Police Education

[Byte Stryke]

OK. You win. You obviously get punished more than anyone else ever will for making a mistake at work. Congratulations.

that's not what I said
but not going to let you suck me into the anti-cop thing...

keep paying them higher taxes though... because insurance is going up!
Start another thread complaining about how high taxes are

[BushMasterBoy]

I posted this article originally so that EVERYBODY that reads it can cite the law if in a similiar situation. These excerpts are pasted from Lexis/Nexis which claims to be the official publisher of Colorado Law. Why the state can not publish it own laws baffles me! These following laws concern local governments and what they can and cannot do;



Colorado Revised Staute 29-11.7-101. Legislative declaration

(1) The general assembly hereby finds that:

(a) Section 3 of article II of the state constitution, the article referred to as the state bill of rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties;

(b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;

(c) The general assembly recognizes a duty to protect and defend the fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1);

(d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations;

(e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;

(f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;

(g) This inconsistency places citizens in the position of not knowing when they may be violating the local laws and therefore being unable to avoid violating the law and becoming subject to criminal and other penalties.

(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:

(a) The regulation of firearms is a matter of statewide concern;

(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.


Colorado Revised Statute29-11.7-102. Firearms database - prohibited


(1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:

(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;

(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;

(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment



Colorado Revised Statutes 29-11.7-103. Regulation - type of firearm - prohibited

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.


Colorado Revised Statute 29-11.7-104. Regulation - carrying - posting

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

[10mm-man]

I posted this article originally so that EVERYBODY that reads it can cite the law if in a similiar situation. These excerpts are pasted from Lexis/Nexis which claims to be the official publisher of Colorado Law. Why the state can not publish it own laws baffles me! These following laws concern local governments and what they can and cannot do;



Colorado Revised Staute 29-11.7-101. Legislative declaration

(1) The general assembly hereby finds that:

(a) Section 3 of article II of the state constitution, the article referred to as the state bill of rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties;

(b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;

(c) The general assembly recognizes a duty to protect and defend the fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1);

(d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations;

(e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;

(f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;

(g) This inconsistency places citizens in the position of not knowing when they may be violating the local laws and therefore being unable to avoid violating the law and becoming subject to criminal and other penalties.

(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:

(a) The regulation of firearms is a matter of statewide concern;

(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.


Colorado Revised Statute29-11.7-102. Firearms database - prohibited


(1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:

(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;

(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;

(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment



Colorado Revised Statutes 29-11.7-103. Regulation - type of firearm - prohibited

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.


Colorado Revised Statute 29-11.7-104. Regulation - carrying - posting

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

In regards to the last part I thought posting of sings in parks was illegal as well. I remember reading (maybe here) about someone calling local jurisdictions complaining about there no guns policy was against state law. OC in this case....... And didn't a city in the mountains have to pay in a civil case for their rights being violated by two cops who hit the guy and tackled him for OC in a park??
Local jurisdiction was apologizing and removing said sign from parks. Maybe that's why the cheat sheet was out of date??? At one time it was legal but now it is not?

[cstone]

This story is about Mapes and the Thornton movie theater arrest. Since the story mentions that one of the issues Mapes' attorney will be filing for is to overturn the parks and buildings gun ban, I thought it fit with this thread.

Does anyone in the north metro area know Mapes? He lives in Northglenn, owns a gun, so I would imagine he would eventually find his way to BPTactical

http://www.denverpost.com/news/ci_21...eater-gun-case

"Robert B. Wareham of the Law Center in Highlands Ranch said the case "is bigger than Mr. Mapes" and that he will likely file a case in federal court arguing a violation of civil rights, and another in state court to challenge Thornton's existing ordinance banning guns from city parks, public buildings and posted areas, which he characterized as overly broad."

[BushMasterBoy]

In regards to the last part I thought posting of sings in parks was illegal as well. I remember reading (maybe here) about someone calling local jurisdictions complaining about there no guns policy was against state law. OC in this case....... And didn't a city in the mountains have to pay in a civil case for their rights being violated by two cops who hit the guy and tackled him for OC in a park??
Local jurisdiction was apologizing and removing said sign from parks. Maybe that's why the cheat sheet was out of date??? At one time it was legal but now it is not?

It is my interpretation, that if the property is "city owned" then they can regulate if firearms are allowed in that building or other area. If a city park sign says "No Firearms" then they can enforce it.

As for the case you mentioned about a "city in the mountains" I have never heard of it, but maybe another member of the forum knows something about it.

[WETWRKS]

I posted this article originally so that EVERYBODY that reads it can cite the law if in a similiar situation. These excerpts are pasted from Lexis/Nexis which claims to be the official publisher of Colorado Law. Why the state can not publish it own laws baffles me!

lexis/nexus is one of several companies that publish the state laws. The state could...but it would cost money.

Pretty much it all boils down to what the lawyer prefers. Some like one company, some another. Some like it in soft bound. Others want a nice hard bound. Some want a hard copy. Others are ok with doing it all on line.