Anti-Gun Officials in Boulder Continue to Violate State Law

From the NRA-ILA. Does anyone know if Boulder has ever charged someone who was carrying concealed for violating their bogus rule? Of course, if someone got caught they weren't doing a good job of concealing. I frequently use the open space in and around Boulder and had wondered about the legality of their blanket no firearms rule.


http://www.nraila.org/legislation/st...=&st=10470&ps=

Recently, it was brought to our attention that the City of Boulder and their Open Space and Mountain Parks (OSMP) division have been in direct violation of Colorado law by posting signs that prohibit the carrying of firearms.

During the 2000 legislative session, a law was enacted that preempted localities and municipalities from regulating the legal concealed carrying of a firearm except for certain sensitive areas of the state. Since then, this law has been recognized and reaffirmed in subsequent court rulings, City and County of Denver v. State, No. 03-CV-3809 (Colo. Dist. Ct. Nov. 5, 2004) and Regents of the University of Colorado v. Students for Concealed Carry on Campus, LLC(2012 CO 17. No. 10SC344).

Both of these cases, one of which by the highest court in the state, have ruled that the lawful carry of a firearm by a valid concealed carry permit holder can only be regulated in very narrow circumstances and that places such as the OSMP in Boulder do not qualify for this exemption.

Boulder City Attorney Tom Carr brazenly stated today that he has no plans to remove these signs, stating that a person cannot carry a firearm in the OSMP of Boulder and that he will continue to enforce this local regulation. This local regulation is in direct violation of Colorado law. The willingness to openly defy this court-tested statute is just another example of the anti-gun crowd in Colorado erroneously going after law-abiding gun owners and sportsmen while ignoring potential solutions that would address violent crime.

Please call AND e-mail Boulder City Attorney Tom Carr and politely ask that he remove these signs as they are in violation of state law and illegally deceive law-abiding concealed carry permit holders in Colorado.

Tom Carr
Boulder City Attorney
Phone: 303-441-3020
E-mail: carrt@bouldercolorado.gov

It's been discussed before, but CRS 18-12-201(?) contains language that prevents the local regulation of concealed carry permit holders by municipalities. Many cities and towns have concealed weapons ordinances on the books so that they can charge someone without a permit as a municipal crime, rather than under the state law. If you have your CCW, you can carry in all areas of the state not prohibited by Federal law or the CRS 18-12-214.

Quote:

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18-12-214. Authority granted by permit - carrying restrictions



(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;

(b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;

(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

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I suspect most of these signs were printed well before the new CCW policies came into effect, and if you call them, the Open Space folks freely admit that they do NOT include holders of valid CCW permits. On other buildings, such as the County Clerk, have a generic "no weapons without legal authority" type sign. Per the law, local govt's can restrict open carry on public land (parks, trails, buildings), like Jeffco does with their new "No Open Carry" signs at trail heads.