View Full Version : Denver County question
I live in Denver County. I have been researching ar15's for quite a while now and have decided to purchase one. But I was recently told I can't own one in Denver County.
Can anyone that know the denver county laws please educate me and let me know if I can own an AR in Denver County.
Thank you for any information
BenM
buy one face-to-face = no problemo ;)
If it is, keep it quiet.[Beer]
20rd mag I think is the only limit?
HunterCO
11-21-2008, 20:26
Denver has an assault weapon ban you're not allowed to own one. If you get caught with it they will confiscate it.
Move out of Denver to one of the suburbs.
I live in Denver County. I have been researching ar15's for quite a while now and have decided to purchase one. But I was recently told I can't own one in Denver County.
Can anyone that know the denver county laws please educate me and let me know if I can own an AR in Denver County.
Thank you for any information
BenM
denver does have a assault weapon ban but it states
Does Denver ban shotguns as well? YES. Any semi-automatic shotgun with a magazine capacity of 6 or more rounds or a folding stock or both is also considered an AW. Here is the law from Denver:
(1) Assault weapon shall include all firearms with any of the following characteristics:
a. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.
b. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.
c. Reserved.
d. Any firearm which has been modified to be operable as an assault weapon as defined herein.
e. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
you can find this on rmgo.org or denvergov.org.............just keep your mags 20 rounds or less and you will be alright
Thanks for the info everyone. Loks like I will be purchasing one soon and keeping it to 20 rd mags.
Much appreciated
SigsRule
11-22-2008, 17:41
Since there are 30 round magazines available for AR's, are you under the impression that only having a 20 round magazine will make you legal in Denver County?
Since there are 30 round magazines available for AR's, are you under the impression that only having a 20 round magazine will make you legal in Denver County?
HunterCO
11-22-2008, 20:42
scottie's guns on east colfax in the city and county of denver has ak47 on his shelf with 20 round mags for sale. or he did last time is was there. we were talking about denver changing its laws recently about assault rifles. denver since around 1989 had a list of rifle you could not have even without any mags or ammo. that has changed. if ever in doubt or dont want to go off the denvergov.org site you can do what i did and call the denver police dept. and talk to someone that knows about the denver laws. i had talked to a officer that was very knowlagable about the gun laws there.
Call and ask them why they made the sportsmans wharehouse on south wadsworth remove all ar-15's, AK's ect. because they are in violation of the ban.
Call and ask them why they made the sportsmans wharehouse on south wadsworth remove all ar-15's, AK's ect. because they are in violation of the ban.
thats is lakewood or littleton. i dont doubt that they will itimidate a big chain store to remove them. here is a good link on rmgo.org. this law is coming to a city, county, state, country near you soon.........
"Assault Weapons"
Can I legally possess a semi-automatic, so-called "Assault Weapon" in Colorado? CONDITIONAL YES. Some municipalities ban them or require their registration. Though SB03-25 was designed to remove these municipal restrictions, a November 2004 ruling (http://rmgo.org/alerts/2004-denverruling.htm) by Judge Meyers kept the Denver ban in place (though modified).
Note: In January 2007, the Denver City Council passed 38-07, which modifies Denver's assault weapons ban. See below.
What is an "Assault Weapon"? Colorado law does not define an "assault rifle" or "assault weapon". Click Here (http://www.youtube.com/watch?v=X9cDbA8O9-c) for a short video that may help you understand the difference between a full-auto rifle and semi-auto rifle (Note: the narrator of the video misstates that fully automatic firearms are illegal -- please see our NFA weapons FAQ section (http://rmgo.org/faq/#NFA).
Does the City of Denver have an Assault Weapons Ban (AWB)? YES. Section 38-130 of Denver’s Revised Municipal Code (http://rmgo.org/faq/DenverOrd.shtml) was amended in 2007 and is titled “Assault Weapons” Denver's Assault Weapon ordinance (as well as other firearms ordinances) can be viewed here (http://rmgo.org/faq/DenverOrd.shtml). That ban, however, only applies to firearms with magazines that hold more than 20 rounds.
NOTE: This means it is legal to own an AR-15, FNFAL, HK91, MAK90, etc, as long as you do not insert a 21+ round magazine.
Does Denver’s AWB ban specific firearms? NO. Denver had a list of specific weapons that were banned but the 2007 amendments eliminated that list. For example, Denver’s old law banned the Colt AR15 by name. That weapon and all others on the previous list are now allowed in Denver with certain exceptions – namely those weapons with a high capacity magazine of 21 or more rounds. So, an AR15 with a 20 round magazine is not considered an "Assault Weapon" by Denver's ordinance. That same rifle with a magazine with a capacity of 21 or more rounds is considered an "Assault Weapon.".
Does that mean that I can own a so called Assault Weapon in Denver? CONDITIONAL YES. There are limitations on what you can own. Generally, Denver’s new law bans the possession of both high capacity magazines of 21 rounds or more and all rifles with a magazine of 21 or more rounds, which makes it an "Assault Weapon" in Denver's eyes.
Does Denver ban shotguns as well? YES. Any semi-automatic shotgun with a magazine capacity of 6 or more rounds or a folding stock or both is also considered an AW. Here is the law from Denver:
(1) Assault weapon shall include all firearms with any of the following characteristics:
a. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.
b. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.
c. Reserved.
d. Any firearm which has been modified to be operable as an assault weapon as defined herein.
e. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
Are there any exceptions to this law? YES. Here is the law from Denver:
(c) Specific weapons not included. As used in this section, assault weapon does not include any of the following:
(1) All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with capacity of twenty-one (21) or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.
(2) Any firearm that uses .22 caliber rimfire ammunition.
(3) Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
What is the penalty for violating this law?Here is the law from Denver:
(j) Penalty. Any person, firm or corporation who is convicted of violating any provision of this section shall be punished by a fine of not less than one hundred dollars ($100.00) or more than nine hundred ninety-nine dollars ($999.00) and a term of incarceration of not less than ten (10) days nor more than one hundred eighty (180) days.
What if I am not a resident of Denver? Can I be arrested if I am in Denver with my AW and hi-cap magazine? YES. Denver provides for an affirmative defense if you are not a resident of Denver and are traveling through Denver with your AW and hi-cap magazine. You can be and likely will be arrested and jailed and your vehicle will be towed and stored. You have to hire a lawyer to get the charges dismissed. In some cases in the past, Denver’s City Attorney allowed those arrested with an AW to give the guns to the city in exchange for dropping charges. This can be less costly than paying an attorney to get the charges dismissed and to get your guns back.
Here is the law from Denver:
(3) It shall be an affirmative defense to charges brought under this section that the transportation of an assault weapon:
(a) Is through the city by a nonresident who is in legal possession of an assault weapon; or
(b) Is by a person carrying a permit issued under subsection (f) and the transportation is for one (1) of the following purposes:
i. In aid of the civil power when thereto legally summoned;
ii. To a bona fide hunting trip for wild game, or to a legitimate sporting use of such weapon, including shooting matches or target trap or skeet shooting. All weapons carried for such purposes shall be unloaded;
iii. While transporting such weapon to or from a place for sale outside the city or for repair. All weapons carried for such purposes shall be unloaded at all times;
iv. As a member of the armed forces of a state or of the federal government while engaged in the lawful performance of duty;
v. In conjunction with moving personal property, including such weapon, from an old residence to a new residence. All weapons carried for such purposes shall be unloaded at all times.
How can I get a permit for an AW if I live in Denver? Unless you applied for and have kept your permit from the original law was passed in Denver in 1994, you will not be able to get a permit now.
Nope, it is actually Denver,, Years ago Denver "Stole",,I mean Anexed that part of the county...
It was Soon after that Ford dealership on Wadsworth went in.. Because the company I was working for at the time got the Lighting Maintinence contract for it.. Went down to change the Lamps to "Ours" And got charged the "Privlege to work in Denver" Tax..
Denver Saw the oppertunity for a new tax base and went for it..
So Yes That SW is "in" Denver..
Nope, it is actually Denver,, Years ago Denver "Stole",,I mean Anexed that part of the county...
It was Soon after that Ford dealership on Wadsworth went in.. Because the company I was working for at the time got the Lighting Maintinence contract for it.. Went down to change the Lamps to "Ours" And got charged the "Privlege to work in Denver" Tax..
Denver Saw the oppertunity for a new tax base and went for it..
So Yes That SW is "in" Denver..
ok i was not aware of that. when you look up SW on the internet or phone book it has it listed as littleton. but if your getting the privlege to pay denver the $10 a month tax, a progressive tax (i have paid it also, its been awhile) your where in denver. but i still stand by my research of denvers AWB. it kind of affects me. or maybe not
No, The rest is fine,,
They Might "Claim" Littleton,, But, they aren't.. Trying to draw people in with the lower ([ROFL1]) tax rate... I don't think Littleton is any lower than Denver anymore...
HunterCO
11-24-2008, 02:32
but i still stand by my research of denvers AWB. it kind of affects me. or maybe not
When you're research amounts to asking cops that is like asking a kid at grease monkey what is wrong with you're car. Nothing against cops as I have many friends and family in law enforcement.......not to mention the owner of this site is LE.
However that is ignorant and not what I would call research. Why not post some case law to support you're interpretation of the law?
When you're research amounts to asking cops that is like asking a kid at grease monkey what is wrong with you're car. Nothing against cops as I have many friends and family in law enforcement.......not to mention the owner of this site is LE.
However that is ignorant and not what I would call research. Why not post some case law to support you're interpretation of the law?
i did post case. you can see previous post. you can go to Denver.org, Denver's own website and read it for your self. i have contacted rmgo before he updated it. went to denvergov.org and called the Denver police. if you cant accept the law from Denver's own website i don't know who's you would accept.
HunterCO
11-24-2008, 20:23
i did post case. you can see previous post. you can go to Denver.org, Denver's own website and read it for your self. i have contacted rmgo before he updated it. went to denvergov.org and called the Denver police. if you cant accept the law from Denver's own website i don't know who's you would accept.
You don't understand what case law is let me explain you're interpretation, RMGO's interpretation, LE interpretation means nothing. It is what the courts interpretation of the law is.
Google case law and learn what it means, also any lawyer can explain it to you. It has nothing to do with the reading of a statute, I have probably every statute known to man printed out and filed for the state of CO regarding firearm laws. I also have case law to support most statutes any lawyer would also refer to case law to determine the meaning of a given statute.
How you or anybody else interperates a statute many times may be very different from how a court of law interperates it. You will also notice if you go through CRS statutes they almost always give case law to support the meaning of the statute. In other words how did the court of law rule as to the meaning of a given statute.
Last but not least I stated a fact that the city and county of denver made sportsmans wharehouse remove all so called "assault weapons" from the shelf. Not only that nobody has challenged the new law yet so there is no case law to back up the meaning of it. If you whish to be the test case knock yourself out, myself I would just move out of the city and county of denver and avoid the court costs.
When you're research amounts to asking cops that is like asking a kid at grease monkey what is wrong with you're car. Nothing against cops as I have many friends and family in law enforcement.......not to mention the owner of this site is LE.
However that is ignorant and not what I would call research. Why not post some case law to support you're interpretation of the law?
im just to ignorant to continue this. uncle, i give, uncle. i dont think moving out of denver is going to fix it this time. this might be coming on a federal level.
HunterCO
11-25-2008, 03:15
im just to ignorant to continue this.
Yes I would agree when you have no idea what case law is and you refuse to educate yourself. You're not going to do so well in a court of law.
Mastermind lawyers are a dime a dozen just ask any cop. ;)
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