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Penalty for carrying concealed without a permit

This is a discussion on Penalty for carrying concealed without a permit within the Concealed Carry Discussion forums, part of the Main Category category; Originally Posted by Treo Open carry is legal in most of Colorado Finally, someone has linked me some actual substance. ...

  1. #21
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    Quote Originally Posted by Treo View Post
    Open carry is legal in most of Colorado
    Finally, someone has linked me some actual substance. Thanks Treo. Looks like conceal carry won't work in Colorado because I need a permit. But open carry is possible. Do you have a copy of the open carry legislation as well and can I open carry as a legal alien?

    Quote Originally Posted by stantheman1976 View Post
    It is not our duty to inform the cops of anything. The police work for us to protect us. The simple truth of that fact has been twisted over the years. I live in MS. We are not required to inform the police that we are carrying. If the cope has a reason to ask for out carry license then at that time we are required to show the license but it's none of his/her business until that point.
    That's my understanding too. I've seen youtube videos of open carry in California where the officer asks for their names and where they plan to open carry - they refuse to answer. So the thought did cross my mind if i CCW, that as long as i'm going about my law abiding activities, it won't be a problem. But then there is the question what if i am attacked and need to shoot at the offender? How do I explain why I was carrying? I guess that might have to be a risk I take. Better to be judged by 12 than carried by 6. But then again, I don't fancy my odds of a fair trial in the US based on some of the responses here. I'm just non-citizen scum who doesn't deserve any liberty whatsoever.

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    Quote Originally Posted by Guns in Australia View Post
    So the thought did cross my mind if i CCW, that as long as i'm going about my law abiding activities, it won't be a problem.
    If you CCW without the state required permit in Florida or Colorado you won't be going about your law abiding activities. The very act of CCW without the state required permit causes you to be violating the law. It would be like saying driving a stolen car is "law abiding" as long as you don't violate any traffic laws. There are only three states where you could CCW legally without a permit: Arizona, Vermont and Alaska. And in Montana in rural areas.

    Quote Originally Posted by Guns in Australia View Post
    But then again, I don't fancy my odds of a fair trial in the US based on some of the responses here.
    Especially when the prosecutor would likely open with "Mr. Guns in Australia was illegally concealing a handgun when...."
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    Quote Originally Posted by Guns in Australia View Post
    Finally, someone has linked me some actual substance. Thanks Treo. Looks like conceal carry won't work in Colorado because I need a permit. But open carry is possible. Do you have a copy of the open carry legislation as well and can I open carry as a legal alien?
    Do you have a copy of the open carry legislation?

    There is no specific law permiting or phrohibiting open carry in Colorado the State constitution states:

    The right of no person (note that does not specify a citizen) to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. Art. II, § 13 (enacted 1876, art. II, § 13).

    Colorado has state preemption every where but Denver so no town can enact a local ordinance banning open carry but specific locations (city buildings/ city parks) can if every enterance to the facility is posted as such.

    I must not be looking correctly but I can't find the specific statute for state preemption but I know it's there (Yo Navy, help an Army brother out?)
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
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    Quote Originally Posted by Treo View Post
    Do you have a copy of the open carry legislation?

    There is no specific law permiting or phrohibiting open carry in Colorado the State constitution states:

    The right of no person (note that does not specify a citizen) to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. Art. II, § 13 (enacted 1876, art. II, § 13).

    Colorado has state preemption every where but Denver so no town can enact a local ordinance banning open carry but specific locations (city buildings/ city parks) can if every enterance to the facility is posted as such.

    I must not be looking correctly but I can't find the specific statute for state preemption but I know it's there (Yo Navy, help an Army brother out?)
    LexisNexis® Custom Solution: Colorado Revised Statutes Research Tool

    C.R.S. 29-11.7-103 (2012)

    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.

    29-11.7-101. Legislative declaration.

    (1) The general assembly hereby finds that:
    ...
    (b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;
    ...
    (d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations;

    (e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;

    (f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;
    ...
    (2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:

    (a) The regulation of firearms is a matter of statewide concern;

    (b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.

    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.

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    You go, Etkini! Is there a significance of Etkini for a screen name?
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    Quote Originally Posted by NavyLCDR View Post
    You go, Etkini! Is there a significance of Etkini for a screen name?
    It's Turkish for influence, effectiveness and efficiency - three things I try to live my life by.

    I actually read up on laws when I am bored, especially laws of other states, mainly things that interest me. I had and still do have a good bit of NY's penal and civil laws memorized (my home state); I was the only one at my department who utilized his downtime in such a way. It's also a good way to keep my brain\memory sharp, similar to how I used to try to memorize dictionaries, only it's a bit more exciting.

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    Fair enough, my Faux Pa..... I was taught my CCW class by a friend whom is I SWAT L.T. He stated that one of the most important things to do if you are ever pulled over is to immediately let the officer know that you have a gun on your person.

    That said, I agree....He didn't say EVERY state, but let's face it..... If I was pulled over I'd rather tell the officer, than have him see it and FREAK OUT!!!!!!!

    I've had a Gun pulled on me Twice.........trust me, it's not fun!!!!!! My point....better safe than sorry.

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    In Florida its a Felony.
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    Thanks Etkini.

    Quote Originally Posted by Trubiet View Post
    If I was pulled over I'd rather tell the officer, than have him see it and FREAK OUT!!!!!!!
    OMG please do not start this pissing contest again
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
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    A good source of information for Colorado open and concealed carry is Colorado Gun Owners at Colorado Gun Owners . They also discuss what businesses in the state are and are not OC friendly etc..

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