Visiting CO from VA

[Tomahawk]

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I checked out the RMGO FAQ http://rmgo.org/faq/#Permit%20lawsand it seems to me that CO's disorderly conduct and menacing laws are kind of scary.

I plan on heading out to CO in a couple of weeks to do some hiking in the Buena Vista area in San Isabel National Forest. Since states set the rules for NF land, and since I don't any restrictions in the FAQ or the code, I'm thinking NF is cool for OC. Am I correct?

I also understand my Virginia CHP permit is worthless in CO, so it looks like it's OC or No C. When not OC'ing in a pickup truck, is unloaded and locked in a metal box good?

Also, if I'm reaing correctly, OC in a vehicle is legal only if unchambered. Correct?

Thanks for your help, folks. Traveling is always easier when they accept your permit.:cuss:

 

[reefteach]

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National Forest Open Carry in Colorado is legal. A round in the chamber while open carrying without a license, both on foot and in a vehicle (as long as you are not in Denver) Is legal. PM denwego for more details than that. I just OC there wen I am on vacation.

BTW- The roads from Aspen to Buena Vista are very scenic. Pull over randomly to explore hidden streams. Great photo ops.

 

[Evil Ernie]

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reefteach wrote:

National Forest Open Carry in Colorado is legal. A round in the chamber while open carrying without a license, both on foot and in a vehicle (as long as you are not in Denver) Is legal. PM denwego for more details than that. I just OC there wen I am on vacation.

BTW- The roads from Aspen to Buena Vista are very scenic. Pull over randomly to explore hidden streams. Great photo ops.

Photo Ops?!?!? Grab a pan and see if there's yeller in those streams!!! Lots of it in the Ark in BV!!!

Buena Vista is very pro gun. I walked all over town in July with the 1911 in full view, no problems whatsoever. Just watch yer speed when driving!!!

You can CC in your vehicle with a condition one sidearm without a permit. The "unchambered" rule is for long guns. In fact, you can have a full mag in your AR, but nothing in the chamber. Just stay out of Denver and Denver County.

 

[centsi]

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Evil Ernie is right on. Most of Colorado is quite OC friendly. You can do whatever you want in your vehicle without a permit: OC, CC, loaded or unloaded (outside of Denver). You need not inform the officer either. Have fun in beautiful Colorado!

Edit: Forgot the Denver caveat

 

[Gunslinger]

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OC or CC, fully loaded, in a vehicle is legal everywhere in CO. OC, except Denver County, Denver is legal everywhere in the state. VA CCW is not honored, and that is Virginia's fault, not ours. Very few more gun friendly states in the country; none more beautiful. National Parks still no carry; National Forests and all CO parks/forests are fine to OC. Colorado Springs/El Paso county is the most gun friendly place you can imagine. Enjoy our great state. (Don't worry about DO or so called "menacing" laws unless you plan on doing something dumb, which I doubt.) We were the first in the nation with the "Make my day" law, btw. BGs take the risk of getting their heads blown off here. Good guys don't have a thing to worry about.

 

[Tomahawk]

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Gunslinger wrote:

OC or CC, fully loaded, in a vehicle is legal everywhere in CO. OC, except Denver County, Denver is legal everywhere in the state. VA CCW is not honored, and that is Virginia's fault, not ours. Very few more gun friendly states in the country; none more beautiful. National Parks still no carry; National Forests and all CO parks/forests are fine to OC. Colorado Springs/El Paso county is the most gun friendly place you can imagine. Enjoy our great state. (Don't worry about DO or so called "menacing" laws unless you plan on doing something dumb, which I doubt.) We were the first in the nation with the "Make my day" law, btw. BGs take the risk of getting their heads blown off here. Good guys don't have a thing to worry about.

Thanks for the info. I hope to avoid Denver, but if I pass through, is unloaded in a locked metal box the way to go?

VA CCW is not honored, and that is Virginia's fault, not ours.

Actually, it's the fault of any lawmaker who makes you get a permit in the first place, but I wasn't looking for an argument. I've been to CO before on business, and wasn't armed, and I can't wait to see it again. I'm not a skier, my interest is in hiking and rafting. Looks like I missed the good whitewater season for the year, but so what? Touring by foot is nice.

While I'm at it, what about long guns in the NF? I doubt I want to lug one on foot, but figure I ask...

 

[colorado slick]

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Tomahawk wrote:

Gunslinger wrote:

OC or CC, fully loaded, in a vehicle is legal everywhere in CO. OC, except Denver County, Denver is legal everywhere in the state. VA CCW is not honored, and that is Virginia's fault, not ours. Very few more gun friendly states in the country; none more beautiful. National Parks still no carry; National Forests and all CO parks/forests are fine to OC. Colorado Springs/El Paso county is the most gun friendly place you can imagine. Enjoy our great state. (Don't worry about DO or so called "menacing" laws unless you plan on doing something dumb, which I doubt.) We were the first in the nation with the "Make my day" law, btw. BGs take the risk of getting their heads blown off here. Good guys don't have a thing to worry about.

Thanks for the info. I hope to avoid Denver, but if I pass through, is unloaded in a locked metal box the way to go?

VA CCW is not honored, and that is Virginia's fault, not ours.

Actually, it's the fault of any lawmaker who makes you get a permit in the first place, but I wasn't looking for an argument. I've been to CO before on business, and wasn't armed, and I can't wait to see it again. I'm not a skier, my interest is in hiking and rafting. Looks like I missed the good whitewater season for the year, but so what? Touring by foot is nice.

While I'm at it, what about long guns in the NF? I doubt I want to lug one on foot, but figure I ask...

Actually Tomahawk, each town and city in Colorado has the right to prohibit OC so, keep that in mind.

Colorado

 

[Dom]

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While I'm at it, what about long guns in the NF? I doubt I want to lug one on foot, but figure I ask...

No problem in the NF, but you fall under state law in that you can't have a cartridge in battery while in a vehicle (but you can have a full magazine). Standard rules apply for discharge (not over roads or trails, so many yards from a building, etc).

Also,watch out for the Mountain Parks that belong to Denver...they fall under Denver jurisdiction and so have Denver's OC prohibitions.

 

[Evil Ernie]

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Tomahawk wrote:

Thanks for the info. I hope to avoid Denver, but if I pass through, is unloaded in a locked metal box the way to go?

Well, that one is still on the fence since the "Pelosi Hotel" incident during the DNC.

 

[Tomahawk]

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colorado slick wrote:

Actually Tomahawk, each town and city in Colorado has the right to prohibit OC so, keep that in mind.

Colorado

Well, since I'm not about to look up the law for every city and town I might possible drive through, that sounds like "don't OC" to me. So far the only one I've heard of is Denver.

 

[Evil Ernie]

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Denver, which includes Denver County and DIA, are really the only places to worry about. Other than that, you're pretty much free and clear.

 

[FogRider]

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colorado slick wrote:

Actually Tomahawk, each town and city in Colorado has the right to prohibit OC so, keep that in mind.

Colorado

That's wrong, state preemption covers that. That's the only reason you can OC in Parker and Arvada. Denver is the only city that has managed to get around the state preemption. You should be good Tomahawk, as long as you stay out of Denver. You may get hassled, but it is legal.

There is only one thing I am not completely certain about: The way I understand it, unrestricted vehicle carry means you can legally CC your sidearm through Denver without a license. Keep it inside your car and you should be good.

Again, I will need someone else to confirm that last part.

Evil Ernie wrote:

Denver, which includes Denver County and DIA, are really the only places to worry about. Other than that, you're pretty much free and clear.

Denver is odd in that the city and county are one and the same. I'm pretty sure that DIA is in city/county limits. In fact, I think that's why the borders are weird to the northeast, they extended them to pick up the airport, which they built in frickin' Nebraska for some reason.

 

[Chief_of_Scouts]

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FogRider wrote:

Denver is odd in that the city and county are one and the same. I'm pretty sure that DIA is in city/county limits. In fact, I think that's why the borders are weird to the northeast, they extended them to pick up the airport, which they built in frickin' Nebraska for some reason.

They built DIA well outside of the city because of all of the NIMBYs that cry about noise pollution and how their $800,000 house they just bought is under the approach end of the runway (that existed long before their house).

 

[FogRider]

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I figured it was something like that. But after checking google earth, DIA is indeed in Denver city limits.

 

[colorado slick]

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FogRider wrote:

colorado slick wrote:

Actually Tomahawk, each town and city in Colorado has the right to prohibit OC so, keep that in mind.

Colorado

That's wrong, state preemption covers that. That's the only reason you can OC in Parker and Arvada. Denver is the only city that has managed to get around the state preemption. You should be good Tomahawk, as long as you stay out of Denver. You may get hassled, but it is legal.

There is only one thing I am not completely certain about: The way I understand it, unrestricted vehicle carry means you can legally CC your sidearm through Denver without a license. Keep it inside your car and you should be good.

Again, I will need someone else to confirm that last part.

Foggy, that's true if you have a permit. Otherwise, no it isn't. Colorado

Evil Ernie wrote:

Denver, which includes Denver County and DIA, are really the only places to worry about. Other than that, you're pretty much free and clear.

Denver is odd in that the city and county are one and the same. I'm pretty sure that DIA is in city/county limits. In fact, I think that's why the borders are weird to the northeast, they extended them to pick up the airport, which they built in frickin' Nebraska for some reason.

 

[FogRider]

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colorado slick wrote:

Foggy, that's true if you have a permit. Otherwise, no it isn't. Colorado

Which part, the preemption issue or unrestricted vehicle carry? Can you cite the law?

 

[entartet17]

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colorado slick wrote

Foggy, that's true if you have a permit. Otherwise, no it isn't. Colorado

I have to agree that state preemption covers OC. The law only says that municipalities can restrict OC in certain areas and that it must be posted. So (except for Denver) there are no citywide OC bans. The law forbids it.

 

[thorvaldr]

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entartet17 wrote:

colorado slick wrote

Foggy, that's true if you have a permit. Otherwise, no it isn't. Colorado

I have to agree that state preemption covers OC. The law only says that municipalities can restrict OC in certain areas and that it must be posted. So (except for Denver) there are no citywide OC bans. The law forbids it.

In this thread:

http://opencarry.mywowbb.com/forum13/13931.html

Duelist gets an opinion from the Boulder city DA saying that preemption doesn't affect laws governing OC by people who don't have a CCW.

Whether this is true of not, LEO in jurisdictions with laws against OC probably THINK their local law in enforcable and I don't imagine Tomahawk wants to be a test case.

My advice would be to keep it in your car in Denver, Boulder, Parker, Pueblo and Breckenridge. Car carry (OC or CC) is covered by preemption.

About the long guns. I'm not sure when you are planning your trip, but carrying a long gun in the national forest without a tag during one of our rifle elk/deer seasons (Oct.11-15, Oct. 18-26, Nov. 1-7, Nov. 12-16), might draw unwelcome attention from the DOW.

 

[centsi]

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CRS 29-11.7-103. Regulation - type of firearm - prohibited.

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
​

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.
​

OC cannot be prohibited at large with the exception of the City & County of Denver. The only get away with this because they have Home Rule status under the Colorado Constitution which allows them to go over State law in some cases. The only other municipality in CO that could possibly enact an OC prohibition is Broomfield, as they are their own City & County also. Boulder's "OC regulation" was passed before 3/18/2003 and should be unenforceable because a person in CO may legally posses a loaded openly carried handgun under state law. The Boulder DA is just that; from Boulder. That case would be tossed in front of any judge who didn't want to look like an idiot in front of the appeals court.

 

[thorvaldr]

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centsi wrote:

CRS 29-11.7-103. Regulation - type of firearm - prohibited.

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
​

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.
​

OC cannot be prohibited at large with the exception of the City & County of Denver. The only get away with this because they have Home Rule status under the Colorado Constitution which allows them to go over State law in some cases. The only other municipality in CO that could possibly enact an OC prohibition is Broomfield, as they are their own City & County also. Boulder's "OC regulation" was passed before 3/18/2003 and should be unenforceable because a person in CO may legally posses a loaded openly carried handgun under state law. The Boulder DA is just that; from Boulder. That case would be tossed in front of any judge who didn't want to look like an idiot in front of the appeals court.

I absolutely agree that what you say is true. Someone FROM Boulder, Parker, Pueblo and Breckenridge needs to go through the legal stuff to convince the LEA and DA's from these jurisdictions that what you say is true. But I don't expect Tomahawk to want to fight our battles for us.