Tag: open carry

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

Can You Legally Conceal Carry in the City and County of Denver?

Mark Schneider

There is a common misconception that concealed carry permits are not valid in the City and County of Denver. Some individuals have even reported being informed by police officers that their permits are invalid within city limits. This is not accurate. Understanding the local laws and regulations is crucial for responsible firearm ownership and carry.

State Preemption and Concealed Carry

In Colorado, state laws govern the issuance and validity of concealed carry permits. Even after Governor Jared Polis removed statewide preemption for certain gun laws, concealed carry permits remained protected at the state level. This means that counties, cities, and municipalities cannot alter how concealed carry permits function within their jurisdictions. Therefore, a valid Colorado concealed carry permit is recognized throughout the state, including in Denver.

Denver Municipal Code: What the Law Says

Two key sections of the Denver Municipal Code address the carrying of weapons:

  • Sec. 38-118(a): Unlawful Concealed Carry of Weapons

“Except as provided in subsections (c) and (d) of this section, it shall be unlawful for any person to wear, carry, or transport any weapon concealed on or about their person.”

  • Sec. 38-118(d): Exception for Concealed Carry Permit Holders

“It shall not be an offense under subsection (a) of this section if at the time of carrying a handgun, the person holds a valid permit to carry a concealed handgun and the person is carrying the handgun in conformance with any applicable federal, state, or local law…”

These sections clarify that while concealed carry is generally prohibited, an exception is made for individuals who hold a valid concealed carry permit and are complying with all other relevant laws.

Open Carry is Prohibited in Denver

It’s important to note that open carry of firearms is illegal in Denver. According to Sec. 38-118(b):

“Except as provided in subsection (c) of this section, it shall be unlawful for any person to openly wear, carry, or transport any weapon on or about their person or vehicle.”

Exceptions are limited and specific, such as for law enforcement officers or individuals on their own property. For the general public, open carry is not permitted within city limits.

Key Takeaways

  • Valid Permits are Recognized: If you hold a valid Colorado concealed carry permit or a state with reciprocity, you are legally allowed to carry a concealed handgun in the City and County of Denver.
  • Compliance is Crucial: Permit holders must adhere to all applicable federal, state, and local laws while carrying.
  • No Open Carry: Open carry of firearms is prohibited in Denver, regardless of permit status.

Conclusion

The confusion surrounding concealed carry laws in Denver often leads to misunderstandings. However, the law clearly states that concealed carry permit holders are exempt from the general prohibition against concealed weapons in the city. Always ensure that you are informed about the latest laws and regulations, and consult legal professionals if you have specific questions or concerns.

Stay informed, stay compliant, and carry responsibly.

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 and regulations may change, and the application of laws can vary based on individual circumstances. For specific legal advice related to firearm laws, consult with a qualified attorney.

Concealed Carry

Can You Carry A Firearm Into A National Park?

Mark Schneider

Navigating Firearm Regulations in National Parks: A Guide for Concealed Carry Holders and Gun Owners

The intersection of federal, state, and local laws governing the possession and carrying of firearms in National Parks can be complex and confusing for gun owners. With the stipulation that national parks’ gun laws are dictated by the corresponding state laws, concealed carry permit holders, including those from out of state, must navigate a labyrinth of regulations to ensure they remain within legal boundaries.

Understanding Federal Laws on Firearms in National Parks

Federal law permits individuals to possess firearms in National Parks as long as they are not prohibited by law from owning firearms and their possession complies with the state laws where the park is located (54 U.S.C. 104906). It’s crucial for visitors to familiarize themselves with all relevant federal, state, and local firearms laws and regulations before entering a national park. This preparation includes understanding laws about concealed carry and being aware of the specifics of reciprocity between states.

Reciprocity plays a significant role for out-of-state concealed carry permit holders. If a national park is situated in a state that recognizes the visitor’s home state concealed carry permit, then the visitor can legally conceal carry their firearm within the park, adhering to the specific state laws. However, even with this allowance, federal law categorically bans the possession of firearms in federal facilities within national parks, such as visitor centers and government offices, under 18 U.S.C. § 930.

Examples of Diverging State Laws and Their Impact

To illustrate the complexity, consider two scenarios involving gun owners in states with differing gun laws:

  1. California vs. Arizona in Yosemite National Park: A concealed carry permit holder from Arizona decides to visit Yosemite National Park, which spans areas in California. While Arizona has relatively less restrictive gun laws, California’s stringent regulations apply within the park’s boundaries. If the visitor carries a type of firearm or magazine that is legal in Arizona but banned in California, they could be violating state law despite legally entering the park with their firearm.
  2. Virginia vs. West Virginia in Harpers Ferry National Historical Park: This park is located at the junction of Virginia, West Virginia, and Maryland. A gun owner with a concealed carry permit from Virginia might be legal in sections of the park within West Virginia, owing to reciprocal agreements, but could find themselves in legal jeopardy in the Maryland section if Maryland does not recognize Virginia’s concealed carry permits.

Prohibited Actions Regardless of State Laws

Despite the variance in state laws, certain actions remain prohibited across all national parks:

  • Possession in Federal Facilities: Carrying firearms inside federal buildings within national parks is illegal, highlighting the importance of understanding which areas are off-limits.
  • Defense Against Wildlife: Federal regulations prohibit the use of firearms for self-defense against wildlife in national parks. Visitors are encouraged to use non-lethal means for wildlife protection.

National Parks Located In States Where Open Carry Of Firearms Is Lawful

In instances where a national park is located within a state that permits the open carry of firearms, visitors are legally allowed to open carry within that national park, adhering to the state’s specific open carry regulations. However, it is generally advised for visitors who have a concealed carry permit, or are in a state that allows permitless carry, to opt for concealed carry instead of open carry during their visit. Concealed carrying tends to be preferable as it minimizes the likelihood of drawing unwanted attention or causing concern among other park visitors. This approach promotes a more peaceful and unobtrusive experience for everyone in the national park, ensuring that the primary focus remains on enjoying the natural beauty and serenity of the park environment.

Navigating Legal Requirements

The responsibility lies with the visitor to ensure compliance with all applicable laws. This obligation includes a thorough investigation of state and local laws, especially in parks that span multiple jurisdictions. Gun owners must also respect the prohibitions on carrying firearms in federal facilities and the use of firearms within park areas.

Conclusion

For concealed carry holders and gun owners wishing to carry firearms into national parks, the key to lawful possession lies in a comprehensive understanding of and compliance with state laws and reciprocity agreements. As laws vary significantly from one state to another, what is legal in one jurisdiction may lead to serious legal consequences in another. Therefore, prior to visiting a national park, diligent research and preparation are indispensable to ensure a lawful and enjoyable visit.

This document is intended for informational purposes only and is not legal advice. Readers should consult a licensed attorney for advice on specific legal issues. The author disclaims any liability for actions taken or not taken based on this document’s content.