Understanding Where You Can’t Carry, Even with a Permit
While many Colorado residents have a permit to carry a concealed handgun, it’s crucial to understand the specific restrictions within the City and County of Denver. There are particular places where concealed carry is prohibited, even if you have a valid permit. One of the key regulations is outlined in Denver Municipal Code Sec. 38-131, which governs the possession of firearms in city-owned or leased buildings.
Where Is Concealed Carry Prohibited?
According to Sec. 38-131, it is unlawful to carry any firearm—including concealed handguns—in any building or portion of a building that is owned or leased by the City of Denver. This means that even with a valid concealed carry permit, you are prohibited from carrying your handgun in places such as city offices, government buildings, or any portion of a facility that the city leases or operates.
Some key examples include:
- Denver City Hall
- Denver Public Libraries
- Any municipal building or city-operated facility that has signage posted prohibiting firearms
Important Definitions
The term “lease” in this context covers a broad range of agreements where the city uses all or part of a building. This means that the regulation applies not only to city-owned structures but also to those spaces that the city leases from private entities.
Exceptions to the Rule
There are a few specific exceptions to this prohibition. Under the municipal code, it is not a violation if:
- You are a law enforcement officer or an active-duty member of the U.S. Armed Forces performing your duties.
- You are a licensed security guard with a firearms endorsement working under your job duties.
- You have authorization to carry a firearm at a Denver Police Department or Sheriff Department shooting range.
- You are transporting a firearm in a private vehicle for purposes of lawful hunting or self-defense. For any firearms other than handguns, the firearm must be unloaded during transport.
Non-Criminal Violation: What Happens If You Carry in a Prohibited Area?
It’s important to note that violating this section of the code is considered a non-criminal offense for those with a valid concealed carry permit. This distinction is crucial because it differentiates these penalties from criminal offenses, which would carry more severe legal consequences.
If you inadvertently carry a concealed handgun into a prohibited area, here’s what you may face:
- First violation: A maximum penalty of $50.
- Second and subsequent violations: A maximum penalty of $999.
While the penalties may seem lenient, it’s essential to avoid these situations by staying informed about where you can and cannot carry.
Conclusion
Carrying a concealed handgun responsibly involves knowing the restrictions in place, especially in cities like Denver. Under Sec. 38-131, city-owned and leased buildings are clearly off-limits for concealed carry, even with a permit. Though violations are non-criminal, they can still result in significant fines. As a responsible gun owner, it’s important to stay informed and ensure you’re always in compliance with local laws.
Legal Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts are made to ensure the accuracy of the information, laws may change, and interpretations may vary. Readers should consult with a qualified attorney for specific legal advice regarding their situation. The author and publisher are not responsible for any actions taken based on the information in this article.
