Open carry in town will put you in jail

[Asha'man]

Or so says the owner of Blue Star Police Supply on Hampden and Monaco. I went in there today to buy a holster for camping this weekend (can you believe I had never gotten around to getting a holster until now?!). Wanted OWB for open carry, as I still haven't gotten my permit either, and said so. Guy went off and was like "as long as you're camping it's fine, because people get it out there, but if you open carry in the city you WILL go to jail, have your weapon melted down, and be charged with felony menacing. No ifs, ands or buts." I didn't want to antagonize him as I just wanted to buy a damn holster (got a Fobus paddle, feels nice so far), but he's way off base.

Isn't he?

[HunterCO]

He is full of crap and has no idea what the hell he is talking about. I have opened carried my serbu you can't possibly get anymore intimidating than that. 99% of the people that see it think its illegal and I have never had a problem.

On a saturday a couple of months ago I had a bunch trash to haul to my shop and throw in the dumpster. I open carried my serbu in broad daylight to my shop. The dumpster is in the back which is in the middle of the shopping center parking lot. There was hundreds of people all over the place who gave me strange looks mind you but that was it. My shop is right in the middle of Denver of all places.

I guess nobody wants to question a guy with a sawed off shotgun strapped to his leg. [LOL]

[Colorado Osprey]

It's not illegal to open carry if you can legally posess it...

I had to look up the Serbu.. I had never hear of them...cool
Mossberg or Remy version?

The only problem with open carry is people calling the police and getting hasseled about why you are carrying... and possibly a trumped up charge like menacing or inciting a disturbance.

[Asha'man]

As I thought. The sad part is that the guy is apparently a former cop. If the cop who comes after soccer mom calls 911 over your open carry is as informed as this guy, you're in for a time before you can prove you're in the right.

Nice guy otherwise, btw, just sadly misinformed. He's in a position to influence a lot of new/in-training cops, too, which is not good in this instance.

[rondog]

As I've always said, just because you legally CAN do something, doesn't mean it's a GOOD IDEA to do it. People get too hung up on their "rights", and don't always see the other p.o.v. Sure, this is an Open Carry state, but how many times have you actually seen someone strolling down the street wearing a sidearm?

I've read too many rabid, foaming-at-the-mouth, soapbox rants because of somebody stepping on someone else's "right" to open carry. I can't understand why some folks think it's such a great idea, all it's going to do is attract a LOT of attention your direction. Might even make you a target for some BG that wants your gun.

Simple fact of the matter is, it will freak out the sheeple, and bring grief down upon your head, whether it's legal or not. The sheeple expect the po-po to "serve and protect" them, and won't hesitate to scream for help to "protect us from the madman with a gun". You may have a legal right to open carry, but that won't stop them from harassing and busting your ass, and costing you beaucoup $$$$$$ in legal fees to defend that right. You might win, but the lawyers will ALWAYS win.

Now, I have a CWP and I carry concealed, and I've always carried in my vehicles since I found out that's legal even without a CWP. But I have no need/want/desire to advertise to anybody else that I'm armed. That just spoils the surprise!

Just my opinions, not trying to start a big argument here. Rights are rights and laws are laws, but sometimes discretion is a little more sensible. JMHO, no flames please!

[teotwawki]

Hrm, see I am of the belief that you don't have any rights unless you exercise them. If more folks open carried it would become commonplace and no one would be bothered. The issue is that most of us are too busy with our pitiful lives to risk exercising our rights - so therefore we lose them.

What you don't use you lose.

---
Ron Paul 2008!

[wyzardd]

This is worth almost what you pay for it, but I've found that with the right clothes and mannerisms no one looks twice at you. Or if they do, it's not the gun they're seeing.

Dark long sleeved button up shirt, dark slacks, black holster and basic black semi-auto. Stand tall and know that if you think about it, they'll notice it.
Or the most outlandish Western outfit you can find with an El Paso Saddlery belt and holster for your Vaquero.

Not that I've done this since that Chief in Stratton started handing out CCW's back before the State pulled its collective head out, but it worked way back when.

[HunterCO]

I will put my tinfoil hat on and see if I still wish to open carry..........Ok my tinfoil hat did not work. Somebody please explain how I make one that will change the law from legal to illegal??? Better yet make one that will give a cop the power to charge me for not breaking any law??

I really need a tinfoil hat that works I am at a loss. I would also prefer one that makes the constitution null and void! After all I would really hate to inconvienence anybody by exerciseing my god given rights!!

[rondog]

Just keep in mind, sometimes an open carry can put your life in danger. Unless you assume that everybody, there dog, and their grandma is out to kill you, anyone could walk up while your bending down to get that coca-cola out of the vending machine and grab your gun.

Or, if your in the unlikely event of a heist, is that open carry going to do you any good? They will either demand that you give it to them before you have a chance to draw, or just shoot you. Most people planning a heist wouldn't feel bad about the latter.

Concealed, for defense is the way to go.

By the way, Colorado is a "open carry" State Only because there is no law that states if it is legal or illegal, making legal by default but it is a grey area because individual cities can make rules against it, and any officer can charge you with disturbing the peace, felony menacing, whatever they like - your not protected because there is no law that says its ok.

I'd personally recommend avoiding open carry until the legal situation of the country or State changes, and I'd always recommend concealed carry of open no matter what the situation, for your own saftey.

That's what I mean, IMO it would make the wearer a target. Wouldn't be hard to sneak up behind you and hit you in the head with a club, brick, rock, or even a hard punch.



"By the way, Colorado is a "open carry" State Only because there is no law that states if it is legal or illegal, making legal by default but it is a grey area because individual cities can make rules against it, and any officer can charge you with disturbing the peace, felony menacing, whatever they like - your not protected because there is no law that says its ok."

That, I didn't know....thanks for clarifying it!!! Legal or not, rights or not, bottom line, for me anyway, is that I'd rather my gun just be my little secret that nobody else knows about.

[mattiooo]

Legal or not, rights or not, bottom line, for me anyway, is that I'd rather my gun just be my little secret that nobody else knows about.

A big +1 to that. There are so many things to worry about if everyone knows you're armed....puffed up kids out to prove something, the drunk that just hobbled out of the bar looking for a fight, the opportunist gang-banger, or even just a cop out to prove something.

Mr. Ayoob said it himself....Don't let anyone know you have a gun, or everyone will want your help....or your gun.

[BadShot]

http://www.rmgo.org/faq/#OpenCarry

[B2crawler]

Open carry in Denver? Do you not see on the news how often the PD shoots people. I wouldn't care to take the chance.

[wyzardd]

Just one of many reasons to avoid Denver :)

[Circuits]

As of 2003, the same law which made concealed carry uniform and "shall issue" statewide also gave local governments the right to restrict open carry.

Denver, and Manitou Springs, for two, have enacted ordinances outlawing open carry within their borders - I'm sure some other liberal bastions have done likewise.

[HunterCO]

CO’s preemption law passed and a Denver judge over turned “PARTS” of it. Open carry is 100% legal state wide period. The judge ruled that places like Denver could use home rule to restrict open carry in certain places such as parks. They can not restrict you from walking through the streets of downtown.

Gun owners are our worst enemy, I meet very few that know the law.

Then of course to make matters worse they all have tinfoil hats.

I think I am going to take the buss tomorrow I would hate to have somebody claim I was driving recklessly and get arrested.

[Circuits]

Authority to regulate open carry was part and parcel of the concealed weapons law:

CRS Section 18-12-201(1)(e). However, local governments may still enact regulations prohibiting the open carrying of firearms in a building or specific area within the local government's jurisdiction, as long as the local government posts signs to that effect.


As for the pre-emption bill: Denver got the portions of the bill overturned which struck down their pet "assault weapons" ban...


On November 5, 2004, Denver District Court Judge Joseph Meyer granted declaratory and injunctive relief to the City with regard to several ordinances and portions of ordinances. However, the court also found that state law renders some of Denver's ordinances and portions of ordinances invalid. Id.

In making its ruling, the court determined, on a case-by-case basis, whether each ordinance at issue addressed a matter of local concern, statewide concern, or mixed local and statewide concern. The court determined that Denver's ordinances regulating the open carrying of firearms, assault weapons and Saturday night specials, and the open carrying of firearms in city parks involve matters of local concern and enjoined the state from enforcing its preemption laws against the City in these areas. Id.

The overturning was done by a Denvery City/County court judge, and the state Supreme Court deadlocked 3-3 whether to grant review (a pro-gun justice recused him/herself for some reason - or maybe there was a vacancy at the time? I forget), so the the lower ruling, overturning portions of the state law, was allowed to stand.

To adjust my earlier comment, Denver *could* outlaw open carry on city streets, simply by putting up a sign to that effect on said street, but it appears they haven't done so. I'd have to research what Manitou did to be more specific.