Quote:
On November 5, 2004, Denver District Court Judge Joseph Meyer granted declaratory and injunctive relief to the City with regard to several ordinances and portions of ordinances. However, the court also found that state law renders some of Denver's ordinances and portions of ordinances invalid. Id.
In making its ruling, the court determined, on a case-by-case basis, whether each ordinance at issue addressed a matter of local concern, statewide concern, or mixed local and statewide concern. The court determined that Denver's ordinances regulating the open carrying of firearms, assault weapons and Saturday night specials, and the open carrying of firearms in city parks involve matters of local concern and enjoined the state from enforcing its preemption laws against the City in these areas. Id.
The overturning was done by a Denvery City/County court judge, and the state Supreme Court deadlocked 3-3 whether to grant review (a pro-gun justice recused him/herself for some reason - or maybe there was a vacancy at the time? I forget), so the the lower ruling, overturning portions of the state law, was allowed to stand.