Tag: firearms

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Legal & Law

Is It Legal to Openly Carry a Firearm in the City of Boulder, Colorado?

Mark Schneider

Updated: 6/2/25 at 21:43 MT

Short answer: No. Openly carrying a firearm in public is prohibited in the City of Boulder, with limited exceptions. Under Boulder Municipal Code § 5-8-21, the open carry of firearms is restricted in most public places—even for lawful gun owners. However, the law raises serious questions about constitutionality and may be subject to future legal challenges.

Let’s break down what the law says, what exceptions exist, and how it interacts with state and federal rights.

📜 Boulder Municipal Code § 5-8-21: The Law

“No person shall knowingly openly carry a firearm on or about their person in a public place.”
(Boulder Muni Code § 5-8-21(a))

This law is part of Boulder’s broader effort to implement stricter local gun regulations following the repeal of Colorado’s firearm preemption law in 2021 (SB21-256). It prohibits visible carry of firearms in all public places unless a specific exception applies.

✅ Exceptions to Boulder’s Open Carry Ban

The following individuals or situations are exempt from the ban on open carry:

  1. Law Enforcement & Military
    • On-duty federal, state, or local officers, or military personnel.
  2. Hunting or Target Shooting
    • While actively engaged in lawful hunting or shooting activities.
  3. Private Property
    • On your own land, business, or home—or with the property owner’s consent.
  4. Private Motor Vehicles
    • Transporting firearms in your car is legal under C.R.S. § 18-12-105.6, as long as state law is followed.
  5. Unloaded Firearms in Cases
    • Must be in a clearly marked, locked, or opaque gun case. Holsters are acceptable for handguns.
  6. Concealed Carry with Permit
    • Individuals with valid concealed handgun permits (CHP) may legally carry a concealed handgun; this is not considered open carry.
  7. Private Security Guards
    • When acting in the scope of their official duties.

🔄 Open Carry vs. Concealed Carry in Boulder

It’s critical to understand the distinction:

  • Open carry is largely banned in public spaces.
  • Concealed carry is permitted for those with a valid Colorado CHP.

If you intend to carry in Boulder, obtaining a concealed handgun permit is the safest and most legally secure option.

⚖️ Constitutional Concerns

While Boulder’s ordinance is valid under state law (because of SB21-256), it may still conflict with the Second Amendment and Colorado Constitution Article II, Section 13—both of which protect the right to bear arms for self-defense.

The U.S. Supreme Court’s ruling in NYSRPA v. Bruen (2022) reaffirmed that citizens have the right to carry firearms in public for self-defense. Though Bruen focused more on concealed carry restrictions, it emphasized that firearm regulations must be historically grounded and not arbitrary.

Boulder’s blanket ban on open carry in public places could be vulnerable if challenged in federal court, especially if it’s found to lack historical precedent.

👮 Enforcement and Penalties

Violating Boulder’s open carry law is a non-criminal offense, meaning:

  • You won’t face jail time.
  • You may be fined or cited.
  • Repeat violations could lead to escalating consequences.

While the law is currently enforced, its constitutional validity is still an open question, especially in the wake of recent court rulings protecting gun rights.

✅ Bottom Line for Gun Owners in Boulder

If you’re a gun owner living in or visiting Boulder:

  • Open carry is prohibited in public spaces under local law.
  • You may still carry concealed if you have a valid Colorado CHP.
  • Private property, hunting, and transport exceptions remain protected.
  • Legal challenges to Boulder’s ban are possible, especially if it’s applied broadly or arbitrarily.

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Legal Disclaimer
The information provided in this article is for informational purposes only and should not be construed as legal advice. Laws and regulations regarding firearms are subject to change, and their interpretation can vary. Always consult with a licensed attorney or legal expert for advice on specific legal matters or before taking any action based on the content of this article. Compliance with all applicable local, state, and federal laws is the responsibility of the firearm owner.

Concealed Carry, Legal & Law

Is It Illegal to Conceal Carry in the City of Boulder?

Mark Schneider

Updated: 6/2/25 at 21:34 MT

Can You Legally Conceal Carry in Boulder, Colorado?

The City of Boulder has enacted multiple ordinances aimed at restricting both open and concealed carry of firearms. While Boulder now has the authority under state law to pass stricter local gun laws, many of these restrictions likely violate the Second Amendment and go too far under the U.S. Supreme Court’s Bruen decision.

If you hold a valid Colorado Concealed Handgun Permit (CHP), here’s what you need to know.

🔹 Colorado Law: No More Statewide Preemption

Prior to 2021, Colorado had a strong firearms preemption law that prohibited local governments from creating their own firearm ordinances. That changed with Senate Bill 21-256, which repealed preemption and gave counties and municipalities the ability to enact stricter local firearm laws.

Boulder has since used that authority to pass multiple ordinances that restrict where and how firearms can be carried.

However, even with preemption repealed, local laws must still comply with the U.S. Constitution—specifically the Second Amendment.

📜 Boulder’s Firearm Ordinances

1. Section 5-8-9 – Attempted Ban on Concealed Carry

“No person shall have a knife or firearm concealed on or about such person’s body.”

This language appears to criminalize concealed carry entirely, regardless of whether a person has a permit. While Boulder can regulate firearms, banning all concealed carry—even for permit holders—directly conflicts with Supreme Court precedent and is unlikely to survive legal challenge.

2. Section 5-8-15 – Firearms Prohibited in “Sensitive Areas”

This ordinance bans both open and concealed carry in a wide variety of locations, including:

  • City-owned buildings and property
  • Parks, playgrounds, and open space
  • Community centers and recreation facilities
  • Public demonstrations
  • Bars, grocery stores, theaters
  • Churches and other houses of worship
  • Polling places
  • Hospitals and mental health centers
  • Stadiums, daycares, courthouses, banks

These are labeled as “sensitive places,” and the city requires signage to be posted at each location.

While NYSRPA v. Bruen (2022) upheld the concept of sensitive places, it limited them to locations with a well-established historical tradition of firearm restrictions—such as courthouses, polling places, and schools. Many of Boulder’s listed areas, such as grocery stores and parks, do not have historical precedent and are vulnerable to legal challenge.

3. Section 5-8-21 – Ban on Open Carry

This ordinance prohibits open carry of firearms in public places, with exceptions for:

  • Law enforcement and military
  • Private property and vehicles
  • Lawful hunting and target shooting
  • Licensed concealed handgun permit holders
  • Private security
  • Firearms in locked, opaque containers

This is more narrowly written and is more likely to withstand legal scrutiny, though it still raises constitutional questions in some contexts.

⚖️ What Bruen Really Says

In NYSRPA v. Bruen (2022), the U.S. Supreme Court held:

“The government may not simply declare public areas to be ‘sensitive’ without historical precedent for restricting firearms in those locations.”

The ruling protects the right of law-abiding citizens to carry firearms for self-defense in public, and any restrictions must be narrow, justified, and rooted in historical tradition.

✅ What Concealed Carriers Should Know

If you are a valid CHP holder in Colorado:

  • You are authorized under state law to carry concealed.
  • Boulder can regulate firearms locally, but its most extreme restrictions are likely unconstitutional.
  • Law enforcement is unlikely to arrest a legal CHP holder unless there’s a clear violation of state or federal law.
  • If confronted, remain calm, politely present your permit, and do not consent to searches or voluntary disarmament without cause.

🚨 Final Thoughts

While Boulder now has the authority to regulate firearms locally, many of its restrictions likely go beyond what the Constitution allows—especially blanket bans and overly broad definitions of “sensitive places.”

✅ CHP holders should continue to exercise their rights responsibly while staying informed and prepared for potential legal challenges.

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The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the content, laws and regulations may change, and interpretations may vary. You should consult with an attorney or legal professional to obtain advice specific to your situation. The author and website assume no responsibility or liability for any errors or omissions in the content or for actions taken based on the information provided. Carrying a concealed firearm may have serious legal consequences, and it is the responsibility of the individual to ensure compliance with all applicable laws.

Concealed Carry, Legal & Law

Prohibited Areas for Concealed Carry in Denver

Mark Schneider

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:

  1. You are a law enforcement officer or an active-duty member of the U.S. Armed Forces performing your duties.
  2. You are a licensed security guard with a firearms endorsement working under your job duties.
  3. You have authorization to carry a firearm at a Denver Police Department or Sheriff Department shooting range.
  4. 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.