Open Carry Question

[TFOGGER]

Legal definition per Wheatridge Municipal Code:

Concealment means the deliberate hiding of a weapon upon or near the person with the intent to avoid the lawful detection thereof. It shall be evidence of concealment that the weapon is hidden so as to make it immediately available for use in the fashion in which the weapon is designed to be used.

Different cities have different definitions, so it depends on where you're carrying....

[BigBear]

Best thing to do if you don't have a liscense is just tuck in your shirt and wear an OWB.

[BadShot]

Another fair definition from years ago is that if a person in a normal state of mind can identify it as a firearm, it's in the open. So in conjunction with something like the Wheatridge definition, you most likely aren't going to get nailed if your shirt tails billow over your holster on a windy day.

[BigBear]

Another fair definition from years ago is that if a person in a normal state of mind can identify it as a firearm, it's in the open. So in conjunction with something like the Wheatridge definition, you most likely aren't going to get nailed if your shirt tails billow over your holster on a windy day.

Don't leave it to fate though. Cops can still bust you for concealment if you don't have the permit and they are in a bad mood.

[Irving]

So once you have a permit, then what is the definition of concealment? If you don't have a permit, it is because you are avoiding lawful detection, but if you carry the same way with a permit, then what is the concealment doing?

Poorly written IMO.

[TFOGGER]

So once you have a permit, then what is the definition of concealment? If you don't have a permit, it is because you are avoiding lawful detection, but if you carry the same way with a permit, then what is the concealment doing?

Poorly written IMO.

I should have included the ordinance as well as the definition:

Sec. 16-83. Carrying concealed deadly weapons. (a) It is unlawful for any person to knowingly carry a knife or firearm concealed on or about his person; provided, that this chapter shall not apply to persons in their own domiciles or places of business or on property owned or under their control at the time of the act of carrying, or to persons in private automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's person or property or for any other legal purpose.

(b) Nothing in this section shall apply to peace officers or members of the Armed Forces of the United States or Colorado National Guard acting in the lawful discharge of their duties.

(c) Nothing in this section shall apply to persons who possess a valid permit or license to conceal such weapon or weapons, which license or permit was duly issued pursuant to applicable state or federal law.

[iamhunter]

It's not that I'm trying to buck the system. I just believe that if I want to carry a concealed weapon, that's my constitutional right. Not something that needs to be regulated.

Of course the law is the law and as long as things stay like they presently are, I will abide by those laws.

But on principal, I refuse to participate in a regulated activity which should not be regulated.

So open-carry is my only option. And I would like to take advantage of that right without looking like a total asshat with a thigh rig. Haha. I guess I'll have to delve into the Colorado Springs municipal code.... sheesh.

[TFOGGER]

It's not that I'm trying to buck the system. I just believe that if I want to carry a concealed weapon, that's my constitutional right. Not something that needs to be regulated.

Of course the law is the law and as long as things stay like they presently are, I will abide by those laws.

But on principal, I refuse to participate in a regulated activity which should not be regulated.

So open-carry is my only option. And I would like to take advantage of that right without looking like a total asshat with a thigh rig. Haha. I guess I'll have to delve into the Colorado Springs municipal code.... sheesh.

For Colorado Springs:

9.7.102: UNLAWFUL CONCEALMENT: A.For purposes of this section, "conceal" shall mean placement of the dangerous or deadly weapon in question about the person, or within the person's immediate reach, in a manner as to be either completely hidden from view or partially hidden to an extent that another person making normal contact with the person cannot ascertain the true nature of the weapon.
B.It is unlawful for any person to wear under the person's clothes, or conceal about the person, or conceal in a motor vehicle within the person's immediate reach, any dangerous or deadly weapon. The exceptions to this prohibition are provided for in section 9.7.105 of this part. (1968 Code �8-14; Ord. 80-13; Ord. 94-67; Ord. 01-42)

This language is obviously out of date, as CRS 18-12-201 strips the cities of the ability to enforce most parts of section B.

[iamhunter]

For Colorado Springs:



This language is obviously out of date, as CRS 18-12-201 strips the cities of the ability to enforce most parts of section B.

Thanks for the reference. That seems to clear up all my questions!

[Irving]

Glad they threw that in there. Obviously it shouldn't apply to license holder, but with wording like that, you are on shaky ground. Like if you some how forget your permit that day, now you are only concealing to avoid lawful detection.