Question About Concealed Carry in Denver

[Boba Fett]

So I'm filling out the paperwork for a new handgun purchase at the Post Exchange on Fort Carson yesterday. The lady behind the counter hands me a pile of information papers they're required to provide, which includes information about obtaining a concealed carry permit. She then tells me "Oh by the way, you can't conceal carry in Denver." I responded by asking if she was sure about that, because my understanding is that you could not open carry in Denver County, but you could carry concealed with a permit. She insisted that concealed carry was not allowed in Denver at all even with a concealed carry permit. I didn't want to challenge her on this because I thought something might have changed since I last looked into it. I just accepted what she said and drove on with the paperwork. Is she right about this? Am I missing something? I was pretty sure you could conceal carry in Denver as long you had a permit (granted you're not carrying the gun in restricted areas such as Government facilities, schools, etc.). If she's wrong, then she's putting out bad information to a lot of Soldiers who are buying handguns and have plans to legally carry concealed. Thanks.

[SuperiorDG]

She is wrong, just take my word on it.

[Boba Fett]

She is wrong, just take my word on it.

I believe you. I'll have to obtain a written copy of the law and provide it to them, because they don't seem to know what the hell they're talking about. Thanks.

[TFOGGER]

The Meyer decision reaffirmed the supremacy of State law over local ordinance. Most municipalities have an ordinance on the books prohibiting concealed carry so they can charge it as a municipal offense, but a valid permit issued by ANY county invalidates them.

http://www.courts.state.co.us/Media/...v3809order.pdf

Skip to page 14 for a summary of the judgement.

CONCLUSION, DECLARATION AND INJUNCTION
Based on the foregoing conclusions of law, I hereby order as follows:
1. DRMC §§38-117(a), 38-117(f) and 38-118, insofar as these ordinances regulate
the carrying of firearms in automobiles without a permit, are preempted by C.R.S.
§§18-12-204(2)(a), 18-12-214(1)(a) and 18-12-105.6 (2003) to the extent their
language is more restrictive than state law as described above. These ordinances
remain valid and enforceable in all other respects.
2. DRMC §§38-117(b) and 38-118, insofar as these ordinances regulate the open
carrying of firearms, remain valid and enforceable by the City and are not
preempted by C.R.S. §29-11.7-103 (2003).
3. DRMC §38-130, concerning assault weapons, remains valid and enforceable by
the City and is not preempted by C.R.S. §29-11.7-103 (2003).
4. DRMC § 38-122(b) and (c), prohibiting the sale of Saturday night specials,
remains valid and enforceable by the City, and is not preempted by C.R.S. §29-
11.7-103 (2003).
5. DRMC § 38-124, insofar as this ordinance prohibits the furnishing of firearms to
minors without exceptions, is preempted by C.R.S. §18-12-108.5 (2003).
6. DRMC §38-131, concerning the safe storage of firearms, remains valid and
enforceable by the City and is not preempted by C.R.S. §18-12-108.5 or §29-
11.7-103.
7. DRMC §39-9 prohibiting firearms in parks:
A. Remains valid and enforceable by the City in regard to all firearms other
than concealed handguns carried with a permit, and is not preempted by
C.R.S. §29-11.7-103 (2003);
B. Is preempted in regard to concealed handguns carried with a permit by
C.R.S. §§18-12-204(2)(a), 18-12-214(1)(a) and 18-12-105.6 (2003).
8. Since the State has conceded the continuing validity and enforceability of the
following City ordinances and regulations, these ordinances remain valid and
enforceable and are not preempted by C.R.S. §29-11.7.103 (2003) or other state
statutes: -15-
A. DRMC §14-92, concerning firearms in vehicles, presumption of
possession;
B. DRMC §38-117(c), concerning the display and flourishing of firearms;
C. DRMC §38-121, concerning the firing and discharge of weapons;
D. DRMC §38-123, concerning identification and records of weapons sales;
E. DRMC §38-124, insofar as this ordinance prohibits the furnishing of
firearms to intoxicated persons and others;
F. DRMC §42-137, concerning the carrying of firearms by licensed security
guards;
G. DRMC §59-80(6)(c)(1), concerning the sale of firearms by licensed
dealers in residential zone districts;
H. Career Service Authority Rules 15-110(A) and 16-50(A)(6), concerning
the unauthorized carrying of firearms by City employees; and
I. Manager of Aviation Rules 20.09 and 20.10, prohibiting firearms in
restricted areas of the airport.
9. The State is and shall be permanently enjoined from enforcing against the City
the preemptive language of the statutes adopted or amended by SB 03-24 and
SB 03-25, or from otherwise interfering with Denver’s enforcement of the City
ordinances and regulations set forth above in paragraphs 2, 3, 4, 6, 7A and 8A
through 8I on the basis of these statutes.
10. Any and all claims related to DRMC §38-125 shall be dismissed due to the fact
that this ordinance was repealed after the institution of this action by the City.

ETA: quoted above

[spleify]

She is VERY wrong. No open carry in the City and County of Denver but carrying with a valid CCW permit in Denver City an dCounty is indeed legal. The usual spots are still off limits.

[spqrzilla]

Since I have friends with Denver issued CHP .... el wrongo.

[J]

CRS 18-12-214

(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all
areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to
use a handgun in a manner that would violate a provision of state law. A local government does not have
authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part
(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The
peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a
place where the carrying of firearms is prohibited by federal law. Page 18-senate bill 03-024(3) A permit
issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property,
or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except
that:
(a) A permittee may have a handgun on the real property of the public school so long as the handgun
remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment
within the vehicle and the vehicle is locked.
(b) A permittee who is employed or retained by contract by a school district as a school security officer
may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public
elementary, middle, junior high, or high school while the permittee is on duty.
(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district
that is used for hunting or other shooting sports.
(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a
public building at which:
(a) Security personnel and electronic weapons screening devices are permanently in place at each
entrance to the building;
(b) Security personnel electronically screen each person who enters the building to determine whether the
person is carrying a weapon of any kind; and (c) Security personnel require each person who is carrying a
weapon of any kind to leave the weapon in possession of security personnel while the person is in the
building.
(5) nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a
private property owner, private tenant, private employer, or private business entity.
(6) the provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-
209.

[Boba Fett]

Thanks for providing the information to challenge this, guys. I appreciate it. Now to go set her straight... tactfully of course.

[spleify]

Thanks for providing the information to challenge this, guys. I appreciate it. Now to go set her straight... tactfully of course.

Let us know how she takes it

[spqrzilla]

Thanks for providing the information to challenge this, guys. I appreciate it. Now to go set her straight... tactfully of course.

Why?