Open Carry Violations in Colorado
Carrying a firearm openly in Colorado is governed by a complex framework of state and local laws, and violations of these rules can have serious consequences. In some situations, the law allows local governments to restrict open carry within designated buildings or areas if proper signage is posted. In other circumstances, such as on school or child care property, state law imposes clear prohibitions with criminal penalties that may include jail time and steep fines. These rules can be confusing even for responsible gun owners, and misunderstanding them can lead to unexpected arrests or charges.
Colorado Open Carry Violations Lawyer
For anyone accused of an open carry violation, the stakes are high, not only because of the immediate risk of criminal penalties, but also because of the long-term impact that a conviction can have on personal rights, professional opportunities, and reputation. At Law Office of Matthew A. Martin, P.C., the goal is to provide clear guidance, protect clients from unfair prosecution, and ensure that every legal defense available under Colorado law is pursued aggressively.
If you have been charged with an Open Carry Violation in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of firearm crimes, such as open carry violations.
Call (303) 725-0017 to set up your first consultation free of charge.
Information Center
- What Are the Laws on Open Carry Violations in Colorado
- What Key Elements Does a Jury Consider in Open Carry Cases in Colorado
- What Are the Defenses to Open Carry Violations in Colorado
- Role of a Denver Open Carry Violations Attorney
- Frequently Asked Questions About Open Carry Violations in Colorado
- Resources
What Are the Laws on Open Carry Violations in Colorado
Local Open Carry Bans in Colorado (C.R.S. § 29-11.7-104) — This statute allows local governments to prohibit the open carrying of firearms in certain buildings or designated areas. To enforce such a prohibition, the government must post signs at each public entrance to the restricted space. The law does not itself set penalties; instead, the penalties come from the specific local ordinance that adopts the restriction. For example, one city may classify a violation as a municipal misdemeanor punishable by fines or short jail sentences, while another may impose civil penalties. Importantly, without properly posted signs, enforcement is legally questionable and may provide grounds for dismissal of charges.
Local Firearm Regulations Beyond Open Carry (C.R.S. § 29-11.7-103) — This law gives local governments authority to regulate or prohibit the sale, transfer, or possession of firearms, ammunition, and firearm accessories, as long as the regulations are not less restrictive than state law. A local ordinance enacted under this statute may only impose criminal penalties if the person knew, or reasonably should have known, that their conduct was prohibited. The penalties vary by jurisdiction, but could include misdemeanor charges and fines. The law does not permit local governments to reduce restrictions below state standards, and any attempt to do so is void.
Unlawful Carrying on School or Child Care Grounds (C.R.S. § 18-12-105.5) — This statute directly criminalizes carrying a weapon on school, college, university, or licensed child care property without proper legal authority. A person who brings a deadly weapon other than a firearm onto school grounds commits a class 6 felony. A person who brings a firearm, openly or concealed, onto school or child care grounds commits a class 1 misdemeanor, unless one of the narrow exceptions applies. Exceptions include authorized school demonstrations, lawful duties of school employees, school resource officers, or individuals with concealed carry permits under specific statutory allowances. Penalties for a class 6 felony in Colorado typically include 12 to 18 months in prison and fines up to $100,000. Penalties for a class 1 misdemeanor typically include up to 364 days in jail and fines up to $1,000. These penalties demonstrate how seriously the state treats the presence of firearms on sensitive educational property.
What Key Elements Does a Jury Consider in Open Carry Cases in Colorado
Knowledge of the Local Ban or Restriction — A jury must decide whether the accused knew, or reasonably should have known, that open carry was prohibited in a given location. C.R.S. § 29-11.7-103 specifically requires knowledge or reasonable notice before criminal liability can attach.
Presence of Properly Posted Signs — Jurors evaluate whether signs were posted at all public entrances as required by C.R.S. § 29-11.7-104. If signage was missing or unclear, it undermines the government’s case and may justify acquittal.
Location of the Offense — The setting of the alleged violation matters. Under C.R.S. § 18-12-105.5, the prosecution must prove the offense occurred on school grounds, at a child care center, or on college or university property. If the location does not fall within these categories, the statute does not apply.
Type of Weapon Involved — Jurors must consider whether the weapon qualifies as a firearm or deadly weapon as defined in C.R.S. § 18-12-101. This determination directly influences whether the defendant’s conduct falls under the prohibitions in the statutes.
Intent and Purpose for Carrying — Some exceptions allow for firearms to be carried for demonstrations, official duties, or lawful protection. The jury must assess whether the defendant’s purpose for carrying qualifies under these exceptions.
Legal Authority or Permits — A defendant with a valid concealed carry permit or other statutory authorization may be exempt from liability under certain circumstances. A jury must evaluate whether such authority existed and applied to the situation.
What Are the Defenses to Open Carry Violations in Colorado
Lack of Properly Posted Signs — When a local government bans open carry under C.R.S. § 29-11.7-104, it is legally required to post signs at public entrances to the restricted building or area. If the prosecution cannot prove that such signs were present, visible, and adequate, then enforcement of the ordinance is questionable. A defense lawyer may argue that the accused never received fair notice, making conviction improper.
No Knowledge of the Prohibition — C.R.S. § 29-11.7-103 makes clear that a person can only face criminal penalties if they knew, or reasonably should have known, that their conduct was prohibited. If the defendant did not have actual knowledge and the circumstances did not reasonably place them on notice, then the required element of knowledge is missing. A defense attorney may use this to argue for dismissal or acquittal.
Authorized Purpose or Activity — C.R.S. § 18-12-105.5 provides exceptions for those carrying weapons on school or child care property when doing so for authorized demonstrations, extracurricular activities, or official duties as school employees. If the defendant’s possession of a firearm was tied to one of these sanctioned purposes, it can serve as a strong defense. Demonstrating that the conduct fell within an approved activity may prevent criminal liability.
Valid Concealed Carry Permit — The statute governing weapons on school property includes an exception for individuals holding a valid concealed handgun permit when carrying under specific circumstances, such as in parking lots of certain facilities. If the defendant had a valid permit and carried in a manner that fits one of these exceptions, charges may not stand. This defense requires careful examination of both the permit’s validity and the precise location of the alleged offense.
Law Enforcement or Security Personnel Exception — C.R.S. § 18-12-105.5 specifically excludes school resource officers, peace officers, and authorized security personnel from its prohibitions when carrying in the course of their duties. If the defendant qualifies under one of these roles, then criminal liability does not attach. This defense often hinges on employment records and agency policies.
Weapon Was Unloaded and Inside a Vehicle — The same statute allows an exception if the firearm or weapon was unloaded and kept inside a motor vehicle while on school, college, or university property. If the defendant’s conduct fits this description, a defense attorney can argue that the law does not apply. The burden rests on the prosecution to prove otherwise.
Location Not Covered by Statute — To secure a conviction, the government must prove that the alleged violation occurred in a place covered by the statute, such as a school, child care center, or locally restricted area. If the location was outside the jurisdiction of the law, then the conduct may not be criminal. For example, carrying openly on private property without a posted prohibition may not fall within these statutory restrictions.
Weapon Not a Firearm or Deadly Weapon Under Statutory Definition — C.R.S. § 18-12-101 provides definitions for “firearm,” “handgun,” and “deadly weapon.” If the weapon in question does not meet these definitions, then the government’s charges may be legally flawed. A defense attorney may challenge whether the state has proven that the item qualifies as a regulated weapon under Colorado law.
Role of a Denver Open Carry Violations Attorney
Analyzing the Charges — An attorney will closely examine the law under which the individual is charged. Each law carries different elements and penalties, so the lawyer will immediately identify weaknesses in the government’s case.
Challenging Signage and Notice — Defense counsel will review whether the required signs were posted at public entrances, whether they were visible, and whether the accused reasonably knew about the prohibition. Missing or unclear signage can create grounds for dismissal of charges.
Evaluating Exceptions — The lawyer will determine if the defendant qualifies for statutory exceptions, such as having a valid concealed handgun permit, being involved in an authorized school activity, or working as security personnel or law enforcement.
Protecting Future Rights — Beyond fighting the charge, the attorney will work to prevent lasting damage to the client’s criminal record and personal reputation. This includes negotiating reduced penalties, seeking dismissal where possible, and ensuring the client’s constitutional rights are fully protected.
Frequently Asked Questions About Open Carry Violations in Colorado
What is an open carry violation in Colorado?
An open carry violation in Colorado occurs when someone carries a firearm openly in a location where state or local law prohibits it, such as schools, child care centers, universities, or areas designated by posted signs.
What are the penalties for an open carry violation in Colorado?
Penalties depend on the statute and location. Carrying a firearm onto school or child care property under C.R.S. § 18-12-105.5 is a class 1 misdemeanor, punishable by up to 364 days in jail and fines up to $1,000.
Can local governments ban open carry in Colorado?
Yes. Under C.R.S. § 29-11.7-104, local governments can ban open carry in specific buildings or areas, but they must post signs at public entrances. Without proper signage, enforcement of such ordinances is questionable and potentially subject to legal challenge.
Is carrying a firearm on school property considered an open carry violation?
Yes, carrying a firearm, whether open or concealed, on school, child care, or university property without authority violates C.R.S. § 18-12-105.5. It is treated as a class 1 misdemeanor, though some exceptions apply for law enforcement and authorized activities.
What defenses exist for open carry violations in Colorado?
Defenses include lack of posted signage, no knowledge of the prohibition, carrying under a valid permit, authorized purposes, or being a peace officer or school resource officer. Each defense depends on the specific circumstances and applicable statutory exceptions.
Does having a concealed carry permit protect against an open carry violation?
In limited cases, yes. A valid concealed carry permit may allow carrying in certain parking lots or locations under exceptions in C.R.S. § 18-12-105.5. However, permits do not authorize open carry where it is explicitly prohibited by law.
What weapons are covered under Colorado open carry laws?
C.R.S. § 18-12-101 defines “firearm,” “handgun,” and “deadly weapon.” Open carry violations typically involve firearms, but definitions ensure courts decide whether a particular weapon qualifies. Prosecution depends on whether the weapon meets statutory definitions under Colorado firearm and weapons laws.
Can someone face felony charges for an open carry violation?
Yes. Under C.R.S. § 18-12-105.5, bringing a deadly weapon other than a firearm onto school property is a class 6 felony, punishable by up to 18 months in prison and fines reaching $100,000 under Colorado sentencing guidelines.
How do juries decide open carry violation cases in Colorado?
Juries consider whether the defendant knew about the ban, whether signs were properly posted, the location of the offense, the type of weapon, intent for carrying, and whether any statutory exceptions apply under Colorado firearm and open carry laws.
Why should someone hire a lawyer for an open carry violation in Colorado?
A lawyer can analyze statutory defenses, challenge improper signage, verify permit validity, and negotiate penalties. Open carry violations may carry jail time, fines, and long-term consequences, making experienced criminal defense representation essential for protecting legal rights.
Resources
Colorado General Assembly – C.R.S. § 29-11.7-104 — This statute explains how local governments in Colorado may prohibit the open carrying of firearms in certain buildings or areas. It also requires those governments to post signs at public entrances to notify the public about any such restrictions.
Colorado General Assembly – C.R.S. § 18-12-101 — This statute defines important terms used in Colorado’s firearm and weapons laws, including what qualifies as a firearm, handgun, or deadly weapon. These definitions provide the foundation for how other statutes are applied and enforced in open carry violation cases.
Colorado Bureau of Investigation – Firearm Legislation, Rules and Statutes — This resource from the Colorado Bureau of Investigation provides a list of firearm-related laws and statutes. It includes references to criminal code provisions, background check requirements, restrictions on firearm possession, and other firearm-related regulations currently in effect in Colorado.
Hire a Firearms Criminal Defense Attorney in Denver, Colorado
If you have been charged with an open carry violation in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.
Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.