No Colorado statute bans open carry outright, but there are a couple of restrictions; also in addition to the infamous Denver ban on open carry, there are a couple of other local ordinances in Parker, Breckenridge, and Pueblo concerning open carry.
Howdy Folks!
Parker, Breckenridge, Pueblo or any other local jurisdiction
apart from City and County of Denver DO NOT have local ordinances.
We have statewide preemption, and it renders any and all municipal orodinances moot:
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.
See also:
CRS 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.
It's preemption. We have it, and live with it each and every day. I have open carried in each of the jurisdictions claimed to have ordinances prohibiting open carry... and done so in the vicinity of law enforcement officers. They know about preemption...
People who live in Colorado, carry daily in Colorado, travel across the state of Colorado frequently, interact with law enforcement in the course of their daily carry, know where they stand regarding open carry in Colorado.
Preemption, not just a good idea, it is the law!
Blessings,
M-Taliesin
