Boulder . . .
Boulder Police response to open carrying included that can not carry in many areas of boulder because "they are close to municipal buildings"
That's complete crap, no?
Anyone with recent experiences in Boulder? I'm more concerned about response than the law. (Don't really care either way).
Maybe its time for an OC Event IN Boulder?
That is total bologna. Though I have not heard that one before, it doesn't surprise me they would say that.
The Boulder police department hides behind the phrase "We enforce the municipal code". This allows them to harass open carriers and then say oh, well we were just acting on the way that the law was written, even though they know very well that their code is preempted.
Another favorite of the BPD is to play the "If you don't have a CHP then your gun can not be loaded if you OC. . . so we can contact you to illegally search you and your weapon".
This is wrong on several levels, first the code they cite for this doesn't say anything of the sort. Second, if open carry is a lawful activity contingent only on the status or your firearm they have no RAS to stop you in the first place (unless you advertise you are loaded). How could they reasonably suspect your gun was loaded? We know all citizens know the law and follow it so the loaded OC without a permit should not happen so they shouldnt suspect it! *Wink*Nudge*
Anyway. . . I have been contacted several times by BPD for open carry. Most of the encounters were fine a nod hello and nothing else, no comment so stop, no attempt to engage in conversation. Other encounters triggered a 4 person detail, frenzied questioning and smug remarks like "And your counting on
what to save you?"
In the most abusive encounter the officer approached said "Hey you, come talk to me", I told him no, I was busy (I was in the middle of a conversation). He again asked for me to come out side, I declined. He then asked me to identify myself, I asked him if he was ordering me to identify myself, he asked me again to come outside, I asked him if he was ordering me outside, he said yes. I went outside and the condescending and smug questioning began. I was approached from behind by an officer, flanked by 2 and had one in front of me. They continued to ask questions. I told them if they were detaining me then I had nothing to say. They verified my identity then informed me what I was doing was "illegal". I informed them it was not but if they thought it was they were welcome to cite and/or arrest me. I then requested a supervisor. He came, I informed him that I was going to walk away and get in my car. They let me leave.
Sorry for the play by play, but it is probably informative to some.
I followed up with the Sergent on duty via phone and in person, the office of professional standards and City Attorneys office. The sergeant gave me the line above about the weapon being loaded. The CA and the office of professional standards have blown me off despite repeat attempts to contact them.
YMMV but those are my experiences.
Another point, I find it interesting that the Boulder County Sheriffs Headquarters in the city of Boulder has a no open carry sign posted. If Boulders Municipal Code was enforceable, they would not need such a sign as open carry would already be prohibited andI would have no legal way to get from my car to their front door. Just some food for thought, how can one agency understand state preemption properly (you have to post it for it to be enforceable) and the other not?