30-Rnd magazine no-go in Denver?

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07-01-2011, 01:07
Clint45

Denver allows up to 20 rd magazines.
07-01-2011, 02:22
Storm

Quote:

Originally Posted by Wulf202

Driving through denver is exempted from the laws it's only for people residing in denver.

Denver allows open carry if you already have a CCW....

This is incorrect information, open carry in Denver is prohibited with or without a CCW Permit. See http://opencarry.org/co.html. If you OC in Denver, count on having a bad day or more likely a bad year.

In addition, car carry (having a firearm immediately accessible while operating a motor vehicle is) in Denver is also prohibited, unless you have a CCW permit that is valid in the state of Colorado.

As far as the "Assault Weapons/20 round mag limit" law in Denver, you are ok if you are traveling through Denver but do not reside there. However, if stopped by DPD, I would not inform the LEO that I have a long gun w/ mags in the trunk. You do have a 4th Amendment right to privacy and a 5th Amendment right not to have to incriminate yourself. By Colorado law all long guns transported in a vehicle must be (essentially) locked up in the trunk without a round in the chamber.

A Little History Here:
Back a few years ago the legislature and Gov. Owens passed the Firearms Preemption bill which stated that no municipality or sub-government within the state could have firearms laws more restrictive than state law. Thus, giving the state govt. authority over firearms law in Colorado. At the time Denver had some rather restrictive firearms laws, some of which were may issue CCW, no open carry, no car carry, and an assault weapons ban amongst others. Denver sued the state over the preemption law in Denver District Court and essentially won the case. The state appealed the case to the Colorado Supreme Court. By the time the case got to the SC, the Solicitor General of the state (Colorado's state lawyer) at the time of the original case had been appointed to the SC. She recused herself as she had argued the initial case. This left essentially a 3/3 split on the court, a compromised was reached in which, IIRC, Denver was forced to abide by the State shall issue CCW law, a compromise on car carry, but their open carry ban and assault weapons ban and some other laws were upheld. Fast forward a few years and Denver modified their assault weapons ban by allowing the ownership of the said firearm, but limited the capacity of the magazines to 20 rounds.
07-01-2011, 10:03
Ronin13

Thanks for that info Storm... So as I understand it, and of course I'm smart enough to know by letting a LEO root through my car with consent but no grounds is a very bad thing, I CAN have my AR with 30-rnd mags driving through Denver as I'm not a resident of the city or county, but there is a chance, and again, if my judgement lapses or whatever and I'm dumb enough to consent to a search, I could be hooked and charged. Well, I do not consent to any searches. Good thing my boss/dad golfs with a lawyer who has a pretty good team backing him up. "If you don't consent to a search, and they do so anyway, they violated the law. Anything recovered in said illegal search is inadmissible in court. If they find an illegally obtained, full auto, AK-47 with a 100 round drum they cannot enter it into evidence as it was located during an illegal search and they have to return it to you." -Lawyer.
07-01-2011, 10:34
Ranger

Let's see, I live in Denver and have about 65 30 round magazines for my AR, at least 12 13's for my Glock and a number of other bad things. Guess I'm going to be somebody's bitch soon :).
07-01-2011, 13:48
Clint45

Quote:

Originally Posted by Ronin13

Good thing my boss/dad golfs with a lawyer who has a pretty good team backing him up. "If you don't consent to a search, and they do so anyway, they violated the law. Anything recovered in said illegal search is inadmissible in court. If they find an illegally obtained, full auto, AK-47 with a 100 round drum they cannot enter it into evidence as it was located during an illegal search and they have to return it to you." -Lawyer.

He obviously is not a criminal defense attorney licensed to practice in federal court. What does he specialize in, estates and probate? Wow.
07-01-2011, 16:23
Tweety Bird

Yeah, the "illegally obtained, full auto, AK-47 with a 100 round drum" might not be admissible in court if it was in illegal search; but the gun still goes to the smelter. And that probably happens BEFORE the judge rules on whether it's admissible in your case.
07-01-2011, 18:51
RobertB

Quote:

Originally Posted by Ronin13

Thanks for that info Storm... So as I understand it, and of course I'm smart enough to know by letting a LEO root through my car with consent but no grounds is a very bad thing, I CAN have my AR with 30-rnd mags driving through Denver as I'm not a resident of the city or county, but there is a chance, and again, if my judgement lapses or whatever and I'm dumb enough to consent to a search, I could be hooked and charged. Well, I do not consent to any searches. Good thing my boss/dad golfs with a lawyer who has a pretty good team backing him up. "If you don't consent to a search, and they do so anyway, they violated the law. Anything recovered in said illegal search is inadmissible in court. If they find an illegally obtained, full auto, AK-47 with a 100 round drum they cannot enter it into evidence as it was located during an illegal search and they have to return it to you." -Lawyer.

They'd probably return it to you, notice it, then being in plain sight and all, arrest you, confiscate it, and smelt it after convicting you.
07-05-2011, 10:01
Ronin13

Quote:

Originally Posted by Tweety Bird

Yeah, the "illegally obtained, full auto, AK-47 with a 100 round drum" might not be admissible in court if it was in illegal search; but the gun still goes to the smelter. And that probably happens BEFORE the judge rules on whether it's admissible in your case.

Yeah, I thought that was a bit fishy, considering they don't let you keep illegal weapons. I think he was talking about a legally obtained weapon. But I did hear if you have your weapon confiscated you have to petition the court/county/city for it back and pay a fine or something... what's up with that?
07-05-2011, 10:25
TFOGGER

Quote:

Originally Posted by Storm

This is incorrect information, open carry in Denver is prohibited with or without a CCW Permit. See http://opencarry.org/co.html. If you OC in Denver, count on having a bad day or more likely a bad year.

In addition, car carry (having a firearm immediately accessible while operating a motor vehicle is) in Denver is also prohibited, unless you have a CCW permit that is valid in the state of Colorado.

As far as the "Assault Weapons/20 round mag limit" law in Denver, you are ok if you are traveling through Denver but do not reside there. However, if stopped by DPD, I would not inform the LEO that I have a long gun w/ mags in the trunk. You do have a 4th Amendment right to privacy and a 5th Amendment right not to have to incriminate yourself. By Colorado law all long guns transported in a vehicle must be (essentially) locked up in the trunk without a round in the chamber.

A Little History Here:
Back a few years ago the legislature and Gov. Owens passed the Firearms Preemption bill which stated that no municipality or sub-government within the state could have firearms laws more restrictive than state law. Thus, giving the state govt. authority over firearms law in Colorado. At the time Denver had some rather restrictive firearms laws, some of which were may issue CCW, no open carry, no car carry, and an assault weapons ban amongst others. Denver sued the state over the preemption law in Denver District Court and essentially won the case. The state appealed the case to the Colorado Supreme Court. By the time the case got to the SC, the Solicitor General of the state (Colorado's state lawyer) at the time of the original case had been appointed to the SC. She recused herself as she had argued the initial case. This left essentially a 3/3 split on the court, a compromised was reached in which, IIRC, Denver was forced to abide by the State shall issue CCW law, a compromise on car carry, but their open carry ban and assault weapons ban and some other laws were upheld. Fast forward a few years and Denver modified their assault weapons ban by allowing the ownership of the said firearm, but limited the capacity of the magazines to 20 rounds.

Car carry is legal in Denver, with or without a CCW permit.

Quote:

Originally Posted by RMGO/Meyers Decision

See C.R.S. 18-12-204
(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or

(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.
and the 2004 Meyers Decision, which states:
"Given the State's detailed regulatory scheme for concealed carry of handguns, I find and conclude that the portion of DRMC 38-117(f)(2) which reads "while traveling into or through the city to or from another jurisdiction, regardless of the number of times the person stops in the city or the other jurisdiction" is in conflict with state law and is preempted by state law. Further, I find that DRMC §38-11 8(a)(1) is in conflict with state law where it includes the phrase "when there is a direct and immediate threat thereto." In all other respects, the City's ordinances, as amended, do not conflict with state law in this area and may coexist with state law."

The Meyers Decision hosed Denver residents by allowing Denver to retain the Assault Weapons Ban, but the car carry/shall issue/safe transport stuff came out in favor of the gun owner.

Also note, Pistol magazines are NOT covered by the ban(unless inserted into a rifle, for example 33 round Glock mags in a Keltec).
07-07-2011, 20:36
Storm

Quote:

Originally Posted by TFOGGER

Car carry is legal in Denver, with or without a CCW permit.

The Meyers Decision hosed Denver residents by allowing Denver to retain the Assault Weapons Ban, but the car carry/shall issue/safe transport stuff came out in favor of the gun owner.

Also note, Pistol magazines are NOT covered by the ban(unless inserted into a rifle, for example 33 round Glock mags in a Keltec).

Thanks for the correction.

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