Local laws can prohibit NFA items??

[9mmJ]

Afternoon all. Bought my first AR a couple years ago and wanted to purchase some NFA items for a couple builds I had in mind. I live in Greenwood Village and they have a city ordinance against possession of a suppressor or SBR in the city limits. Does the tax stamp trump the city or am I out of luck?


The language:

"Sec. 9-20-20. Possession of illegal or dangerous weapons.
It is unlawful for any person to knowingly possess an illegal weapon or a dangerous weapon in the City."

"Dangerous weapon means a firearm silencer, machine gun, short shotgun, short rifle or ballistic knife."


Thanks in advance.

[paddywagon]

Thats a good question.
I have never heard of a weapon that wasn't dangerous to the intended!

[RCCrawler]

How is a silencer a dangerous weapon?

[9mmJ]

Thats a good question.
I have never heard of a weapon that wasn't dangerous to the intended!

Right! WTF is a "safe weapon"??

[ray1970]

Right! WTF is a "safe weapon"??

A Nerf gun.

[Monky]

Call the Chief and ask?


Sent by a free-range electronic weasel, with no sense of personal space.

[Lurch]

I looked up the law and you should be fine.

Sec. 9-20-30. Possession of deadly weapons.
(a) It is unlawful for any person to possess any deadly weapon except as authorized by this Article,
the State Constitution or the Colorado Revised Statutes.
(b) It shall not be a violation of this Section if the person is:
(1) In his or her own dwelling or place of business or on property owned or under his or her
control at the time of possession;
(2) In possession of a deadly weapon in a private automobile or other private means of
conveyance for hunting or for the purpose of lawful protection of his or her person or property or
another's person or property;
(3) In possession of a nunchaku or throwing star for the purpose of a public demonstration or
exhibition or for a school or class which is transported in a closed container; or
(4) In possession of a valid written permit to carry the deadly weapon and carrying the deadly
weapon in compliance with such permit. (Prior code 9.20.030; Ord. 32 §1, 2011)

[J]

Negative Lurch. 9-20-30 is for deadly weapons, NFA items are defined in that statute as dangerous weapons which is in 9-20-20. Deadly vs dangerous. Unfortunately with that ordinance written as it is, the letter of the law prohibits NFA items, aka dangerous weapons, in your city without listing any possible exemptions. Terrible.

[Lurch]

You are absolutely right and I'm glad I don't live there and I will avoid it when I drive out to use the toys. OP I would just move.

[Circuits]

A local law can prohibit something subject to a few restrictions:

1) A higher political entity must not have taken over exclusive jurisdiction of laws relating to the subject matter - e.g. if a state has pre-empted all lower levels of its governments from enacting firearms laws
2) Cannot abrogate rights or contradict the state or U.S. constitution - though whether a local law does so will ultimately be up to the courts, and could be around for a long time before a successful challenge might strike it down.

In Colorado, the state legislature has pre-empted firearms laws in almost all aspects, except open carry. Denver's 20rd mag limit is technically illegal since the legislature pre-empted those laws in 2003, but it hasn't been successfully challenged, and the state's new 15rd limit makes it moot except for a possible challenge by grandfathered residents.

On its face, the local statute you refer to should have become void when the state passed pre-emption in 2003.

[electronman1729]

Afternoon all. Bought my first AR a couple years ago and wanted to purchase some NFA items for a couple builds I had in mind. I live in Greenwood Village and they have a city ordinance against possession of a suppressor or SBR in the city limits. Does the tax stamp trump the city or am I out of luck?


The language:

"Sec. 9-20-20. Possession of illegal or dangerous weapons.
It is unlawful for any person to knowingly possess an illegal weapon or a dangerous weapon in the City."

"Dangerous weapon means a firearm silencer, machine gun, short shotgun, short rifle or ballistic knife."


Thanks in advance.

Just move to JeffCo

[SAnd]

"Local laws can prohibit NFA items??" Yes. The ATF will not approve a Form 1 or Form 4 if they know it violates local law. I have no idea whether NFA items violate your particular local laws.

[spleify]

The language:

"Sec. 9-20-20. Possession of illegal or dangerous weapons.
It is unlawful for any person to knowingly possess an illegal weapon or a dangerous weapon in the City."

"Dangerous weapon means a firearm silencer, machine gun, short shotgun, short rifle or ballistic knife."




The "illegal" in that sure makes it sound like a law abiding citizen whom is legal to own a firearm should ok? No?

If you pass a back ground check for a firearm, and go through the appropriate channels to legally acquire your tax stamp for a suppressor, that would make it a legal "weapon" ( I hate that term). But who knows....

[Circuits]

The "illegal" in that sure makes it sound like a law abiding citizen whom is legal to own a firearm should ok? No?

If you pass a back ground check for a firearm, and go through the appropriate channels to legally acquire your tax stamp for a suppressor, that would make it a legal "weapon" ( I hate that term). But who knows....

Nope, applies both to illegal weapons and dangerous weapons - each is defined separately.

As I posted earlier, this statute should be moot, per 2003 pre-emption by the state legislature.

[spleify]

Thanks for the clarification Circuits.

Man that is a real shame they have a local law like that

[9mmJ]

Thanks for all the info. Even if the statute is moot, it is still on the books and would have to be challenged. Looks like I'll be putting the house on the market this spring.

[9mmJ]

I just had a thought. If I use my office address for my trust and keep the NFA items in my office safe am I GTG?? Office is in unincorporated Arapahoe county.


Thanks again for the advice.

[Circuits]

If the items don't go to Greenwood Village, Greenwood Village can't even try to enforce their mooted law. So, yes.

Though I'd have just done it from my home address in Greenwood Village, if it were me, and I lived there.

[300chris]

I would not be too worried. if you read further in the section- Sec. 9-20-110. Exemptions and affirmative defense "Nothing in this Article shall be construed to abrogate the right of a person in possession of a validpermit or license for possession of a weapon to possess such weapon in compliance with such permit orlicense. "

My guess is that this is how they are dealing with the pre-emption issue. If 9-20-20 was left without this, you would be subject to arrest, and even confiscation if you had a legally registered "dangerous weapon" and were simply driving through. My read on 9-20-110 ( and I am certainly not a legal person) is that possesssion of a valid ATF tax stamp (permit/liscense) would preclude you from any issues. It says "a weapon" and does not differentiate between dangerous and deadly.

This section was ammended fairly recently (after the pre-emption law) so I'm guessing that they though about this issue. I guess you could call the city attorney or chief of police and ask how they interperet this.

[Great-Kazoo]

I would not be too worried. if you read further in the section- Sec. 9-20-110. Exemptions and affirmative defense "Nothing in this Article shall be construed to abrogate the right of a person in possession of a validpermit or license for possession of a weapon to possess such weapon in compliance with such permit orlicense. "

My guess is that this is how they are dealing with the pre-emption issue. If 9-20-20 was left without this, you would be subject to arrest, and even confiscation if you had a legally registered "dangerous weapon" and were simply driving through. My read on 9-20-110 ( and I am certainly not a legal person) is that possesssion of a valid ATF tax stamp (permit/liscense) would preclude you from any issues. It says "a weapon" and does not differentiate between dangerous and deadly.

This section was ammended fairly recently (after the pre-emption law) so I'm guessing that they though about this issue. I guess you could call the city attorney or chief of police and ask how they interperet this.


Call a PD or attorney, that doesn't support NFA items [facepalm] Might as well tell them you picked up a 30 round mag from down the block, while you're at it.

[Alpha2]

"Call a PD or attorney, that doesn't support NFA items [facepalm] Might as well tell them you picked up a 30 round mag from down the block, while you're at it."

Exactly. It's like a big neon sign "PICK ME, PICK ME!!!"