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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:
On the person’s property;
In the person’s business; and
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:
Children under 18 years old if the firearm is a handgun;
Drug addicts and drug abusers;
People convicted of domestic abuse, even if it is just a misdemeanor;
Mentally ill-adjudicated people;
People subject to a restraining order for stalking;
Veterans dishonorably discharged from the Armed Forces;
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.