OC prohibited in Lakewood open space?

[Rooskibar03]

So I'm finally trying to get some exercise again and since my home backs up to the Bear Creek Trail I went out for a few miles.

I come across one of the "trail boards" with the map and rules of the open space and there is an 8.5x11 piece of paper taped to the board with the following message.

"Open Carrying of firearms is prohibited. Ordinance 9.32.050"


A. The open carrying or wearing of a firearm within or upon the grounds of any community center, recreational facility, the Lakewood Civic Center, City park, City trail, or City open space including any City owned, operated, or leased building or property is unlawful when said City building or City property is posted with a sign at the entrance to any City building or City property informing persons that the open carrying of a firearm is prohibited in such building or area.

I'm pretty sure I've seen this come up before but is simply taping a sign to board suffient to fulfill the law? There are trails into the open space everywhere, so how can you post a sign at the "entrance"?

[Gunner]

Take it down ;)

[kanekutter05]

I'm not a lawyer...but my understanding is state law preempts local ordinances with the exception of the city and county of Denver.

[Rooskibar03]

I'm not a lawyer...but my understanding is state law preempts local ordinances with the exception of the city and county of Denver.

That was the first thing that came to mind also.

[kanekutter05]

That was the first thing that came to mind also.

But that's not to say you wouldn't be hassled and/or arrested, but my guess is that you would win the fight pretty easily utilizing any competent lawyer. It's just matter of you wanting to spend the time to fight it.

[BushMasterBoy]

There ought to be a federal law against this. But then again all our rights spelled out in the constitution are infringed upon all the time. We are not the priveleged class, for instance I bet a federal judge seen carrying in the park would not be cited there by the local cops. We are just peons...

[Rooskibar03]

[Stooge]
But that's not to say you wouldn't be hassled and/or arrested, but my guess is that you would win the fight pretty easily utilizing any competent lawyer. It's just matter of you wanting to spend the time to fight it.

Thankfully I don't plan of OC while jogging, (hell concealed while jogging int practical) so its not an issue per say.

Doesn't mean I'm ok with them trying to infringe.

[Irving]

I'm not a lawyer...but my understanding is state law preempts local ordinances with the exception of the city and county of Denver.

You are correct, except there is no state law that says you can open carry, so it is not an issue for them to say you can't OC on city land. This is the case for most city owned parks in the metro area.

[TFOGGER]

Open carry can be regulated by individual jurisdictions. Jeffco and Lakewood both prohibit open carry in some areas. Concealed carry is regulated by state law which overrides local ordinances. If you have a CHP, you can carry concealed in these open space areas, but they can theoretically cite you(and convict) if you open carry where it is prohibited by ordinance.

[10mm-man]

29-11.7-104. Regulation - carrying - posting.
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

[kanekutter05]

29-11.7-104. Regulation - carrying - posting.
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

So in theory if they didn't have a sign at EVERY public entrance then you could argue that it's not a valid OC ban. Would be quite the fight but I would think one could win.

[SideShow Bob]

Pieces of paper tend to blow away in the wind......... Hint, hint........[Tooth]

[Circuits]

I'm not a lawyer...but my understanding is state law preempts local ordinances with the exception of the city and county of Denver.

State law devolved the open carry questions to local governments, at the same time it reserved regulation of CCW to the state.

The only exception to state pre-emption is that Denver was allowed to keep its home-grown "AW Ban" on magazines over 20 rounds.

[10mm-man]

State law devolved the open carry questions to local governments, at the same time it reserved regulation of CCW to the state.

The only exception to state pre-emption is that Denver was allowed to keep its home-grown "AW Ban" on magazines over 20 rounds.

Was it not allowed to also keep it's OC in effect also? As in the city of Denver does not allow OC anywhere....

[sniper7]

throw the piece of paper away.[Beer]

[buckshotbarlow]

first rub the paper in some dog doodo, then put it in the trash...

[spqrzilla]

Bottom law is that open carry restrictions are not preempted. They are enforceable.