), and state law prohibits open carry on the grounds of any school, K-college, public or private (18-12-105.5).

From the horse's mouth in Arvada: http://arvada.org/safety-and-health/guns/ - the police department's statement on concealed carry laws and the fact that Arvada only can regulate posted areas, despite any additional (and invalid) statutes.

It's a purely semantic argument, but 18-12-105.5 doesn't appear to ban open carry on a college campus as long as you have a Colorado CHP. Do not construe that as advice that anyone go out and do it, then :? My own several years in grad school at CU-Boulder makes me think that might be a bad idea, just a smidge!

And I've often wondered about municipalities banning carry in alcoholic-beverage establishments after preemption... I noticed it's a phenomenon commoner in the western half of the state than the eastern, keeping in tune with the old-west mentality of that half of handing your guns over in a bar until you left.. It's entirely clear they can't regulate by ordinance any legal concealed carry, leaving only private property trespass as a block. And open carry requires a posted sign to that effect in order to be enforceable; driving across the state as I did three to four years ago, I don't recall a single sign, period, in any alcohol-serving business banning any carry at all. Thoughts, oh fellows?

That's exactly right. You can OC anywhere in Colorado Except Denver City/County and except where legally posted by signage.

 

[denwego]

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Pace wrote:

This topic SO DID NOT HELP ME. So no one has any idea if OC bans are being enforcedd!?

They are not. Boulder has what reads to be a ban on loaded open carry as well as a looser ban on non-licensed carry unless one is in a car or carrying a gun in a gun-specific case. If any place in the state would love to jump on the chance to enforce an OC law like that, it'd be Boulder, and they have not. I know from years of recent experience on the subject (2005-2008).

I've never heard of any other cities or towns around the state enforcing a ban. Denver's the odd man out, as we always declare here.

 

[cscitney87]

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Pace wrote:

This topic SO DID NOT HELP ME. So no one has any idea if OC bans are being enforcedd!?

Read read read read read. If OC bans were enforced across the State; our Forum would have more "POPPED FOR OC IN _____" threads. lol lol lol

The fact that our Colorado section is Very Uneventful is the very proof that no OC bans are being enforced outside of Denver.

 

[centsi]

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I concur. OC bans are not being enforced outside of Denver. Everywhere else has signs.

 

[DocNTexas]

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centsi wrote:

I concur. OC bans are not being enforced outside of Denver. Everywhere else has signs.

This does not appear to be entirely true according to this post from a different thread.



Posted April 7th by oushinhogin:

Hi Everyone,

It seems that the Municipal Attorney of Boulder would disagree that OC is legal in Boulder. On 3/27/2010 I was stopped by the boulder police department for openly carrying a firearm. The encounter resulted in me being cited with a 5-8-8 of the Boulder municipal code (Possession of a loaded firearm), and my firearm was entered into evidence. I am going to omit the details of the encounter for now, but will post if anyone is interested.

My attorney and I both believe that I have a defense in 5-8-22.a.2 of the Boulder municipal code which states the following.
(a) It is an affirmative defense to a charge of violating sections 5-8-3, "Discharge of Firearms," 5-8-4, "Possessing and Discharging Firearm or Bow in Park or Open Space," 5-8-5, "Negligently Shooting Bow or Slingshot," 5-8-6, "Aiming Weapon at Another," 5-8-7, "Flourishing Deadly Weapon in Alarming Manner," and 5-8-8, "Possession of Loaded Firearms," B.R.C. 1981, that the defendant was:
(1) Reasonably engaged in lawful self-defense under the statutes of the State of Colorado; or
(2) Reasonably exercising the right to keep and bear arms in defense of the defendant's or another's home, person, and property, or in aid of the civil power when legally thereto summoned.
My attorney brought this up to the municipal attorney, but she refused to throw out the charge as I was not in any immediate danger. I was offered a 9 month deferred judgment. Now I have to decide if I want to take the deferred judgment, or have the case go to trial. Do I trust 6 Boulder residents to not be biased against firearms?



Followed on April 8th with this post:

I entered a plea of not guilty this morning, and I have a trial by jury date set. The DJ is still on the table. Interestingly, the municipal attorney could not tell my attorney who or what situation 8-5-22.a.2 applied to just that it didn't apply to me.

I do not have a CCW permit. I took the required class last month, and have procured the required money orders for filing this month. I just haven't had a chance to go in for fingerprinting and paperwork submission. Now I am waiting until I get this issue resolved so I am not out the $152.50 filing fee.

A few people on this forum have been extremely adamant that OC is legal in Boulder, I am curious to hear their input on my situation.



So, if this post is legitimate, it would appear thatBoulder has taken a different view of dealing with the OC issue. After reading this post, I called the Boulder PD (again) and was told OC was NOT allowed in the city of Boulder. While I have received different answers at different times from Boulder PD officials and its officers, it appears that they have now taken an official stance on the issue. Perhaps this will be the deciding case for the issue statewide.

Doc

 

[ZackL]

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DocNTexas wrote:

So, if this post is legitimate, it would appear thatBoulder has taken a different view of dealing with the OC issue. After reading this post, I called the Boulder PD (again) and was told OC was NOT allowed in the city of Boulder. While I have received different answers at different times from Boulder PD officials and its officers, it appears that they have now taken an official stance on the issue. Perhaps this will be the deciding case for the issue statewide.

Doc

I certainly hope not as Boulder really is comprised of too many liberals and that is exactly what the prosecution will be looking for when they choose jurors and taking it through appeals and to the supreme court would take years and a lot of money I'm not sure the defendant would be willing to put into the case. I don't know the defendant, I'm just saying that a lot of people wouldn't want the hassle, but then again, a lot of people would have taken the plea. Who knows... I just don't want municipalities to think that they can ban OC like Denver did and have to more closely watch where I carry.

 

[cscitney87]

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DocNTexas wrote:

centsi wrote:

I concur. OC bans are not being enforced outside of Denver. Everywhere else has signs.

This does not appear to be entirely true according to this post from a different thread.



Posted April 7th by oushinhogin:

...


So, if this post is legitimate, it would appear thatBoulder has taken a different view of dealing with the OC issue. After reading this post, I called the Boulder PD (again) and was told OC was NOT allowed in the city of Boulder. While I have received different answers at different times from Boulder PD officials and its officers, it appears that they have now taken an official stance on the issue. Perhaps this will be the deciding case for the issue statewide.

Doc

It appears, from your remarks; that Boulder PD "takes an official stance" on the issue More often than Not; and that stance is every changing. Just a week ago Boulder PD stopped our friend and asked about a "Boulder permit" for his Openly Carried handgun.

WE CANNOT ASSUME TO KNOW THE EXACT CIRCUMSTANCES SURROUNDING OUSHINHOGIN'S ISSUE.

Is there more to the story? Is this forum member a Trust Worth Source?

Is there supporting documentation? A report? A police case number?




I tend to Trust the word of our more VENERABLE posters here.


Again; just previous to this incident; we had a forum member QUESTIONED by TWO BOULDER POLICE OFFICERS from their Patrol Car. Our forum member was OC at the time and did not get arrested or "in trouble" in any way.

Again; as I stated before; OUSHINHOGIN is NOT the first forum member to OC in Boulder and certainly somebody is OCing in the city at least once a week or maybe even once a day.


Again; nobody has posted ARRESTED BY BOULDER PD FOR OC except this guy and Remember a long time ago somebody got escorted out of a Barnes and Nobel and WAS NOT ARRESTED.


Point proven.

 

[cscitney87]

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CRS 29-11.7-104. Regulation - carrying - posting.

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.
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Senate Bill 25 preempts some local firearms laws, based on the legislature's responsibility to protect the most important of all statewide concerns: the constitutional rights of Colorado's citizens. The bill enforces those rights with four specific measures:

• Protecting the rights of hunters to travel to transport firearms in their car while on the way to a hunting trip; and protecting the right of drivers to posses a firearm for lawful protection in their automobile
• Ending the collection of privacy-invading registration lists of legal gun owners.
• Prohibiting the banning of lawful firearms
• Requiring that restrictions or prohibitions on the unconcealed carrying of firearms be accompanied by posted signs, so that citizens can obey the law.

 

[bomber]

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RockyMtnScotsman wrote:

never, NEVER, NEVER depend on a cop for a valid legal opinion or interpretation of the law

i wholeheartedly agree.

 

[bomber]

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cscitney87 wrote:

Pace wrote:

This topic SO DID NOT HELP ME. So no one has any idea if OC bans are being enforcedd!?

Read read read read read. If OC bans were enforced across the State; our Forum would have more "POPPED FOR OC IN _____" threads. lol lol lol

The fact that our Colorado section is Very Uneventful is the very proof that no OC bans are being enforced outside of Denver.

excellent point. this whole discussion somewhat abstract until one of us (or someone we know) actually gets arrested and charged under one of these ridiculous laws. so far i have only read of one guy in CO getting popped in Longmont, and I think he is currently fighting or he already won.

i try to keep up with the legal discussion, but really, i don't pay any attention to any "maybe's" when it comes to OC. I don't OC in denver county, and I do OC everywhere else I go. so far no problems. until i have a serious legal problem, I will continue to OC.

 

[cscitney87]

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bomber wrote:

cscitney87 wrote:

Pace wrote:

excellent point. this whole discussion somewhat abstract until one of us (or someone we know) actually gets arrested and charged under one of these ridiculous laws. so far i have only read of one guy in CO getting popped in Longmont, and I think he is currently fighting or he already won.

i try to keep up with the legal discussion, but really, i don't pay any attention to any "maybe's" when it comes to OC. I don't OC in denver county, and I do OC everywhere else I go. so far no problems. until i have a serious legal problem, I will continue to OC.

Couldn't have said it better myself

 

[DocNTexas]

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cscitney87 wrote:

DocNTexas wrote:

centsi wrote:

I concur. OC bans are not being enforced outside of Denver. Everywhere else has signs.

This does not appear to be entirely true according to this post from a different thread.



Posted April 7th by oushinhogin:

...


So, if this post is legitimate, it would appear thatBoulder has taken a different view of dealing with the OC issue. After reading this post, I called the Boulder PD (again) and was told OC was NOT allowed in the city of Boulder. While I have received different answers at different times from Boulder PD officials and its officers, it appears that they have now taken an official stance on the issue. Perhaps this will be the deciding case for the issue statewide.

Doc

It appears, from your remarks; that Boulder PD "takes an official stance" on the issue More often than Not; and that stance is every changing. Just a week ago Boulder PD stopped our friend and asked about a "Boulder permit" for his Openly Carried handgun.

WE CANNOT ASSUME TO KNOW THE EXACT CIRCUMSTANCES SURROUNDING OUSHINHOGIN'S ISSUE.

Is there more to the story? Is this forum member a Trust Worth Source?

Is there supporting documentation? A report? A police case number?




I tend to Trust the word of our more VENERABLE posters here.


Again; just previous to this incident; we had a forum member QUESTIONED by TWO BOULDER POLICE OFFICERS from their Patrol Car. Our forum member was OC at the time and did not get arrested or "in trouble" in any way.

Again; as I stated before; OUSHINHOGIN is NOT the first forum member to OC in Boulder and certainly somebody is OCing in the city at least once a week or maybe even once a day.


Again; nobody has posted ARRESTED BY BOULDER PD FOR OC except this guy and Remember a long time ago somebody got escorted out of a Barnes and Nobel and WAS NOT ARRESTED.


Point proven.

CS,

Why are you so confrontational? You are always ready to jump on anyone that says anything you disagree with. I simply posted the information I came across.I could care less if you consider it valid or not. I also clearly stated in my post "IF THIS POST IS LEGITIMATE", acknowledging the possibility that it is not all inclusive or even true for that matter.

Given the statement, however, if he was OCing and cited for it then it would say that Boulder plans to enforce the law that way. As for those who were not cited in the past, it could be they cooperated and were subject to officer discretion. It IS a very vague law, remember. In addition, I, as well as others, have been given different interpretations of the statute by officers and other Boulder officials, so who can actually say. I have even OCed in Boulder in the past, but I have never encountered an officer when doing so.

The point is, there is reason to suspect a risk exists in Boulder. Please, carry as you wish but don't get so abusive when someone posts something you don't like or disagree with.

Tell me this, if this incident is true and this guyOCed in Boulderbecause he trusted YOUR adamant claims on here that he was perfectly legal to do so, and in the end this poor guy is found guilty and has to pay a fine, court cost, and forfeit his handgun..... are you going to pay him back? Will you care?

It is one thing for you to make a decision for yourself, as you are the only one to pay the price if you are wrong. But it issomething very different to actively work to convince others to do the same when they will pay the price for anyerror in your judgement.I make my own decisions and I am willing to share my reasons with others but I ALWAYS tell them the risks as well and let them make their own decisions. There are many out there that unwisely trust those they feel are confident in their information and issuing the claims you do is dangerous for them, not you.

Again, this is a forum for sharing information, ideas and opinions, not the "come let CS tell you how it is" forum. Offer your opinions and post your information, but don't play with the welfare of others. Oh, and be a politeadult on here.

And as for your "POINT PROVEN"....remember, the absence of evidence is not evidence of absence.

Doc

 

[cscitney87]

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Okay Doc You're right. You cannot OC in Boulder. Where else can't you OC, Doc?

 

[T_Swensen]

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I looked up the city ordinance in Lakewood when I was visiting back in November. I spoke to a couple of Lakewood police officers that basically told me that they would arrest me for brandishing if I open-carried in front of them.

The ordinance basically says that open carry is illegal if it is in a situation where someone might feel threatened. (brandishing is not even mentioned in the ordinance) Since this could be any circumstance that a police officer feels like applying it to, I would not open-carry in Lakewood. I don't have the ordinance at hand readily, but I can look for it later today.

 

[cscitney87]

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T_Swensen wrote:

I looked up the city ordinance in Lakewood when I was visiting back in November. I spoke to a couple of Lakewood police officers that basically told me that they would arrest me for brandishing if I open-carried in front of them.

The ordinance basically says that open carry is illegal if it is in a situation where someone might feel threatened. (brandishing is not even mentioned in the ordinance) Since this could be any circumstance that a police officer feels like applying it to, I would not open-carry in Lakewood. I don't have the ordinance at hand readily, but I can look for it later today.

If you search through our Colorado forum here; you will discover that I have posted a personal letter from Janet Young; she's Lakewoods head DA. Open Carry is 1000% legal in Lakewood- I actually consider Lakewood a sanctuary for Open Carry because contrary to your post- there is No ordinance what so ever banning the open carry of firearms for self defense. I'll post the letter and the ordinance for you anyway. Feel free to contact Janet Young in the same fashion I have- she's very nice and helpful.

Rest easy, friend- Lakewood is OC friendly.
[line]City of Lakewood
Office of the City Attorney

Janet Young
Deputy City Attorney
445 South Allison Parkway Lakewood, CO 80226-3106
(303) 987-7102
August 19, 2009 FAX: (303) 987-7296

Dear Mr. Scitney:
I am writing in response to your recent email in which you inquired regarding the legality of openly carrying firearms within the City of Lakewood. As noted in your email, the open carrying or wearing of a firearm as set forth in Section 9.32.050 of the Lakewood Municipal Code is prohibited in any City park, community center, recreational facility, the Lakewood Civic Center, City trail, or City open space including any City owned, operated, or leased building or property when said City building or City property is posted with a sign at the entrance that informs persons that the open carrying of a firearm is prohibited in such building or area. The exceptions to said prohibition are listed within Section 9.32.050. The Lakewood Municipal Code does not otherwise prohibit the open carrying of firearms within the City limits.
Private property owners or their designees may lawfully prohibit the possession of firearms on their premises. Persons who are the subject of a protection order may be prohibited from carrying a firearm. Additionally, persons convicted of a felony are prohibited from carrying a firearm as are persons convicted of a crime of domestic violence. State law strictly restricts juveniles from possessing a handgun and generally outlaws the possession of a firearm on school grounds.
Citizens typically react with fear and alarm when they encounter a person openly carrying a firearm. Police are frequently called to investigate the circumstances. To avoid unnecessary confrontation, anytime an officer approaches a citizen who is carrying a firearm, the citizen should let the officer know that he is armed, should keep his hands visible at all times, and should fully cooperate with the officer. The citizen should avoid making any movement that could be mistakenly misconstrued as a movement for the gun. The police department encourages citizens who desire to carry a handgun to apply to the Jefferson County Sheriff’s Office for a concealed handgun permit.

Sincerely,
Janet Young
Deputy City Attorney

 

[cscitney87]

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I actually encourage you all to print out this letter and keep it for yourself if you truly feel threatened OCing in Lakewood. This would be your get out of jail free card; per say.

"Since this could be any circumstance that a police officer feels like applying it to, I would not open-carry in Lakewood. I don't have the ordinance at hand readily, but I can look for it later today."

None the less; T Swensen - You are completely legal and safe to OC here in Lakewood. Welcome and I hope to see you around town; feel free to stop me and say hello.

 

[T_Swensen]

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I looked it up, and it seems kind of ambiguous. I enjoy open-carrying, but some law enforcement officers see what they like to. I will have to print out this letter and keep it in my wallet. Apparently, it is illegal to discharge a pellet gun within Lakewood City limits as well. Nonetheless, here is what I found:

http://municode.cityoflakewood.us/show-section.php?id=3014
"09.34.010- Weapons Apparently Capable of Producing Bodily Harm - Carrying, Exhibiting, Displaying or Drawing Unlawful - Exhibitions A. It is unlawful for anyone to carry, exhibit, display or draw any pistol, rifle, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons."

I guess that the burden of proof would be on the arresting officer, but sometimes it ends up being on the open-carrying individual in determining if the circumstances "warranted alarm for the safety of other persons."

 

[cscitney87]

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T_Swensen wrote:

I looked it up, and it seems kind of ambiguous. I enjoy open-carrying, but some law enforcement officers see what they like to. I will have to print out this letter and keep it in my wallet. Apparently, it is illegal to discharge a pellet gun within Lakewood City limits as well. Nonetheless, here is what I found:

http://municode.cityoflakewood.us/show-section.php?id=3014
"09.34.010- Weapons Apparently Capable of Producing Bodily Harm - Carrying, Exhibiting, Displaying or Drawing Unlawful - Exhibitions A. It is unlawful for anyone to carry, exhibit, display or draw any pistol, rifle, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons."

I guess that the burden of proof would be on the arresting officer, but sometimes it ends up being on the open-carrying individual in determining if the circumstances "warranted alarm for the safety of other persons."

Whichever your disposition to law enforcement; carrying that letter is a good idea. Now you can open carry and know that you can always try to bring the letter to attention. I would never make any quick movements (to quickly get the letter out of the wallet).

Even better than my letter is your own letter. Not that I mind, I don't - but that would be just great to get more law abiding citizens to contact Janet Young on open carry. I would love it if we all had our own personal letters to the effect.

Open Carry On