Open Carry

[CUatTheEnd]

Hey guys, doing a lot of reseach on this, I know the law allows me to (i.e. except Denver), here in Fort Collins, perhaps discussed in an earlier thread, anyone do this often? Feedback? Worth the trouble? Any trouble? Here is an artical I found about a PA man who Open Carried.

http://www.fortcollinscriminallawatt...y-rights.shtml

(once in the link there is another link for the Fox News Artical at the bottom)

Also, I called Larimer County Open Space & Parks about Open Carry (i.e. Horsetooth Mtn Park). After reading this and left a message:

N. FIREARMS AND OTHER WEAPONS:
1. To publicly display or discharge any firearm, as defined in C.R.S. § 18-1-901(3)(h), except such firearm may be carried, unloaded, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. FINE $50.00
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2. To publicly display, carry on their person, use or allow the use of weapons of any kind, including but not limited to B.B. guns, pellet guns, long bows or cross bows, or other deadly weapons, as defined in C.R.S. § 18-1-901(3)(e), excluding firearms, except such weapon may be carried, unloaded or sheathed, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. Also excludes equipment for spearfishing, archery and gigging for carp or suckers if in accordance with CDOW regulations. FINE $50.00

(This regulation does not intend to constrict the rights given to current concealed handgun permit holders through CRS 18-12-214, who have their permits in their possession as required by CRS 18-12-204.)


does this mean I can conceal carry (I have my permit) but not open carry?

Thanks

[TFOGGER]

...

does this mean I can conceal carry but not open carry?

Thanks

That is correct. State law supercedes local regulation concerning concealed carry, but open carry is regulated locally.

[fitz19d]

That PA guy had the charges filed after they decided the videotaping he did was him purposely causing a scene.

I've open carried most of the time over the last 3 years or so. Most in Westminster, last 1.5yrs in Fort Collins. I am after I double check finances finally applying for a ccw just because of the fear/not wanting the hassle of dealing with some panicky californiatard who has moved here or a cop who just doesn't know the statutes. (My boss for example didn't believe "self defense" was one of the legitimate reasons for carrying/carrying in a car etc. Still need to show him lawsuit the guy won against loveland for being detained 2 hours over open carry.)

The one key is don't be all kinds of nervous, checking the position of it riding every minute etc. Don't carry your palm on top of it. If you are doing it right you would almost forget it's even there until you have need for it. Don't be stupid and try to press boundries, I avoid banks because while legal, people get antsy and dumb. Generally if you arn't acting nervous, I'd say at least half of the people around you do not notice(and I think it may be closer to 75-80%, of the ones that do it's regrettable but most assume law enforcement.

I've had a small handful of times when waiting in a line like @ a restaurant a guy ask me about if I need a permit to OC etc. Those have always ended up favorably being able to talk to them a bit and highlight colorado laws.

[fitz19d]

Read closer, not sure about horsetooth, but iirc, that is the exact place this guy won his open carry lawsuit.

Wasn't clear in post but I'm sure you know, for concealed you do need a permit.


If state law superseded local law, then you could ccw in Denver. But you can't they have a local ordinance against ccw, and open carry is via coloradoopencarry or whatever the site is a kind of grey spot. Last I knew, after a tied up state supreme court decision, it was still on the books as prohibited but there had been a DA or sheriff statement that they would not pursue charges on it. Even if it was free and clear, I'd avoid Denver just because of the reputation of police and likelihood of getting hassled.

[CUatTheEnd]

Thanks Fitz,

Good to meet someone else here in Ft. Collins on the site. I have my CCW, now for a month or so. I was just reading up on some other scenerios. I have read a number a times, it's always good to do both (OC and CCW). I need to get out of the habit of playing with my shirt to be sure the gun is concealed, like you said "don't be play'in around with it all the time." Thanks again and feel free to hit me up if you ever want to go out to pawnee to shoot. I was thinking about going sometime this weekend, probably Sunday or Monday.

[TFOGGER]

Read closer, not sure about horsetooth, but iirc, that is the exact place this guy won his open carry lawsuit.

Wasn't clear in post but I'm sure you know, for concealed you do need a permit.


If state law superseded local law, then you could ccw in Denver. But you can't they have a local ordinance against ccw, ...

Not really relevant to this thread, but you are incorrect.
State Law: CRS 18-12-201

states:

(1) The general assembly finds that:








(a) There exists a widespread inconsistency among jurisdictions within the state with regard to the issuance of permits to carry concealed handguns and identification of areas of the state where it is lawful to carry concealed handguns;








(b) This inconsistency among jurisdictions creates public uncertainty regarding the areas of the state in which it is lawful to carry concealed handguns;








(c) Inconsistency results in the arbitrary and capricious denial of permits to carry concealed handguns based on the jurisdiction of residence rather than the qualifications for obtaining a permit;








(d) The criteria and procedures for the lawful carrying of concealed handguns historically has been regulated by state statute and should be consistent throughout the state to ensure the consistent implementation of state law; and








(e) It is necessary that the state occupy the field of regulation of the bearing of concealed handguns since the issuance of a concealed handgun permit is based on a person's constitutional right of self-protection and there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit and in ensuring that the laws controlling the use of the permit are consistent throughout the state.








(2) Based on the findings specified in subsection (1) of this section, the general assembly hereby concludes that:








(a) The permitting and carrying of concealed handguns is a matter of statewide concern; and








(b) It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns for self-defense.








(3) In accordance with the findings and conclusions specified in subsections (1) and (2) of this section, the general assembly hereby instructs each sheriff to implement and administer the provisions of this part 2. The general assembly does not delegate to the sheriffs the authority to regulate or restrict the issuance of permits provided for in this part 2 beyond the provisions of this part 2. An action or rule that encumbers the permit process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this part 2 or that creates restrictions beyond those specified in this part 2 is in conflict with the intent of this part 2 and is prohibited.






And CRS18-12-204 states in part:

(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.

[Irving]

Nothing wrong with making sure your shirt is down, just be nonchalant about it.

[fitz19d]

@ Tfogger, you're right, I did have part mixed up. However, I'm still sticking with Denver cops/Denver County/city whatever still does not like/bans ccw. @ work, but will hunt down that info about how they are in violation/ignoring state pre-emption. (Was that decision like 7-10 years back where couple judges recused themselves, so it ended up tied in the state courts.) Maybe it changed within the last 2 years, but the info I was given from multiple sources, ccw class, and again opencarry.org was that Denver was doing it's own thing regardless of state constitution and pre-emption.

@TheEnd, unfortunately I work wierd hours and I have Tues/Wednesdays as my weekend. Once in a rare while I'll try to make early morning trips in which I have to be back to down by 2, 3 at the absolute latest. If you ever wind up with something in that time range feel free to hit me up. I'm itching to shoot on my boss's land after all this damnable rain.