County Fair and Arena

This is a discussion on County Fair and Arena within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; What does this county odinance mean? Prohibition on Open Carring, Wearing or Possessing Firearms at County Facilities. It shall be unlawful for any person, who ...

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Thread: County Fair and Arena

  1. #1
    Senior Member Array rljohns's Avatar
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    County Fair and Arena

    What does this county odinance mean?
    Prohibition on Open Carring, Wearing or Possessing Firearms at County Facilities.
    It shall be unlawful for any person, who is not a peace officer, to knowingly and openly wear, carry, or possess any firearm at any county facility.

    This is from Douglas County, Colorado
    There are not metal detectors
    No wanding
    County Sherrif Officers are present at the county fair
    Does this supercide my Colorado CCW?

    Also in the above verbage

    These rules and regulations do not authorize anything that is prohibited by state firearm statues, nor do they prohibit anything that state firearms statues expressly authorizes.

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    nor do they prohibit anything that state firearms statues expressly authorizes
    Looks to me that since you are expressly authorized by the state to carry a concealed firearm and have the license to prove it, you ought to be good to go.

    However, I am not a lawyer and that wordage may be too vague to keep some pimply faced punk standing at the gate that has been told "no guns" from harassing you and trying to make your life difficult.

    If in doubt, check your local Sheriff Office.
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    Senior Member Array rljohns's Avatar
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    Thanks,
    That was how I took it. I went to the fair yesterday and had no problems. But, I was concealed well.

    Then I was also going to the concert in the area and low and behold the actual Douglas County Sheriff was in attendance with his badge and Glock. They announced before hand no glass bottles, no outside liquor, and they would do a bag search. So I paniced and took my Sig to the car. My wife would have been issed if I got into a "discussion" with the Sheriff. When we went in no one did a body search or metal detector, so I think I would be GTG

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    New Member Array dancar's Avatar
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    Always check the law

    The state statute is pretty clear:
    (1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state,
    except as specifically limited in this section. A local government does not have authority to adopt or enforce an ordinance or
    resolution that would conflict with any provision of this part 2.

    (4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building
    at which:
    (a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;
    (b) Security personnel electronically screen each person who enters the building to determine whether the person is
    carrying a weapon of any kind; and (c) Security personnel require each person who is carrying a weapon of any kind to
    leave the weapon in possession of security personnel while the person is in the building.


    The language at the bottom of the sign also seems to imply that it doesn't apply to permit holders. You should be good to carry concealed, but I'd keep a copy of the applicable permit law section in your pocket.

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    Member Array BlackJack's Avatar
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    Here in Colorado the State laws pre-empt local laws regarding concealed carry, but local County and City can still restrict “Open Carry”.

    Not a lawyer, but to me that says that you can not “Open Carry” in those facilities (key word "openly"); has no barring whatsoever on licensed concealed carry.

    Just my take on it.

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    Senior Member Array rljohns's Avatar
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    Thanks
    That is the way I read it also.

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    Senior Member Array FlyboyLDB's Avatar
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    Quote Originally Posted by rljohns View Post
    What does this county odinance mean?
    Prohibition on Open Carring, Wearing or Possessing Firearms at County Facilities.
    It shall be unlawful for any person, who is not a peace officer, to knowingly and openly wear, carry, or possess any firearm at any county facility.

    This is from Douglas County, Colorado
    There are not metal detectors
    No wanding
    County Sherrif Officers are present at the county fair
    Does this supercide my Colorado CCW?

    Also in the above verbage

    These rules and regulations do not authorize anything that is prohibited by state firearm statues, nor do they prohibit anything that state firearms statues expressly authorizes.
    I am not going to get into if state law can/can't preempt local laws. But under the verbiage you listed above regarding county ordinance - you would have been guilty of wearing & possessing a firearm. This piece of legislation not only prohibits open carry - but carrying period. Hence the wearing & possessing portion of this ordinance. We have to be careful when we see things like prohibit open carry - then assume the remaining portion of the ordinance is specific to only open carry - which clearly it is not.

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    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by FlyboyLDB View Post
    I am not going to get into if state law can/can't preempt local laws. But under the verbiage you listed above regarding county ordinance - you would have been guilty of wearing & possessing a firearm. This piece of legislation not only prohibits open carry - but carrying period. Hence the wearing & possessing portion of this ordinance. We have to be careful when we see things like prohibit open carry - then assume the remaining portion of the ordinance is specific to only open carry - which clearly it is not.
    That was the part I was worried about. But the line

    "These rules and regulations do not authorize anything that is prohibited by state firearm statues, nor do they prohibit anything that state firearms statues expressly authorizes."

    Seems to say state law preempts everything written in the whole ordinance. The strange part is that here in Colorado open carry is not a given anymore. It was a big fight with Denver Proper that went all the way to the CO supreme court. It was a 3/3 split with one judge obstaining due to some kind of conflict of interest due to being involved in the ruling at an earlier court. In the compromise Denver and other front range cities were given the ability to limit open carry "for the better good" of the community, but could not limit conceal carry in any way. So they wrote into CRS the ability to limit OC and on the outside of the Fair Grounds they cite the CRS that was added. No place does it mention no weapons.

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