The 15 round limit would override Denver's ordinance in this case, as the state statute preempts.
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The 15 round limit would override Denver's ordinance in this case, as the state statute preempts.
Sayonara
Let us hope not, but to further the discussion, if Denver decided to enact a ban to 10 rounds, wouldn't that be more restrictive than state law? While Spqrzilla is correct that state statute preempts, county and municipal ordinance can be more restrictive than state statute.Originally Posted by Circuits
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
I think the gist is this: A City ordinance can be either more or less restrictive than the state statute, but in the case of being less restrictive, the state statute would prevail. Nothing in current law would prevent Denver from making their ordinance more restrictive than the state law, but if they don't, then the state law would apply in any case.
Light a fire for a man, and he'll be warm for a day, light a man on fire, and he'll be warm for the rest of his life...
Discussion is an exchange of intelligence. Argument is an exchange of
ignorance. Ever found a liberal that you can have a discussion with?
You've got it right on the nose, TFogger!
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
§ 29-11.7-101. Legislative declaration
(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.
§ 18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles
(2)
(a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
§ 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.
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
What is my joy if all hands, even the unclean, can reach into it? What is my wisdom, if even the fools can dictate to me? What is my freedom, if all creatures, even the botched and impotent, are my masters? What is my life, if I am but to bow, to agree and to obey?
-- Ayn Rand, Anthem (Chapter 11)
In which case they would run newly afoul of the 2003 state pre-emption law, subject to a new lawsuit by either the state or an interested party. While Denver's ban remains the same, they get to keep their deadlock COSC/affirmative lower court ruling. A new change to either the state pre-emption law, or to Denver's statute would make the issue ripe for a revisit.
TFogger: The state pre-emption law actually does prevent localities from being more restrictive than the state as regards firearms. Denver won an issue-specific ruling on their home-rule AW ban, not a general exemption.
My $0.02 at least.
"The only real difference between the men and the boys, is the number and size, and cost of their toys."
NRA Life, GOA Life, SAF Life, CSSA Life, NRA Certified Instructor Circuits' Feedback
Welcome to we are f@#Ked
YOU ARE COMPLACENT !! DO YOU VOTE ? MAKE CALLS ? OR DO YOU JUST HIDE AND TAKE IT ? THEN YOU WANT TO BE A PATHETIC COMPLAINER AFTER THE FACT! HIDE IN THE SHADOWS TURN AWAY AND SOON THE GIFT WILL BE ....TYRANNY!!!
nah, Welcome to Denver will turn into a big shit hole, it has been sliding that direction they are just ensuring it will get worse, as well as my continued avoidance of Denver proper as a whole. Though Denver Bullets will still get my business most the rest of Denver can piss right off.
Quis custodiet ipsos custodes?
Malo periculosam, libertatem quam quietam servitutem. --TJ
You are fu....
i have not seen this discussed, i will admit that i have not read every post on the subject, but the misdemeanor part of this ban seems to have everyone thinking that it is innocuous
There are several types of misdemeanor charges that will cause you to fail a background check. Domestic violence for example... I am not positive about Colorado, but my father was LEO for 40 years in AZ. A second degree misdemeanor weapons charge will get you on the no gun side of the law.
This little 2nd degree misdemeanor is as insidious as it gets. I am almost 100 positive that it will cause you to lose your gun rights just as effectively as a felony.
Self control: The minds ability to override the body's urge to beat the living sh.. out of some ass.... who desperately deserves it.
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
Thomas Jefferson
Obama, so full of crap it is a miracle Air Force One can even get off the ground,
So does that mean that > 20 rnd mags are now legal in denver if they were bought pre July 1 ?
*shrug* i donno. But it does seem odd that with conflicting statutes that there can be a one from column A and one from column B type deal.
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