Open carry in Boulder Colorado

[Count]

Are people on this thread open carrying in Boulder city of county? I cannot find any clear thread on what the last official word is on open carrying in Boulder. I understand the state preemption statutes and how local governments can prohibit open carry in specific areas or buildings by posting a clear sign at every entrance. I am specifically talking about people open carrying experiences in Boulder, and the official position of Boulder on this issue.

 

[JG_Buffalo]

You might look to the reply I got from the City Attorney last month about OC and CC in the OSMP around Boulder (which have explicit "No firearms" signage)

http://forum.opencarry.org/forums/showthread.php?130192-Boulder-OSMP-quot-No-Firearms-quot

Thank you for your email. This is a complex area of Colorado law. Under the Colorado Constitution, home rule cities such as Boulder have an exclusive right to legislate over matters of local concern. The Colorado Supreme Court has never decided whether the regulation of firearms is a matter of statewide or local concern. There was one case involving Denver on which the court split 4 to 4. The attorney general ruled that this meant that the case had no precedential effect. The city of Boulder is unique in that it manages over 45,000 acres of open space. We take very seriously our community’s concerns regarding firearms in these areas. Accordingly, we have adopted and enforced our regulations. As a matter of policy, our rangers do not ticket individuals who carry firearms and possess a state permit.



I hope that this is helpful.



Tom Carr

Boulder City Attorney

I of course responded with article 13 and Students for CC vs. CU board of Regents which held that "In its legislative declaration, the General Assembly makes clear that the CCA is meant to be a statewide comprehensive scheme."

I know this is all CC stuff, but as far as I can determine Boulder should be an OC city especially if you have a CC permit.


There is some signage around the city council chambers but I can't remember if says "No firearms" or "No Openly displayed Firearms"

Since they seem to have to prohibit it in certain areas this also points towards OC being legal.

Unfortunately, I haven't summoned the personal courage to test this policy and have never OC'd in Boulder. I would love to, but I would appreciate it being part of the OC community. Can we get a Boulder OC event going?

 

[Dario]

Unfortunately, I haven't summoned the personal courage to test this policy and have never OC'd in Boulder. I would love to, but I would appreciate it being part of the OC community. Can we get a Boulder OC event going?

My son and I would definitely be interested.

 

[BB62]

...Unfortunately, I haven't summoned the personal courage to test this policy and have never OC'd in Boulder...

Don't substitute personal courage for informed activism.

 

[JG_Buffalo]

Don't substitute personal courage for informed activism.

Well Boulder bans "carry" of a firearm via this ordinance

5-8-8. - Possession of Loaded Firearms.
(a)
Except as set forth in this chapter, no person shall possess a loaded firearm or a loaded gas or mechanically operated gun.
(b)
For the purposes of this section, a firearm is loaded if there is a projectile, with charge, [22] in the chamber, in the cylinder, or in the clip in the firearm.
(c)
A peace officer shall not undertake an arrest under this section without first giving due consideration to the city's burden of proof with regard to the affirmative defenses set forth in Section 5-8-22, "Defenses," B.R.C. 1981.

This makes no distinction between a loaded or concealed firearm, but mentions defenses in a later section.


I found the municipal code about open carry specifically.

5-8-21. - Open Carriage of Firearms in Carrying Cases Required.
Any person carrying a firearm off of the person's property or outside of the person's business or vehicle shall carry the firearm in a carrying case. The carrying case must be recognizable as a gun carrying case by a reasonable person. A plain-shaped case must be clearly marked to be deemed recognizable under this standard. The carrying case must be openly carried and must not be concealed on or about the person. This section shall not apply to individuals who have a permit to carry a concealed weapon issued pursuant to state law.

So this explicitly holds that one is exempt from the open carry restriction if you have you permit.

Also here:

It is a specific defense to a charge of violating sections 5-8-8, "Possession of Loaded Firearms," and 5-8-9, "Carrying a Concealed Weapon," B.R.C. 1981, that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under the statutes of the State of Colorado.

They make no distinction about the open or concealed nature of the firearm. So it must be legal to open carry with a permit.

So open carry is most definately legal with a valid CHP, via two different sections of statue.

OC might also be legal without a permit if the weapon is unloaded without a "clip" inside of it, although I'm sure the city attorney can convince a jury that clips and magazines are the same thing.

 

[Dario]

Well Boulder bans "carry" of a firearm via this ordinance

Don't forget we have state preemption, specifically 29.11.7-104

Last I checked (drove through from Highway 93 about 2 weeks ago) there were no signs at city limits. I've spoken with BPD Spokesperson Laurie Ogden (303-441-3310) and she seemed ok with OC but as with any LEA, YMMV.