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I'm Confused!

Colorado Luckydog

Regular Member
Joined
Apr 23, 2009
Messages
40
Location
Centennial, Colorado, USA
imported post

I just had a 16 year police officer tell me it is legal to open carry in Denver. He has been a cop in Colorado for 16 years and a Denver cop for the last 12 years. He says it is legal but not recommended.

I'm perfectly content to carry concealed. I feel it gives me the element of surprize. However, I feel the right to open carry is ours per the 2nd ammendment and I don't think any city should be able to infringe on those rights.

I'm new here and I know you guys have probably had the discussion a thousand times but I always thought open carry in Denver was illegal.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,277
Location
Fairfax Co., VA
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Chief_of_Scouts wrote:
Because it is illegal to open carry in Denver.

Sometimes, even police officers are wrong.

Of course, he could have been implying that it is legal for him to open carry. :p

Cite, please. For the new guy.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
 

Flyer22

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Joined
Jun 26, 2008
Messages
374
Location
Colorado Springs, Colorado, USA
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I had never actually looked it up myself, so I decided to.

Note the difference in wording between the first parts of (a) and (b).


Article IV, Division 2

Sec. 38-117. Dangerous or deadly weapons--Prohibitions.

(a) It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to wear under their clothes, or concealed about their person any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or any switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or any explosive device, incendiary device or bomb, or other dangerous or deadly weapon.

(b) It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to carry, use or wear any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or any explosive device, incendiary device or bomb, or any other dangerous or deadly weapon.

[snip]

(f) It shall not be an offense under 38-117(a) or 38-117(b) if:

(1) The person, at the time of carrying the concealed weapon, holds a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, C.R.S., prior to its repeal, or, if the weapon involved was a handgun, holds a valid permit or a temporary emergency permit to carry a concealed handgun issued pursuant to state law and is otherwise carrying the handgun in conformance with any applicable state or local law; or

(2) The person is carrying the weapon concealed within a private automobile or other private means of conveyance, for hunting or for lawful protection of such person's or another person's person or property, while travelling, and the weapon is not an explosive device, incendiary device, or a bomb. If the weapon is a firearm being transported for hunting, it shall be unloaded while being carried within the private automobile or other private means of conveyance.


http://www.municode.com/resources/ClientCode_List.asp?cn=Denver&sid=6&cid=11266
 

Chief_of_Scouts

Regular Member
Joined
Jun 29, 2008
Messages
37
Location
Colorado Springs, Colorado, USA
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Citizen wrote:

Cite, please. For the new guy.

Forum Rule #7:

If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
Didn't cite since it has been cited so many times already in this forum and many others. Didn't mean to make someone search for something. :?
 

entartet17

Regular Member
Joined
Jul 6, 2008
Messages
206
Location
Aurora, Colorado, USA
imported post

Colorado Luckydog wrote:
The more I read on this site the more I'm leaning towards carrying open.I think tomorrow will be myfirst all day open carry.

Do any of you guys carry open 24/7?
I OC almost all of the time. I dont have my CCW yet (I'm on day 45 of waiting) so OC is my only option. The only part of Aurora that I dont carry in is near Denver if I am not absolutely sure of where the boundry is. And contrary to what you were told, OC is not legel in Denver per the Meyer decision.

Most of my OC experience is in Aurora, but I've OC'd all over the Denver-Metro area (except Denver, of course).
 

FogRider

Regular Member
Joined
Jul 23, 2007
Messages
1,412
Location
Centennial, Colorado, USA
imported post

Colorado Luckydog wrote:
The more I read on this site the more I'm leaning towards carrying open.I think tomorrow will be myfirst all day open carry.

Do any of you guys carry open 24/7?
No. I remove my gun when I go to bed :p

But yes, I do carry most of the time, and when I do it's usually openly. About the only time I conceal is when I'm in Denver.
 

ecgoin

Regular Member
Joined
Nov 5, 2008
Messages
164
Location
Broomfield, Colorado, USA
imported post

If I have this right, OC in your car is OK in Denver, as is concealed in the car. Just don't step out of your carOCing or concealed W/O a permit. So if I am wearing my side arm, and a Denver LEO asks me to "Please step out of the vehicle sir", should I insist on removing the weapon, with permission of course, before I exit the car?
 

FogRider

Regular Member
Joined
Jul 23, 2007
Messages
1,412
Location
Centennial, Colorado, USA
imported post

I don't know about insisting on handling your gun, but I'd definitely tell him that you are carrying and not concealing. I don't know how the officer would want to proceed from there. Hmmm, perhaps a call to the Denver PD is in order here.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,854
Location
Free, Colorado, USA
imported post

Colorado Luckydog wrote:
I just had a 16 year police officer tell me it is legal to open carry in Denver. He has been a cop in Colorado for 16 years and a Denver cop for the last 12 years. He says it is legal but not recommended.

I'm perfectly content to carry concealed. I feel it gives me the element of surprize. However, I feel the right to open carry is ours per the 2nd ammendment and I don't think any city should be able to infringe on those rights.

I'm new here and I know you guys have probably had the discussion a thousand times but I always thought open carry in Denver was illegal.
Grandfathered Denver County municipal code prohibits it. It is not statutory. All other gun law is preempted by the State including carry, open or concealed, in your car. A recused Justice of the State SC is why their muni code wasn't overturned. The vote was 3-3. If the Justice who recused herself voted, it would have been overturned.
 

MedicOni

Regular Member
Joined
Dec 8, 2008
Messages
15
Location
ABQ, New Mexico, USA
imported post

I know here in NM, a police officer cannot force you to do something illegal. Similar to being pulled over on school property and them asking you to get out of the car while armed, you would not be held responsible for it
 
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