ARs in Denver

[COShooter78]

Hey all... just found this site and have to say there is tons of awesome information! I recently moved to Denver from out of state, and was pretty surprised to come accross all this info about 'assault weapons' being banned in the city and county of Denver. Reading the Denver laws, I interpret them as saying that my AR15 is illegal as long as I am a resident of Denver (city or county) and store said AR15 in my residence.

Is this right????

[mr_will]

i am pretty sure that is correct

[pickenup]

Does this apply?

Sec. 38-130. Assault weapons.
(a) Legislative intent. The city council hereby finds and declares that the use of assault weapons poses a threat to the health, safety and security of all citizens of the City and County of Denver. Further, the council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to fire an inordinately large number of rounds without reloading and are designed primarily for military or antipersonnel use. The city council finds that law enforcement agencies report increased use of assault weapons for criminal activities. This has resulted in a record number of related homicides and injuries to citizens and law enforcement officers. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the sale and possession of assault weapons while placing no restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice and other legitimate sports or recreational activities and the protection of home, person andproperty.
(b) Definitions. The following words and phrases, when used in this section, shall have these meanings respectively ascribed to them:
(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.
(2) Fixed cartridge shall mean that self-contained unit consisting of the case, primer, propellant charge and projectile or projectiles.
(3) Magazine shall mean a box, drum or other container which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol.
(4) Pistol shall mean a weapon originally designed, made and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hand and having:
a. A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing; and
b. A short stock designed to be gripped by one (1) hand and at an angle to and extending below the line of the bore(s).
(5) Rifle shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed cartridge.
(6) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine.
(7) Shotgun shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.
(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.
(d) Supplemental provisions. Except as specifically stated herein, the provisions of this section are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an assault weapon in this section from also being regulated under other provisions of law.
(e) Possession of assault weapons unlawful. It shall be unlawful to carry, store, keep, manufacture, sell or otherwise possess within the City and County of Denver a weapon or weapons defined herein as assault weapons, except that this subdivision shall not apply to:
(1) Any federal, state or local government agency or to any sworn members of said agencies acting within their official capacities.
(2) Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the City and County of Denver if, prior to such use, the police department is notified in advance in writing of the date, time, location, production schedule and days upon which such use shall take place and the type and serial numbers of the firearms.
(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.
(f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assault weapon legally prior to the effective date of this section may obtain a permit to keep, store and possess said assault weapon if:
(1) Said weapon is properly identifiable and contains its original serial number.
(2) An application for a permit for each assault weapon is filed with the police department within sixty (60) days of the effective date of this section pursuant to such procedures as the department may establish. The application shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the address where such assault weapon will be stored and such other information as the department may deem appropriate. The place of storage and possession shall not be changed without notification to the department of the proposed change in location and when said weapon will be transported. The department may charge a fee for registration not to exceed the actual processing costs of the department.
(3) The department shall issue a permit which shall identify the weapon and where it is to be stored.
(4) The information required for the registration and permitting of assault weapons shall be treated as confidential and shall not be made available to members of the general public. The council finds that the release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of persons at the premises where an assault weapon is located. The information on a permit application shall be used by the city only for law enforcement purposes.
(g) Sale or transfer unlawful. It is unlawful to sell or transfer possession of an assault weapon possessed pursuant to subsection (f) within the City and County of Denver.
(h) Reserved.
(i) Specific magazine prohibited. It shall be unlawful to carry, store or otherwise possess a magazine which will hold or may be modified to hold twenty-one (21) or more rounds.
(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.
(k) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall be confiscated and destroyed under section 38-120, disposition of confiscated weapons.
(Ord. No. 669-89, § 1, 11-6-89; Ord. No. 719-89, § 1, 11-27-89; Ord. No. 1058-96, § 2, 12-9-96; Ord. No. 38-07, § 6, 1-22-07)

[twitchyfinger]

Welcome,
Glad to see you found your way over here COShooter78!
Enjoy the wealth of info here.

[Roger]

From Rocky Mountain Gun Owners:

http://www.rmgo.org/faq/#Assault%20Weapons

http://www.rmgo.org/alerts/2004-denverruling.htm


"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://www.rmgo.org/alerts/2004-denverruling.htm) by Judge Meyers kept the Denver ban in place.

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://www.rmgo.org/faq/#NFA).



If the links don't work, then just go to the page.

[MrPrena]

you know, State should've won that case. This city ord/muni laws will make people really confusing.

[COShooter78]

Exactly! All of the talk of state laws being preemptive and then the city of Denver winning the decision back in 2004 to uphold the ban... then the state supreme court deadlocking in 2006... I am pretty confused at this point!

Talking to some people in local gun shops, they said that they can still sell an AR to a resident of Denver no problem due to the preemptive state laws... I would not like to put my 6920 on the line to test this theory however!

[HunterCO]

You are confused they can sell an assault weapon to anybody as long as its not illegal in the location of their shop. It is your responsibility to know what the laws are where you live.

If you live in Denver you can go outside of their jurisdiction and buy a so called assault weapon you just cant take it home.

[mattiooo]

Does this mean it's legal to take my AR to Denver to use at a Range?

[HunterCO]

Does this mean it's legal to take my AR to Denver to use at a Range?

Name one range in the city and county of Denver and I will answer that question. ;)

[Delphi]

When it comes to guns denver really sucks just way too confusing to take the risk. If i were you i'd move to some outlying suberb or somthin, leave all those hippies behind ;)

[mattiooo]

Name one range in the city and county of Denver and I will answer that question. ;)

A newcomer's mistake. I never understand yet what is and isn't a part of Denver. Thanks for making me check.

[COShooter78]

You are confused they can sell an assault weapon to anybody as long as its not illegal in the location of their shop. It is your responsibility to know what the laws are where you live.

If you live in Denver you can go outside of their jurisdiction and buy a so called assault weapon you just cant take it home.


Thanks for the clarification everyone. I decided to err on the side of caution and store my AR, 30 round mags and stockpile of Lake City ammo with a buddy in Boulder county. The conflicting laws are a royal pain the the a$$ if you ask me!

[MrPrena]

I've hear IL's some city ord/muni laws are pain in the A@@ too. Not to mention that Columbus OH law too. This really needs to stop for sake of innocent people who just move here get in trouble....

[ColoradoShooter]

Thanks for the clarification everyone. I decided to err on the side of caution and store my AR, 30 round mags and stockpile of Lake City ammo with a buddy in Boulder county. The conflicting laws are a royal pain the the a$$ if you ask me!

Hmmm...I hope you won't need your AR before you can go to Boulder and get it....

So let me see if I got this straight: I served my country in war and peace; and now continue to serve in other ways. My Dad and oldest brother were career military men. What the h3ll were we fighting for?

But now if I need to move to Denver to take a promotion, I either have to leave my AR and my 30 rounds magazines somewhere else, or become a criminal.

Let's see, outstanding citizen, injured in the line of duty, honorably served country...but wait, move to Denver with possessions...become criminal....WTF?

Um...yeah, that will be the day!

Guess I'll become a criminal when they require registration and confiscation too....cause I ain't doing that either.

What a croc!

Maybe the upcoming Supreme Court ruling will also aid this cause. Otherwise, what is left of the 2nd? What does preemption because it is a matter of state interest mean otherwise? Is Denver a sovereign state/country now or what?

Guess I better not move to Denver. Or maybe I should and try to vote the constitutional violators out of office. Say, where exactly is Denver in relation to the megalopolis anyway?

[Bang][Rant1][Rant2][Mad][AR15][UZI]

Life Member Gun Owners of America (do more for our rights)
Life Member NRA
Life Member Disabled American Veteran
Member Rocky Mountain Gun Owners
Member Second Amendment Foundation

[ssf467]

Why would you need an Ar DPD is there to protect you.

[Gman]

When seconds count, the police are just minutes away.

[ColoradoShooter]

Why would you need an Ar DPD is there to protect you.

Wow. I didn't realize each citizen was given their own body guard 24/7......


Maybe I'm just too dang independent for big city life....call me crazy but....G'man says it all.

Do you really think I am going to rely on, for protection, those who would violate my Constitutional rights?[ROFL3]

[cleaner72]

Id rather drink my own piss then use it to put out a fire in denver. Worthless place, a serious sore in what is a great state.

[BadShot]

ColoradoShooter .. The area referred to as Denver is actually a large metro area consisting of numerous cities which does include the City and County of Denver. Most of us just don't live in those area's. It is not illegal to transport across city and county lines, so no worries there.

Denver has "Home Rule" and has fast grown into a wanna be extension of Kalifornia just like Boulder has. If you prefer to have your rights respected with regards to the 2nd Amendment (13th here in Colorado isn't it?) .. then stay out of Denver and Boulder, but there are plenty of other municipalities that are more than cool.

[westy1970]

I moved to Loveland from the PRC (California) and you guys think Denver is bad? No assault rifles, no CCW no matter what (LE, Diane Feinstein[D] and Nancy Pelosi[D] excluded), no high cap mags for anything, no open carry, 11 day waiting period and only 2 firearms at a time, ammo restrictions (no AP, tracer...), soon to be ammo registration and a Republican (if you can call him that) Governor. And what is worse is that almost every legislation that happens in the PRC moves East eventually. I was interviewing last week and told the guy I recently immigrated to the United States from California and I was serious. I talked to my wife about moving to Montana last night. She laughed, of course.

[ColoradoShooter]

BadShot:

Thanks. Actually, I have accepted a promotion and will be moving to the greater Denver area from my beloved small mountain community. But I get to travel for work (and play on my own time and dime after the work is done) throughout the west including Alaska, so the trade off I think will be worth it. But I will not give up my rights or my guns!

So, I'm thinking if I get a place in Lakewood I'll be OK. I think that is Jefferson County is it not?

Does anyone know for sure if Lakewood is OK for so called "assualt" weapons and >20 round magazines?

A link to their laws regarding this would be good.

Any other things I need to consider?

Thanks!

[ColoradoShooter]

I moved to Loveland from the PRC (California) ...And what is worse is that almost every legislation that happens in the PRC moves East eventually....


All the more reason to hold the line. No compromise, no exceptions.

I don't know what is unclear about the words, "shall not be infringed." Has the English language deteriorated that much or are "we"/our leaders getting that stupid?

That's is why I joined Gun Owners of America as life member. Also why I'm a member of the Second Amendment Foundation and of Rocky Mountain Gun Owners. The NRA (I was a life member there first) just wasn't holding the line in my opinion....

I'd rather use my pen (time, money, and keyboard) now to defend my rights than be forced to use my "sword" later. We've all lost if it ever comes to that.

[westy1970]

[QUOTE=ColoradoShooter;88746]Has the English language deteriorated that much or are "we"/our leaders getting that stupid?[QUOTE]


Remember "What's the definition of sex?" Clinton almost cleared BJs for married men.

[libertyordeath]

interesting info (it was new to me as i was poking around rmgo's site) on denver's 2007 AWB amendments:



Does the City of Denver have an Assault Weapons Ban (AWB)? YES. Section 38-130 of Denver’s Revised Municipal Code (http://www.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://www.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.

[ColoradoShooter]

Snip.

[BadShot]

BadShot:

So, I'm thinking if I get a place in Lakewood I'll be OK. I think that is Jefferson County is it not?

Does anyone know for sure if Lakewood is OK for so called "assualt" weapons and >20 round magazines?

Lakewood is GTG .. and yeah I'm pretty sure that's Jefco. So not much issue getting suppressors and Class 3, CCW is pretty straight forward, though almost all Sheriff departments are claiming heavy application flow and taking nearly the full 90 says to issue.

[ColoradoShooter]

Lakewood is GTG .. and yeah I'm pretty sure that's Jefco. So not much issue getting suppressors and Class 3, CCW is pretty straight forward, though almost all Sheriff departments are claiming heavy application flow and taking nearly the full 90 says to issue.

Thanks!

As for CCW - Already have one from my current Sheriff. But will need to notify them when I move of course (will check, but think I have 30 days)....

However, first I'll check with JefCo and get that one issued before surrendering current one, unless they'll let me keep current one until it expires.

But somehow I don't think they'll let me keep it until 2012. Wouldn't even be an issue if they still honored my UT permit....I really dislike having to have a "permit" (i.e. registration) just to be "legal" for simply exercising a right acknowledged by the US Constitution....having to get permission to exercise a right, isn't a right at all....

And if they can't issue me a new one in the 30 days, then I'll still hang on to it until I get the new one.

I'll not let them turn me into a criminal due to their own bureaucracy....and I ain't going out in that urban wilderness not being armed!

No sheep here.

[libertyordeath]

Thanks!
But somehow I don't think they'll let me keep it until 2012.

i had the same question when i moved. you retain your current ccw and file a change of address form with your issuing sheriff. you need do nothing with the new sheriff. have a gander at copies of the statutes over at rmgo.org. anyone interpret the statutes otherwise?

[ColoradoShooter]

18-12-210. Maintenance of permit - address change - invalidity of permit.

(1) Within thirty days after a permittee changes the address specified on his or her permit or within three business days after his or her permit is lost, stolen, or destroyed, the permittee shall notify the issuing sheriff of the change of address or permit loss, theft, or destruction. Failure to notify the sheriff pursuant to this subsection (1) is a class 1 petty offense.
(2) If a permit is lost, stolen, or destroyed, the permit is automatically invalid. The person to whom the permit was issued may obtain a duplicate or substitute therefor upon payment of fifteen dollars to the issuing sheriff and upon submission of a notarized statement to the issuing sheriff that the permit has been lost, stolen, or destroyed.
(3) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.
Source: L. 2003: Entire part added, p. 645, § 1, effective May 17.



FROM: http://cbi.state.co.us/ccw/Statutes/18-12-210.asp

[ColoradoShooter]

A PDF change of address form labeled "COUNTY SHERIFFS OF COLORADO
ADDRESS CHANGE / PERMIT LOST OR DESTROYED FORM" is available from JefCo here: http://www.co.jefferson.co.us/jeffco/sheriff_uploads/address_change.pdf

Thanks for prompting me to look it up myself. Sometimes I'm just dumb (like for not doing it myself already!)

[Beer]

But what I don't like on the form is the box that says, "Fee Waived for Address Change" WTF. Do YOU see anything about a fee in the law above?
[Rant1]

[ColoradoShooter]

But wait, there's more:

From Jefco at: http://www.jeffco.us/sheriff/sheriff_T62_R126.htm#address

What happens to my permit if I move?
You must notify the Jefferson County Sheriff's Office within 30 days of an address change. Failure to do so is a chargeable offense. You will need to complete and have notarized a change of address (http://www.jeffco.us/jeffco/sheriff_uploads/address_change.pdf) form. Once completed, take the form and your current permit card, in person, to the Sheriff's Office Records Section. A new card will be issued.

If you move within the state of Colorado, your permit remains valid until it expires. At that time, you may either renew the permit with the Jefferson County Sheriff's Office or you may submit a new application to the sheriff's office where you reside. If you move to another state, your permit becomes invalid.

___________end_

So I hope my current Sheriff (Gunnison) has a similar policy, for I can not find any specific state laws or current Gunnison County policy regarding what they will do...

[libertyordeath]

What happens to my permit if I move?
Once completed, take the form and your current permit card, in person, to the Sheriff's Office Records Section. A new card will be issued.


as an aside/heads up to anyone outside of jeffco, each county is different. arapahoe doesn't require a new card to be issued, just the notarize change of address form to be filed. as always, check with your local sheriff for the most current info.

[ColoradoShooter]

Copy that. FYI - I did check with my County Sheriff (Gunnison). They said I just need to inform them. I won't be required to get a new permit until this one expires.

As you said, one needs to check with their county for specifics to that county.