City of Lakewood, Firearms Laws...

[gnihcraes]

was looking for some information and thought I would post up the city of Lakewood's laws from their website... I found my answer in the text below...

9.70.020 Unlawfully carrying a concealed weapon.
A. It is unlawful for any person to knowingly carry a knife or firearm concealed on or about his person.
B. It shall be an affirmative defense that the defendant was:
1. A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying;
2. A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to Section 18-12-105.1, C.R.S. to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or
3. A peace officer who is allowed by Section 18-12-105, C.R.S. to carry a concealed weapon.
C. As used herein, "knife" means any dagger, dirk, knife, or stiletto with a blade over three and-one-half inches in length, or any dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife which is being carried for sports use. The blade includes the entire edge beyond the knife handle, regardless of whether it is serrated. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense. (Ord. O-2004-35 § 7, 2004; Ord. O-2000-44 § 6, 2000; Ord. O-97-13 § 15, 1997; Ord. O-87-27 § 12, 1987; Ord. O-74-1 § 1 (part), 1974).

9.70.025 Unlawfully carrying a concealed weapon in private vehicle.
A. It is unlawful for any person to knowingly carry a knife or firearm concealed on or about his person while in a private automobile or other private means of conveyance. It shall not be an offense under this section if the defendant was:
1. A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying;
2. Carrying a weapon for lawful protection of such person's or another's person or property while traveling;
3. A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to Section 18-12-105.1, C.R.S. to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or
4. A peace officer who is allowed by Section 18-12-105, C.R.S. to carry a concealed weapon.
B. As used herein, "knife" means any dagger, dirk, knife, or stiletto with a blade over three and-one-half inches in length, or any dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife which is being carried for sports use. The blade includes the entire edge beyond the knife handle, regardless of whether it is serrated. The issue that a knife is a hunting or fishing knife must be raised an affirmative defense. (Ord. O-2004-35 § 8, 2004; Ord. O-2000-44 § 7, 2000).

9.70.030 Illegal weapons-Unlawful to possess or use.
A. It is unlawful for any person to knowingly possess, conceal or cause to be concealed in any vehicle, or to use, any blackjack, gravity knife, multifixed bladed stellate throwing knife, switchblade knife or brass or metallic knuckles.
B. Nothing in this section shall apply to a peace officer who is allowed by Section 18-12-105, C.R.S. to carry a concealed weapon. (Ord. O-87-27 § 13, 1987; Ord. O-77-16 § 6, 1977; Ord. O-74-1 § 1 (part), 1974).

9.70.040 Firearms-Unlawful to discharge.
It is unlawful for any person, other than a peace officer or a member of the armed forces of the United States or the Colorado National Guard acting in lawful discharge of his duties, to discharge or cause to be discharged any firearm within or into the limits of the city; provided, however, that this section shall not apply to persons discharging firearms in shooting galleries or at shooting ranges, where such firearms may be discharged so as not to endanger persons or property and the projectile or projectiles from such firearms are prevented from traversing any grounds or space outside the limits of such gallery or range, or to the discharge of a firearm in lawful defense of person or property when the use of deadly physical force is allowed under Title 18, Article 1, Part 7 of the Colorado Criminal Code, C.R.S; further provided, however, that this section shall not apply to any activity which is a felony under state law. (Ord. O-94-33 § 38, 1994; Ord. O-87-27 § 14, 1987; Ord. O-74-1 § 1 (part), 1974).

9.70.050 Deadly weapon-Unlawful to display, brandish or flourish.
A. It is unlawful for any person to display, brandish or flourish a deadly weapon in a manner calculated to alarm or for any person to knowingly and without lawful excuse, justification, or purpose to aim or point a firearm at another person; provided, however, that the provisions of this section shall not apply to any situation that constitutes a felony under state law.
B. Nothing herein shall apply to peace officers or members of the Colorado National Guard or armed forces of the United States acting in lawful discharge of their duties. (Ord. O-97-13 § 16, 1997; Ord. O-87-27 § 15, 1987; Ord. O-74-1 § 1 (part), 1974).

9.70.060 Deadly or illegal weapons-Confiscation and disposition thereof.
It shall be the duty of every police officer or agent, upon making any arrest and seizing a weapon carried or used in violation of any provisions of this chapter, to keep and place the same in such place of safekeeping as may be directed by the Chief of Police until the final determination of the prosecution for the offense or any offense in the prosecution of which such weapon may be evidence. Upon entry of a formal judgment of guilt, the Chief of Police or his designee, shall make such disposition of such weapon as may be ordered by the municipal court or other court having jurisdiction, and in the absence of such order, such disposition shall be as provided by Chapter 9.02 or by law. (Ord. O-94-33 § 39, 1994; Ord. O-74-1 § 1 (part), 1974).

9.70.070 Deadly weapons-Unlawful to carry where vinous, spirituous or malt liquors sold.
A. It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where malt, vinous or spirituous liquors are sold for consumption on the premises.
B. The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable Colorado or federal law to carry such weapon concealed, or to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. (Ord. O-74-1 § 1 (part), 1974).

[Irving]

The part about carrying in a car is written in a confusing manner. I don't see how it can be illegal to carry "concealed" in your own car with the way the law is written.

[DOC]

Its reason enough to pull you over in lakewood if you are on your motorcycle. Happened to my Brother. Detective in the Denver Police. He was told to keep his hands on the grip or he would get shot. Later they seen his ID and let him go. How great it would be to have "your papers" at the right time.

[Bailey Guns]

Sounds like the Lakewood muni ordinances mirror and/or comply with state law for the most part.

[SA Friday]

Sounds like the Lakewood muni ordinances mirror and/or comply with state law for the most part.

Ya, that's what I was thinking too.

[gnihcraes]

i like the parts where it says...

A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to Section 18-12-105.1, C.R.S. to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county;

I had concerns about where I was carrying last night and thought I should look it up.

So it's pretty much a go anywhere then. I did see another recent document that they are trying to edit/update the laws concerning Lakewood Rec.Centers and the like, and thought I'd send it over to RMGO and see if they have any input on it.

I'll try to find that document and post it up here too...

[gnihcraes]

Here is the latest memo on their website, not sure if anything further has been done with this.

http://www.lakewood.org/citycouncil/...arkrecmemo.pdf

July 20, 2009
Firearms

During the 2003 legislative session, the General Assembly passed Senate Bills 03-24 and 03-25. Both bills were signed into law by Governor Owens. Senate Bill 03-24 declared the regulation of concealed handguns to be a matter of statewide concern, while Senate Bill 03-25 declared the entire field of the regulation of firearms to be a matter of statewide concern and specifically prohibited certain forms of local regulation. The new laws prohibited cities from passing ordinances or enforcing current ordinances that restrict such things as where firearms could be possessed.

On a challenge filed by the City and County of Denver, the District Court upheld certain Denver ordinances regulating firearms (prohibiting the possession of assault weapons and the sale of Saturday night specials, and regulating the open carrying and safe storage of firearms), but struck down those Denver ordinances that regulated the carrying of firearms in motor vehicles without a permit, the furnishing of firearms to minors, and the carrying of handguns with a permit in city parks as being preempted by state law. The decision was appealed to the Colorado Supreme Court, which voted 3-3 on the matter (one justice had recused herself from the vote). Because of the “tie” vote, the District Court’s ruling stayed in place and bound the parties to the case (i.e., Denver), but the decision has no precedential value. Therefore, it does not bind any other individuals or government entities, and it does not preempt the state from enforcing its laws in the rest of the state.

As a result of this court ruling, Lakewood’s ordinances concerning the possession of weapons in city parks and facilities are not being enforced by Lakewood agents and must be updated. For example, Section 9.32.350, Unlawful possession of weapons – Parks, community centers, and recreational facilities, conflicts with state law in that it prohibits the possession of any firearm in a community center or recreational facility even when the firearm is possessed by a person with a concealed handgun permit.

Senate Bill 03-24 states at Section 18-12-214 (4), C.R.S. that a person with a concealed handgun permit may carry a concealed handgun into a public building unless (a) security personnel and electronic weapons screening devices are permanently in place at each public entrance to the building; and (b) security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind. Because such security screening measures are in place at the Lakewood Public Safety Center, persons with concealed handgun permits are banned from bringing a concealed handgun into that building. However, no other city facility has such security screening and therefore state law allows any person with a valid concealed handgun permit to bring a concealed handgun into recreation facilities, community centers and other city buildings.

Note that state law allows cities to prohibit the open carrying of a firearm in city facilities. All city parks and facilities are posted with signs at the public entrances that inform visitors that the open carrying of firearms is prohibited. The proposed amendments would make it clear that it is illegal to openly carry firearms in city parks or facilities.

[KFinn]

I guess the only difference I saw was that in Lakewood you cannot carry into an establishment that has alcohol on hand. Whereas I thought the state law was that you could carry as long as it wasn't specifically a bar or the bar in a restaurant.

Does my memory have the facts wrong?

[gnihcraes]

I guess the only difference I saw was that in Lakewood you cannot carry into an establishment that has alcohol on hand. Whereas I thought the state law was that you could carry as long as it wasn't specifically a bar or the bar in a restaurant.

Does my memory have the facts wrong?

9.70.070 Deadly weapons-Unlawful to carry where vinous, spirituous or malt liquors sold.
A. It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where malt, vinous or spirituous liquors are sold for consumption on the premises.
B. The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable Colorado or federal law to carry such weapon concealed, or to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. (Ord. O-74-1 § 1 (part), 1974).

I believe this answers the question.

[KFinn]

Can I ask a favor....

Can you teach me how to fish? What are the links you go to for CO and City Laws that you so quickly can find, copy and paste this info? How do you search within the sites? or what key words do you use?