If you’re facing a Colorado open carry charge, relax. You’re not handling this situation alone. We know it can be overwhelming to interpret the details of Colorado’s open carry laws.
Understanding the carry laws in Colorado is crucial to avoid penalties. Colorado allows open carry without a permit, but there are exceptions in certain cities like Denver.
Thus, we’ve compiled this guide to clear the confusion and equip you with the necessary knowledge to defend your rights. Please stick with us; assistance is close at hand.
Points to Note
Colorado Springs has rules about who can openly carry guns and where it’s not allowed. For example, people with felony records or drug problems can’t have guns.
Breaking the open carry law can result in jail time or fines, and the penalties get more challenging for offenses.
Lawyers help fight charges of breaking gun laws. They plan defenses and stand up for you in court.
There are places where you cannot carry a gun, like schools or federal buildings.
Having a lawyer who knows gun laws well is vital if facing charges.
Understanding Prohibitions and Exceptions
In Colorado, the law sets who can openly carry guns and where they cannot. We also look at cases where these rules don’t apply. Understanding open carry laws in Colorado is crucial, as they include specific restrictions and legal aspects that vary by location, potentially leading to legal consequences for violations.
Who is Prohibited from Open-carrying
Knowing the rules about who can’t carry guns openly is essential. Here’s a list:
Anyone with a severe crime record, like a felony, can’t have guns.
People hiding from the law are not allowed to have guns.
Kids under 18 need an adult to carry guns in public.
Those using drugs wrongly or with addiction problems cannot own firearms.
A dishonorable discharge from the military means no right to carry firearms openly.
Courts deciding someone is mentally unstable means they can’t own guns.
Only citizens with legal rights and some foreign visitors can “open carry” here.
People from states where open carry isn’t allowed also can’t do it here.
Not completing an approved gun training course might stop people from carrying.
These rules aim to keep everyone safe while still allowing responsible people to own guns. Being a responsible gun owner involves comprehensive firearm training and education to understand one’s rights and responsibilities.
Exceptions under State Law
Understanding gun laws can be tricky. Here’s a quick look at some essential rules for open carry:
You can’t openly carry a firearm on school grounds or federal property, such as courthouses and post offices.
A loaded gun is prohibited in public transportation areas like buses and trains.
Open carry is banned in Denver because of the city’s home rule law. The Colorado Home Rule Law enables cities like Denver to impose stricter laws on open or concealed carry in certain areas.
It’s illegal to have certain guns like short-barrel shotguns and machine guns anywhere in Colorado.
It would be best to have a valid permit to switch from open to concealed carry.
Even with a permit, you can’t bring your gun into places where the owner has said no firearms are allowed.
People who have committed severe crimes in the past, like felonies, can’t legally have firearms.
There are also specific rules for carrying in national parks and government buildings throughout Colorado.
Knowing these rules will help you exercise your rights safely and within the law.
Legal Consequences of Open Carry Violations
Breaking open carry laws can lead to tough times ahead. Depending on whether it’s your first mistake or if you’ve been caught before, you might face fines or even time behind bars.
Additionally, possessing a concealed firearm in Colorado requires obtaining a Colorado concealed handgun permit (C.C.W. permit), which comes with its legal implications and requirements, including statutes that disqualify specific individuals from carrying concealed firearms.
Penalties for First and Subsequent Offenses
Understanding the penalties for carrying a prohibited weapon in Colorado Springs is crucial for any gun owner. Mistakes can lead to severe consequences. We’re here to clarify what happens if someone breaks these laws. Whether it’s a first offense or a repeat one, knowing what’s at stake matters. In Colorado, obtaining a concealed carry permit involves being at least 21 years old and completing a firearms training course.
1st Offense of Carrying a Prohibited Weapon: This is a Class 1 misdemeanor punishable by 18 months in jail and a $1,000 fine.
2nd Offense of Carrying a Prohibited Weapon (within five years): This is a Class 5 felony, punishable by 1 to 3 years in jail and a $1,000 to $100,000 fine.
1st Offense of Unlawful Possession of a Weapon by a Convicted Felon: This is a Class 6 felony punishable by 12 to 18 months in jail and a $1,000 to $100,000 fine.
Our Colorado Springs Criminal Defense, L.L.C. team wants everyone to understand these laws well. We believe in the right to bear arms, but we also stress the importance of doing so within the framework of Colorado law. Mistakes happen, and when they do, having an expert defense lawyer can make a huge difference. The laws are clear: carrying a prohibited weapon can land you in jail and cost you fines. For repeat offenders, the stakes are even higher, with longer jail times and steeper fines.
Gun ownership carries responsibility. We’re here to help guide you through understanding these responsibilities. If you find yourself facing charges, we’re ready to defend you. We aim to ensure your rights are protected every step of the way.
Role of Open Carry Charge Lawyers
Open Carry Charge Lawyers help you fight charges if you’re accused of breaking gun laws. We use their knowledge to plan your defense. This defense strategy could mean proving that you were allowed to carry a weapon or that the law was unclear. We stand in court, talk for you, and ensure your rights are safe. Our job is crucial when facing severe penalties.
Defense Strategies and Legal Representation
Our team is seasoned in handling open carry charges. We specialize in gun and weapon laws and have a substantial history of over 30 years in courts. To us, each client is unique and requires a formidable defense. Hence, we ensure consistent availability for discussions and provide answers whenever required.
We resort to time-tested defense tactics adjusted to cater to your unique situation. From questioning the legality of police stops to demonstrating lawful possession within state and federal law boundaries, our primary objective remains to protect your rights under all circumstances.
Our defense plan is based on an extensive understanding of handgun regulations and familiarity with local and broader legal standards for carrying guns openly or concealed.
Conclusion
We know Colorado open carry laws can be challenging to enforce. Colorado Springs Criminal Defense, L.L.C., is here for you if you’re in a sticky situation because of these laws. Our team has the right skills to fight for your rights. We use clear plans and understand local rules well. We’re ready to help make things right for you.
F.A.Q.s
What does “open carry” mean in Colorado Springs?
Open carry in Colorado Springs refers to openly carrying a firearm, such as a pistol or revolver, in plain sight. This act differs from concealed carry, which involves hiding your weapon from plain view.
Is it legal to open carry without a permit in Colorado?
Yes, with exceptions. While Colorado is an open-carry state, and you can generally openly carry firearms without needing a specific permit, local jurisdictions may have rules limiting this right on private property or public transportation facilities.
How can I legally conceal my gun in Colorado?
You’ll need a concealed handgun permit to conceal your handgun legally or any deadly weapon, such as pistols and revolvers, under clothing or inside your vehicle out of plain sight (C.H.P.). The process typically includes completing an approved firearms training course by certified instructors and passing a background check conducted by law enforcement agencies.
Can everyone apply for a Concealed Handgun Permit (C.H.P.)?
Not all individuals are eligible for obtaining C.H.P. permits due to restrictions set by state and federal laws under the Gun Control Act of 1968 and other regulations codified into municipal codes. Persons with felony convictions, those on probation or parole, and those convicted of certain misdemeanors within the past ten years, among others, are usually prohibited from possessing firearms, including applying for C.C.W. permits.
Are there places where I cannot bring my firearm even if I’m licensed?
Yes! There are several places where carrying firearms – be it open or concealed – is restricted regardless of whether you have valid permits according to C.R.S., local ordinances, and other laws enforced by peace officers across various jurisdictions, including National Park Service areas; these include schools, government buildings with security measures at public entrances among others.
What should I do if charged with illegal firearm possession in Colorado Springs?
If you’re facing criminal charges related to illegal firearm possession or gun crimes in Colorado Springs, your first step should be contacting a criminal defense attorney. These professionals understand the complexities of local and state or federal law related to firearms and can provide you with the necessary legal guidance. They’ll work diligently on your behalf against prosecutors from the district attorney’s office to protect your Second Amendment rights.
