In Weld, Morgan, and Logan County, it is legal to open carry your firearm. This means you can carry a handgun on your person without a permit, if it is visible. Some business and jurisdictions (such as schools) can restrict the carrying of firearms if they post their ordinance. But, two years ago in the wake of the Aurora theater shooting, justice went out the window. A man was arrested in a movie theater in Colorado for carrying a gun. His actions weren’t illegal, so why was he arrested? As firearms rights lawyers, we take our right to bear arms seriously. Let’s take a closer look at the situation to determine where justice went awry.
Open Carry in Greeley and Across Colorado
Denver is the only county that has restricted open carry (the city of Breckenridge also bans open carry on city owned property). In 2006, the Colorado Supreme Court ruled in the favor of District Courts, allowing them to ban open carry. But, in other counties across Colorado, you are allowed to openly carry a handgun on your person, or in your car.
Public’s Opinion of Guns Derails Justice
In the wake of the theater shooting in 2012, gun rights were a hot topic. Everyone began discussing gun control and banning firearms. A week after the shooting, a man carried a holstered firearm into a movie theater to protect himself and others as he had done many times in the past. The movie started, but then a few minutes after it began, the movie went off and the lights came on. The man got a call from a friend who told him that there was someone in the theater with a gun. Calmly, the man stood up and told the crowd he had a concealed carry permit. Regardless of his right to carry, the man was arrested.
– Injustice Number One:
The arrest reports state the man was arrested for Possession of a Dangerous Weapon in a Liquor or Beer Establishment. He was in a movie theater, not a liquor store. He was arrested unlawfully.
– Injustice Number Two:
The arrest report went on to say that he was flourishing and brandishing his gun. This simply isn’t true. The man testified that the gun never even left his holster.
Justice is Served Two Years Later: Victory for Gun Rights
The man’s lawyer fought the charges against him and focused on the fact that he never should have been arrested in the first place. The DA dropped the charges against the man, but he didn’t want to stop there. The city recently awarded him a settlement check for his unlawful arrest. The criminal defense attorney who represented the man believes justice has been served. We completely agree with him. The “mood of the moment” isn’t an excuse to take away people’s gun rights.