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Open Carry into a public facility
#1
Ok here's my inquiry, for public facilities such as a library, must signs be posted on public entrances prohibiting weapons in the building?

I ask because I was recently cited for carrying a firearm into a public facility where its prohibited, statute 6-4-160(A).

When confronted by staff and upon reading rules inside the building, in a place not visible from entrance and in an inconspicuous area where I had not noticed.

I have since consulted an attorney, but was just curious if anyone else has any dealing like this before.
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#2
Meant to say when confronted by staff and read the rule stating no firearms I took my handgun out to the car immediately. Came back inside and continued browsing for 15mins, I left and about a mile away I was pulled over, they returned my firearm after citing me to appear in court.
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#3
Keep forgetting to post things, there was no signs on public entrance informing me no weapons allowed inside building.
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#4
Need more detail on this one. What library was this? Was the statute you cited a Colorado Revised Statute (doubtful, since that's about the Antitrust law), or the municipal code?
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#5
It is a municipal code, again my apologies. Was the Bemis Public Library in Littleton Colorado
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#6
First, welcome to COGO. Draw

I assume you were open carrying, is that correct?

If this statement is true;
Quote:When confronted by staff and upon reading rules inside the building, in a place not visible from entrance and in an inconspicuous area where I had not noticed.
 
Then the charge will not hold up as it does not follow this;
Quote:29-11.7-104. Regulation - carrying - posting

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

Let us know when you win your lawsuit against the city.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#7
Thanks, and the only sign they have posted is a list of rules that is roughly 10-15 feet into the building off to the side in a little inlet piece of the wall. I have since went back there and the library staff that initially contacted me about the firearm the day of told me the officer came back to take a picture of it, and told them its in a bad location.
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#8
(04-23-2015, 04:55 PM)cody.eimers Wrote: Thanks, and the only sign they have posted is a list of rules that is roughly 10-15 feet into the building off to the side in a little inlet piece of the wall. I have since went back there and the library staff that initially contacted me about the firearm the day of told me the officer came back to take a picture of it, and told them its in a bad location.

Rather an incorrect location which makes the law unenforceable. And all entrances must be posted.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#9
My point exactly, the attorney I have talked to said I was prohibited without any awareness of being prohibited, I went back to the library to take pictures of the doors so they don't try to add a sign in between. A different library 2 miles away from me however does have a sign on their front entrance.
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#10
Sounds like you need a new attorney. Make I ask who you contacted and why you chose them?
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#11
No, he agreed with me. That the fact there was no signs prohibiting it, I was unlawfully cited. I contacted Richard Bryans, I received his number through the NRA because he practices a lot with firearm charges.
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#12
Oh I get it. The way I read your statement was that the attorney was saying you were still to blame.
.
You might look into defense insurance for the future. I use US Law Shield.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#13
What exactly is that?
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#14
US Law Shield is a self-defense "insurance", if you will. It helps you cover yourself financially to cover legal costs, in case you are charged with an unlawful use of a firearm.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#15
I just went to a different library near me and noticed they also do not have a sign, now I'm unsure whether they are really responsible to, or its supposed to be known.
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#16
I will still get US Law Shield, however it would not cover an incident like this.
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#17
(04-23-2015, 06:09 PM)cody.eimers Wrote: I just went to a different library near me and noticed they also do not have a sign, now I'm unsure whether they are really responsible to, or its supposed to be known.

State law says they must post signs at every entrance. 
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#18
I'd go in there right now with a video camera and document where and how non-obvious the sign was -- before they move it.

Get a couple employee's faces on the video as well as you do this in case anyone tries the "The sign was always in the middle of the door at eye-level" gambit... Remember lying when it comes to evyl guns is always acceptable.

O2

On edit: Day late, dollar short. I see you've already done the above.
When seconds count, the police are mere minutes away...
They'll never take your "hunting rifle", they'll call it a "sniper rifle" first.
Gun registration is gun confiscation in slow motion.
Zero failures comes at infinite cost.
You are the FIRST responder. Police, fire and medical are SECOND responders.
By eliminating fear of guns you'll put fear back in criminals.
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#19
Well, I haven't taken a picture of the sign of rules yet, figuered they would call the cops on me for taking video inside the building.
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#20
The charges will be dropped, but the damages are done

The media can report this as another gun nut endangering the public
You will still have to pay out of pocket to defend yourself

I'd personally be wanting to make an example of them and get damages and included in the settlement an apology.

Bonus would be a settlement where they all have to accompany you to the gun range and they enjoy a day of gun safety training and shooting, and some of them get turned into neutral opinions of guns at the least.
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