Table Of Contents
What is Open Carry?
According to USCCA, open carry refers to carrying a firearm in public where it is fully or partially visible to others, such as in a holster [1]. While most states allow open carry, with or without a permit, four states and Washington D.C. do not permit it.
Some states specify that open carry occurs when the weapon is “partially visible,” while others may require the weapon to be “fully visible” to be considered carried openly. States may impose various restrictions, including age limits, criminal history conditions, geographic limits, etc
Types of Open Carry Laws
- Permissive Open Carry States: These states permit gun owners to openly carry firearms without needing a permit or license.
- Licensed Open Carry/Not Addressed States: Open carry is allowed only with a permit or license, or it is not explicitly covered by state laws but requires a permit for handguns.
- Anomalous Open Carry States: Open carry laws may be generally legal but subject to local regulations or limitations, which can differ for residents and non-residents.
- Non-Permissive Open Carry States: Open carry is either prohibited or allowed only under specific conditions, such as for hunting or self-defense.
Open Carry Laws in Boulder, Colorado
According to SCLG, in Boulder, Colorado, open carry of firearms is only permitted if the firearm is contained in a recognized carrying case [2].
The case must be recognizable as a gun carrying case by a reasonable person.2 It should not resemble other kinds of cases, such as those that hold an instrument
The case must be carried openly and visibly; it cannot be concealed under clothing or carried in bags such as duffel bags or briefcases unless they are specifically marked for carrying a firearm.
Open Carry Restrictions in Boulder
In Colorado, open carry is restricted in several key areas, including:
- Schools and school zones
- Government buildings
- Courthouses
- Airports
- Bars and liquor stores
- Private property where open carry is explicitly prohibited by the owner
Additionally, individuals who openly carry firearms must adhere to specific safety guidelines, such as not brandishing the firearm in a threatening manner, refraining from alcohol consumption while carrying, and not transporting loaded firearms in motor vehicles.
Penalties for Violating Colorado Open Carry Laws
According to Polansky Law, violations of these laws can lead to significant legal consequences, including fines and imprisonment [3]. Penalties vary based on the nature of the offense – open carry in restricted areas may result in a misdemeanor while brandishing a firearm menacingly could lead to felony charges.
If you have any questions or concerns regarding Colorado’s open carry laws, it is highly recommended to consult with an experienced criminal defense attorney. An attorney can provide comprehensive legal counsel, clarify the nuances of the law, and guide you on how to avoid potential legal issues.
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References:
1. https://www.usconcealedcarry.com/blog/what-is-open-carry-and-which-states-allow-it/
2. https://www.shouselaw.com/co/blog/laws/can-you-open-carry-in-boulder-co/
3. https://www.polanskylawfirm.com/blog/understanding-the-limits-of-colorados-open-carry-law/