Quick OC question for Coloradoans

Quick OC question for Coloradoans

This is a discussion on Quick OC question for Coloradoans within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Just curious...was going to go grocery shopping and was going to pick up some "adult beverages" as have been referenced in a different thread. Can ...

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Thread: Quick OC question for Coloradoans

  1. #1
    Distinguished Member Array pcon's Avatar
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    Quick OC question for Coloradoans

    Just curious...was going to go grocery shopping and was going to pick up some "adult beverages" as have been referenced in a different thread.

    Can I OC in a liquor store?
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  2. #2
    Member Array Jcabin's Avatar
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    Generally you can OC where you can CC. If concealed carry is prohibited in liquor stores, then so is OC. So to answer your question, find out if carrying if prohibited in liquor stores by reading your states firearm code.

    Here in PA I OC in the liquor store all the time. Liquor stores are state run in PA, thus legal to carry in.

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    Senior Member Array rljohns's Avatar
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    It is most likely legal, there is no specific state law against and we have a very strong state pre-emption law. The only problem is Denver, it won a strange case called Meyers vs Denver in 2003. It ended in a comprimise that allowed Denver "Home Rule" status to violate state law. So be very careful you don't clip the corner of Denver. CCW is definitely legal in liquor store, bars, etc.

  4. #4
    Distinguished Member Array pcon's Avatar
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    Quote Originally Posted by rljohns View Post
    CCW is definitely legal in liquor store, bars, etc.
    Wait....what? It's legal to CC in bars (so long as you're not in Denver)?

    I've been reading on rmgo.org and also handgunlaw.us but I must have missed that
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  5. #5
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by pcon View Post
    Wait....what? It's legal to CC in bars (so long as you're not in Denver)?

    I've been reading on rmgo.org and also handgunlaw.us but I must have missed that
    Totally legal to CCW in any bar (assumed not posted or in a post office). Even in Denver!!! I talking CCW only when it comes to Denver. Denver can not restrict CCW in any way. That is a state law. You can absoultely not be intoxicated while CCWing.

  6. #6
    Distinguished Member Array pcon's Avatar
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    Quote Originally Posted by rljohns View Post
    Totally legal to CCW in any bar (assumed not posted or in a post office).

    Good thing I don't frequent those post office bars!

    But seriously, that's great information. Thanks.
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  7. #7
    Distinguished Member Array tinkerinWstuff's Avatar
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    the law doesn't say "intoxicated" it says, "under the influence" which makes application of the law very subjective.

    When I lived in WI there were OC restrictions pertaining to liquor stores and bars but none here in CO. A pleasant smile and a greeting to the clerk when you walk in the door may go a long way to preventing a "man with gun" call.

    If you are going to go around OC'ing, I'd recommend you read up on and possibly carry a copy of the laws I cited in the thread about the guy camping.
    Last edited by tinkerinWstuff; July 30th, 2009 at 04:26 PM.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

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    Member Array BaserRonin's Avatar
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    Quote Originally Posted by rljohns View Post
    Totally legal to CCW in any bar (assumed not posted or in a post office). Even in Denver!!! I talking CCW only when it comes to Denver. Denver can not restrict CCW in any way. That is a state law. You can absoultely not be intoxicated while CCWing.
    that about nailed it. You can carry pretty much everywhere out here that doesn't have a permanent metal detector set up.

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    Senior Member Array taseal's Avatar
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    Quote Originally Posted by pcon View Post
    Wait....what? It's legal to CC in bars (so long as you're not in Denver)?

    I've been reading on rmgo.org and also handgunlaw.us but I must have missed that
    you are mixing up CC with OC. Denver prohitibts OC, not CC.

  10. #10
    Senior Member Array taseal's Avatar
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    Quote Originally Posted by rljohns View Post
    r. Denver can not restrict CCW in any way. That is a state law. You can absoultely not be intoxicated while CCWing.
    Correct, the only reason Denver can prohitibt OC in CO (lol, no pun intended) is because there are no laws allowing OC, just doesn't say anything about it. so it's an addition to the state laws, not an ammendment

  11. #11
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by taseal View Post
    Correct, the only reason Denver can prohitibt OC in CO (lol, no pun intended) is because there are no laws allowing OC, just doesn't say anything about it. so it's an addition to the state laws, not an ammendment
    Slight correction if I may - we are a free people. We don't need laws to "allow" us to do things. Laws restrict behavior and freedoms, not grant them. Just a pet-peeve, I guess If a law does "allow" for something, I personally prefer the word "protects" rather than grants or allows.

    As discussed in the camping trip thread, Colorado Bill of Rights does not specifically mention protection for open carrying of firearms nor is there a title in the criminal code which addresses open carry.

    However, there is Title 29 Article 11.7 -104 which discusses state premption and the fact that municipalities must post any areas bannning open carry.

    Denver took that to court and won case 03 CV 3809 mentioned above as Webb vs. State of CO in which the city won "home rule." I would need to do a lot more studing about "home rule" but the ruling made it so Denver city law could restrict open carry and they would not need to post.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

  12. #12
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by tinkerinWstuff View Post
    Slight correction if I may - we are a free people. We don't need laws to "allow" us to do things. Laws restrict behavior and freedoms, not grant them. Just a pet-peeve, I guess If a law does "allow" for something, I personally prefer the word "protects" rather than grants or allows.

    As discussed in the camping trip thread, Colorado Bill of Rights does not specifically mention protection for open carrying of firearms nor is there a title in the criminal code which addresses open carry.

    However, there is Title 29 Article 11.7 -104 which discusses state premption and the fact that municipalities must post any areas bannning open carry.

    Denver took that to court and won case 03 CV 3809 mentioned above as Webb vs. State of CO in which the city won "home rule." I would need to do a lot more studing about "home rule" but the ruling made it so Denver city law could restrict open carry and they would not need to post.

    I thought it was the Meyers case, where the Liberaterian was running for some office and intenetionally was arrested for OC'ing in a Denver park to make a point. It went all the way to CO Supreme Court.

    OC laws are complicated in CO due to "Home Rule" and all the different cities that clain home rule.

  13. #13
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by rljohns View Post
    I thought it was the Meyers case, where the Liberaterian was running for some office and intenetionally was arrested for OC'ing in a Denver park to make a point. It went all the way to CO Supreme Court.

    OC laws are complicated in CO due to "Home Rule" and all the different cities that clain home rule.
    I'm certian. I have a printout of the Mayor Webb vs. State of CO case in front of me. A quick scan shows no mention of Meyers so my guess is Meyers was a test case.

    Link:
    http://www.courts.state.co.us/Media/...v3809order.pdf

    In this action, Denver seeks a declaratory judgment that specified Denver ordinances are
    not preempted by state law and, alternatively, that Senate Bill 24 and 25 are unconstitutional
    under the home rule amendment to the extent that they seek to preempt local laws. The City
    seeks an injunction against state “enforcement” of Senate Bills 24 and 25 and asks that the Court
    enjoin the state from interfering with Denver’s enforcement of its ordinances.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

  14. #14
    Senior Member Array taseal's Avatar
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    Quote Originally Posted by tinkerinWstuff View Post
    Slight correction if I may - we are a free people. We don't need laws to "allow" us to do things. Laws restrict behavior and freedoms, not grant them. Just a pet-peeve, I guess If a law does "allow" for something, I personally prefer the word "protects" rather than grants or allows.
    That is what I was saying :) There isn't a law saying they are allowed to OC. because there is no such thing. it just doesn't mention it, so it is not restricted :)

    perhaps I could have worded it better.

  15. #15
    Distinguished Member Array tinkerinWstuff's Avatar
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    I just think the word "allow" sucks rocks. It's a mindset everyone moves toward as Govt gets bigger and bigger. People look to the law to give them permission and for the Govt to take care of them. Topic for another thread on another forum....

    So I humbly encourage people to get in a mindset that laws restrict behavior or protect God given rights not that they give permission or "allow". But that's just me.

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