Avoiding concealment issues with a cased rifle

[Carl Morris]

I spent a while searching on this, but none of the answers seemed specific to this situation...

So if I buy a rifle and would like to avoid freaking out the neighbors while carrying it in and out of the house, I put it in some kind of case, right? If I do that, what do I need to do to make sure I'm not running afoul of concealed weapon laws?

I see the law that says it must be unloaded in a vehicle, so I'll be keeping it unloaded all the time, but is that enough to avoid getting in trouble while on foot? Or do I need to just carry the thing in the open and freak out the Boulderites just to avoid the issue?

Is there any place that spells out the specifics of the law for this situation?

[Boat Guy]

Don't know of any legal reference (just returned to the state after 28 years). I make it a practice to carry long guns in and out of the house cased - no point in advertising what is or is not in your home/possession. If they're unloaded you should not be in any real jeopardy. Given the fact that you can take a cased - and clear - firearm into DIA in order to check it through for a flight I can't see how it would be a violation on your own property

[HunterCO]

You can carry it cased or uncased it does not matter. I always have them in a case because I don't want them getting banged up in the back of my truck.

Rifles do not have to be unloaded in the state of colorado you simply can not have a round in the chamber. When hunting I always have my rifle with me in the cab uncased with the magazine loaded. I even drive in to town this way to pick up supplies.

You can go either way it's you're call.

[Carl Morris]

Thanks for the replies.

One more question in this area, what makes a case a "gun case"? For example, can I carry it around in my electric bass gig bag, or does that make it a "concealed weapon" even if unloaded?

[pickenup]

Keeping in mind that you are talking about.....Boulder.
Just seeing a firearm could "alarm" some people enough, that they would faint, ON THE SPOT. [ROFL1]

From the BRC (Boulder Revised Code)


5-8-7 Flourishing Deadly Weapon in Alarming Manner.

No person shall display or flourish a deadly weapon in a manner calculated to alarm another person.

Does this help?



5-8-21 Open Carriage of Firearms in Carrying Cases Required.

Any person carrying a firearm off of the person's property or outside of the person's business or vehicle shall carry the firearm in a carrying case. The carrying case must be recognizable as a gun carrying case by a reasonable person. A plain-shaped case must be clearly marked to be deemed recognizable under this standard. The carrying case must be openly carried and must not be concealed on or about the person. This section shall not apply to individuals who have a permit to carry a concealed weapon issued pursuant to state law.

[Carl Morris]

Yeah it's the Boulder thing that has me concerned :-).

That does help a lot, thanks. Now I guess I need to figure out how to "clearly mark" a case as a gun case, and I guess the guitar case is out :-). Sucks that it HAS to be in a case...guess I'll be buying one soon if I can figure out how to mark it.

[jobhater]

Use electric tape and spell out "Gun Case" in large letters on it. Feds can't fault you for that, I would think. Its clearly marked.

[Boat Guy]

Does the Boulder Code really use the word "flourish"?
How apropos if it does.
The usual legal term is "brandish", but I suppose Boulder being Boulder ...

[Carl Morris]

Thanks to everyone. Was talking to my Boulder LEO friend tonight about it and he suggested stopping off at Sports Authority on the way home and picking up a $15 plastic case and stop worrying about it, so I did. I didn't realize I could snag one that cheaply and conveniently.

[SigsRule]

Also, hunterCO is correct. By federal definition, a rifle is unloaded if it has nothing chambered. That's all that matters. Some LEO's don't know this but in the event you were ticketed you would get it struck down easy. If we did things based on what every LEO thought was right and not based on what the law said we wouldn't be shooting at all. The whole gun-case ordinance that they have above would probably not hold up well to challenge in court either. I'd hedge a bet that nobody has ever been ticketed or prosecuted for it, unless its to rack up more charges on a serial killer (12 counts murder in the first degree, 1 count carrying unmarked guncase... I hereby sentence you to three consecutive life sentances and a fine of $35 to be paid immediately!!)

Prior to the elk hunt in Lone Mesa State Park, the Rangers (who happen to be sworn officers and carry firearms) brief us on state laws every year. HunterCO is absolutely correct. You can have ammo in the magazine and the magazine in the weapon as long as the chamber is empty while inside the vehicle. Our hunting party crossed paths on two different occasions with forest rangers while driving and were asked to show our weapons. We were in the front seat with the passenger obviously holding two rifles with the butts on the floor and muzzle up. My friend has a Remington with a removable magazine - he removed the magazine then opened the bolt to show the chamber was empty. My Weatherby doesn't have a removable magazine, so I just pulled the bolt back far enough to show that there wasn't a cartridge in the chamber. No muss, no fuss.

[LeJerk]

Open carry in Boulder?

[Carl Morris]

No, in Boulder it has to be in a case if it's not in your car or on private property according to what I've found so far.