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open carry?
#1
i know you have to conceal carry at 21 with a ccp but im 19 and was wondering if i can legally open carry a handgun besides in denver and arvada and am i legally able to conceal carry in  my car?
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#2
Colorado law specifies that a handgun, carried for defensive purposes, is not "concealed" if it is a personal vehicle (C.R.S. 18-12-105(1)(b)). However, without a CHP, it cannot be brought on to public transportation at all.

However, open carry seems to be available to 18+ individuals who are otherwise not prohibited from possessing the firearm(C.R.S. 18-12-108.5).

Also see http://www.handgunlaw.us/states/colorado.pdf (a site whose accuracy I trust).


Not sure if you mean to type "have to" conceal with a CHP, but that is not accurate. When you turn 21, and you get a CHP, you do not "have to" conceal. It allows you the option to do so, and it also allows you an option to carry into certain places with less restrictions (see the Handgunlaw.us link, above).

I have never heard of Arvada preventing open carry before (but it does, I just checked their municipal code) - I thought that C.R.S. 29-11.7-101 through C.R.S. 29-11.7-104 would prevent that.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#3
Yes you can OC at age 18. In a car it can open or concealed, loaded or unloaded, (rifles can not have a round chambered).

Arvada does have code on the books banning OC but it is unenforceable. A year or so ago a man was arrested for OC in a restaurant. He won that battle.

Denver is the only city/county to challenge the state based on home rule and they are the only one with an enforceable OC ban.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#4
Beau, do you have a link to that court case? I prefer to read whole rulings on anything that might directly affect me. And i have friends in Arvada.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#5
alright thank you so much for the info guys! i just want to make sure and not get in trouble for not being 21
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#6
(04-09-2015, 09:58 PM)JackRock Wrote: Beau, do you have a link to that court case? I prefer to read whole rulings on anything that might directly affect me. And i have friends in Arvada.

I'll see if I can find it. I was talking with the guy this happened to and got most of my info from him.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#7
So this is what he was charged with. The Adams County DA refused to file charges. And this happened in Thorton, not Arvada. I was mistaken.

The charge is 38-237(b)(5) of Thornton municipal code. "It shall be unlawful for any person to display or flourish a dangerous weapon, firearm, air gun, bludgeon, chemical agent or slingshot in a manner calculated to alarm another person."

Here is a link to the story.
http://www.thedenverchannel.com/news/local-news/thornton-pays-25000-to-man-arrested-for-openly-carrying-firearm-into-cinnebarre-theater
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#8
Damn. Unfortunately, that doesn't challenge Arvada's law. And they wrongly accused him of brandishing, not open carrying. Arvada's municipal code has both on the books. I was hoping for good case law precedent, in case I don't have my cover garment when I'm visiting friend in Arvada.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#9
(04-11-2015, 11:04 AM)JackRock Wrote: Damn. Unfortunately, that doesn't challenge Arvada's law. And they wrongly accused him of brandishing, not open carrying. Arvada's municipal code has both on the books. I was hoping for good case law precedent, in case I don't have my cover garment when I'm visiting friend in Arvada.

Understandable. 

Aurora has a similar law banning OC. These laws are not enforceable though. I imagine that the reason there isn't case precedent is because the DA drops charges against anyone who is charged because they know the law isn't enforceable. 
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#10
(04-09-2015, 10:11 PM)ispin96 Wrote: alright thank you so much for the info guys! i just want to make sure and not get in trouble for not being 21

I'm a little late in this reply but since you can't purchase a handgun until you are 21 it has to be one that was gifted to you by an immediate family member. So if they try to stick you with unlawful possession make sure whoever gave it to you (a parent, siblings (over 21), aunts/uncles) will testify on your behalf.
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