Tag: rifle

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.

Legal & Law

Can Immigrants with Legal Status Obtain a CCW and Firearms in Colorado?

Mark Schneider

As an immigrant in the United States, understanding your legal rights, especially regarding firearms, can be complex and challenging. A frequent question arises: Can immigrants with legal status obtain a concealed carry weapon (CCW) permit and possess firearms in Colorado? The answer is yes, but it involves meeting specific state and federal requirements.

Eligibility for Concealed Handgun Permit in Colorado

Work Visa Holders:

If you are in Colorado on a work visa, you can apply for a concealed handgun permit (CCW). However, several requirements must be met to ensure compliance with both state and federal laws:

  1. Valid Work Visa: You must have a valid work visa that permits your stay and employment in the United States.
  2. Supplemental Form: A supplemental form specific to your immigration status must be completed. This form typically requires detailed personal information and confirmation of your legal status.
  3. Proof of Residency: You must provide proof that you have resided in Colorado for at least 90 days. This can include utility bills, lease agreements, or other official documents showing your address.
  4. Valid Hunting License: One of the federal requirements is that you possess a valid hunting license. This license demonstrates your engagement in lawful sporting activities, which is a condition for non-immigrant aliens to possess firearms under federal law.

Non-Immigrant Visa Holders:

Non-immigrant visa holders, those admitted to the U.S. temporarily for specific purposes (such as tourism, business, or study), can also apply for a CCW in Colorado if they meet certain conditions:

  1. Admission Number: You must have an admission number issued by the U.S. Customs and Border Protection (CBP).
  2. Supplemental Form: Similar to work visa holders, a supplemental form detailing your immigration status and personal information is required.
  3. Proof of Residency: You must provide evidence of residing in Colorado for at least 90 days.
  4. Valid Hunting License: Possessing a valid hunting license is essential for meeting federal law requirements.

Immigrants with Permanent Residency (Green Card Holders):

Immigrants holding permanent residency (green cards) have a more straightforward path to obtaining a CCW in Colorado. The requirements include:

  1. Green Card: Your green card serves as proof of your permanent residency status.
  2. Supplemental Form: A completed supplemental form detailing your personal information and confirming your status as a lawful permanent resident.
  3. Proof of Residency: You must show that you have lived in Colorado for at least 90 days, similar to other applicants.

Federal Firearm Regulations

Federal law imposes additional restrictions on non-immigrant aliens regarding firearm possession. Under 18 U.S.C. 922(g)(5)(B) and 922(y)(2), an alien admitted to the United States under a non-immigrant visa is generally prohibited from shipping, transporting, receiving, or possessing firearms or ammunition unless they fall within specific exceptions. These exceptions include:

  • Valid Hunting License or Permit: Possessing a valid hunting license or permit indicates lawful participation in sporting activities.
  • Lawful Hunting or Sporting Purposes: Admission to the U.S. for lawful hunting or sporting purposes.
  • Official Representatives of Foreign Governments: Certain official representatives of a foreign government who are accredited to the U.S. Government or their government’s mission to an international organization.
  • Foreign Law Enforcement Officers: Foreign law enforcement officers entering the United States on official law enforcement business.

These regulations ensure that while non-immigrant aliens can legally possess firearms under specific conditions, they must strictly adhere to the outlined exceptions. Failure to meet these conditions can result in severe legal consequences, including deportation and criminal charges.

FBI Flow Chart for Non-Residents

To provide further clarity, the FBI has created a firearms dealer flow chart that outlines non-residents’ eligibility to buy a firearm. This flow chart is a valuable resource for understanding the specific conditions and exceptions under which non-residents can legally purchase and possess firearms in the United States. It visually explains the decision-making process, helping applicants ensure they meet all necessary legal requirements.

nics-ffl-tip-sheet-for-non-us-citizens-purchasing-firearms-august-2023Download

Steps to Apply for a CCW and Purchase Firearms in Colorado

  1. Verify Your Eligibility: Ensure you meet all the criteria for your specific visa type or residency status.
  2. Gather Required Documents: Collect all necessary documents, including your visa or green card, proof of residency, and a valid hunting license.
  3. Complete the Supplemental Form: Fill out the required supplemental form with accurate and detailed information.
  4. Submit Your Application: Submit your CCW application to the appropriate local authorities in Colorado.
  5. Background Check: Undergo a thorough background check as part of the application process. This check will verify your eligibility and ensure you comply with all state and federal laws.
  6. Complete Firearm Safety Training: Most CCW permit applications require completion of a firearm safety training course. Ensure you enroll in a certified course that meets Colorado’s requirements.
  7. Follow Up: After submitting your application, follow up with the issuing authority to check on the status of your application and ensure all paperwork is in order.

Conclusion

Immigrants with legal status in Colorado can obtain a CCW and possess firearms, but they must navigate a complex landscape of state and federal regulations. By understanding the specific requirements for work visa holders, non-immigrant visa holders, and permanent residents, and by strictly adhering to federal firearm regulations, immigrants can exercise their rights responsibly and legally. Utilizing resources like the FBI flow chart can further assist in ensuring compliance and understanding eligibility criteria.

For further assistance or detailed guidance, it is recommended to consult with legal experts or local authorities who can provide personalized advice based on your specific circumstances. Responsible firearm ownership starts with being well-informed and prepared.

Concealed Carry

What Is A Press Check On A Firearm?

Mark Schneider

Understanding the Press Check: Ensuring Your Firearm is Loaded and Ready

In the world of firearms, safety and preparedness are paramount. One crucial technique that shooters use to ensure their firearm is properly loaded and ready to fire is known as the “press check.” This procedure is commonly practiced by various groups, including soldiers, marines, special forces, police officers, security guards, and civilian concealed carry holders. Let’s delve into what a press check entails, its significance, and how to perform it correctly.

What is a Press Check?

A press check is a manual method of verifying that a round is chambered in a firearm, particularly a handgun. This check is performed after loading the firearm but before it is considered ready to use. The primary goal is to visually confirm the presence of a cartridge in the chamber, ensuring that the firearm is loaded and can be fired when necessary.

Why Perform a Press Check?

The rationale behind a press check is straightforward: it is a safety measure to confirm that the firearm is in a ready state. It addresses any uncertainty about whether a round has been successfully chambered, providing the shooter with confidence in their weapon’s status. This practice is especially vital in high-stress situations where the reliability of one’s firearm is non-negotiable.

How to Perform a Press Check

Performing a press check involves a few simple steps, which, when done correctly, ensure that the firearm is ready for use. Here is a step-by-step guide:

  1. Load the Magazine: Begin by loading the magazine with ammunition. Ensure the cartridges are correctly oriented and that the magazine is fully loaded according to its capacity.
  2. Insert the Magazine into the Firearm: With the magazine filled, insert it into the magazine well of the firearm, making sure it is securely in place.
  3. Chamber a Round: Next, grip the slide of the handgun and pull it back all the way before releasing it. This action, known as “racking the firearm,” should chamber a round. The firearm is now in a condition where it could theoretically be fired.
  4. Perform the Press Check: To confirm that a round is indeed chambered, lightly grip the top of the slide and pull it back about a quarter to a half-inch—just enough to visually inspect the chamber. You should see the cartridge seated between the breech face and the chamber. This visual confirmation indicates that the firearm is loaded.
  5. Return the Slide to Battery: After verifying that a round is chambered, release the slide, allowing it to return to its forward position, known as “battery.” In some cases, you might need to nudge the slide forward to ensure it is fully in battery, indicating the firearm is ready to fire. If the slide is not all the way into battery, the firearm will not discharge.

Conclusion

The press check is a simple yet critical procedure that shooters can employ to ensure their firearm is ready for action. While it may seem like an extra step, its importance cannot be overstressed, especially in situations where readiness and safety are crucial. By incorporating press checks into their routine, firearm users significantly enhance their operational security and peace of mind, knowing their weapon is ready whenever they might need it. Remember, responsible firearm handling always begins with safety, and the press check is a testament to this principle.