Are you allowed to “open carry” in Boulder Colorado?

What qualifies as a firearm carrying case?

The case must be recognizable as a gun carrying case by a reasonable person.² It should not resemble other kinds of cases, such as those that hold an instrument.

For instance, holsters qualify as an acceptable carrying case. But a duffel bag, briefcase, or backpack would not qualify unless it is clearly marked as carrying a gun.

People must carry these cases openly and not concealed. For instance, holsters may not be covered by a jacket or shirt. And cases must be carried outside of the clothes so they are visible.

Is there anywhere people can openly carry without a carrying case?

Yes. Open carry is legal in Boulder without a carrying case in the following three locations:

1. On the person’s property;
2. In the person’s business; and
3. In a private vehicle.³

What are the penalties?

Boulder’s punishment for openly carrying a gun without a carrying case is:

• Up to $1,000 in fines, and/or
• Up to 90 days in jail⁴

During a recent demonstration where protestors openly carried rifles, police chose not to make any arrests. Law enforcement figured it would escalate the situation. But ordinarily, anyone openly carrying a gun is vulnerable to getting arrested in Boulder.⁵

Who can never carry guns in Boulder?

Certain people may never carry guns in Boulder or throughout Colorado. It makes no difference whether or not the guns are in a carrying case. People prohibited from carrying a firearm include:

1. Children under 18 years old if the firearm is a handgun;
2. Convicted felons;
3. Drug addicts and drug abusers;
4. Fugitives;
5. People convicted of domestic abuse, even if it is just a misdemeanor;
6. Mentally ill-adjudicated people;
7. People subject to a restraining order for stalking;
8. Veterans dishonorably discharged from the Armed Forces;
9. Illegal aliens and non-immigrant visa-holders;
10. People who renounced their U.S. citizenship;
11. Anyone subject to a Colorado protective order that forbids possessing guns;
12. Anyone in federal facilities (examples are courthouses, airports, post offices, or federally subsidized housing); and
13. Anyone on public or private school or university grounds.⁶

Can I carry concealed in Boulder?

Yes, if the carrier secures a concealed weapons permit (CCW). The CCW may be from Colorado or a state that has reciprocity with Colorado.

People may be eligible for a Colorado CCW if they meet the following conditions.

• At least 21 years old;
• Eligible to possess a firearm;
• No past perjury convictions related to a CCW permit application;
• No alcoholism;
• No restraining orders;
• Competence with handguns; and
• Legal residency in Colorado

People who carry concealed must always carry their CCW as well as an ID. CCWs are valid for five years.⁷

Legal References

1. Boulder Municipal Code 5-8-21.
2. Same.
3. Same.
4. Boulder Municipal Code 5-2-4.
5. “Why Boulder police didn’t enforce open carry restrictions during recent protest,” 9News KUSA (April 25, 2018).
6. 18-12-108.5 C.R.S.; 18-12-108 C.R.S.; 33-6-125 C.R.S.; 18-9-118 C.R.S.; 18 U.S.C 922.
7. 18-12-105 C.R.S.; 18-12-203 C.R.S.