JG_Buffalo
New member
Moderator note - created this thread from off topic posts in the following thread:
http://forum.opencarry.org/forums/showthread.php?77035-Peterson-v-LaCabe-(Denver-CO)-MSJ-Filed/page3
I wanted evidence as well, it took some digging but found it!
So here is the statute banning CC:
and here is the the statute banning OC:
and here is the exemption:
From the 10th district court as well(page 18)!
So let it be settled OC of handguns is legal in Denver with a Valid CHP permit!
http://forum.opencarry.org/forums/showthread.php?77035-Peterson-v-LaCabe-(Denver-CO)-MSJ-Filed/page3
He's presented no cite whatsoever (that a CHP, under state law, allows you to ignore OC bans) and refused to do so when challenged.
It's not that Denver is ignoring that law. It's that there is no such law. Leastwise not until someone produces a cite.
Now Denver is wrong to do what it is doing, but that's because they are violating the state constitution, not because of this non-existent law. The supremes allowed to stand a ruling that Denver wasn't violating the constitution, but that's a different question than whether a local OC ban is overriden by a CHP. I've still seen no evidence (other than someone's unsubstantiated opinion) that that is the case.
I wanted evidence as well, it took some digging but found it!
So here is the statute banning CC:
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 (3½) inches in length, or any explosive device, incendiary device or bomb, or other dangerous or deadly weapon.
and here is the the statute banning OC:
(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 (3½) inches in length, or any explosive device, incendiary device or bomb, or any other dangerous or deadly weapon.
and here is the exemption:
(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.
From the 10th district court as well(page 18)!
We proceed to analyze Peterson’s Second Amendment claim under this two-step
approach. Our task is complicated, however, by the somewhat unusual posture of
Peterson’s claim. Peterson argues that strict scrutiny is appropriate because he is
“completely disarmed” while in Denver. That alleged complete disarmament results
from the confluence of two enactments: the state statute that requires CHL applicants to
be legal residents of Colorado, Colo. Rev. Stat. § 18-12-203, and the Denver ordinance
that requires a CHL for most forms of open carry, Denver Rev. Mun. Code § 38-117(a),
(b), & (f).
So let it be settled OC of handguns is legal in Denver with a Valid CHP permit!
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