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  1. #1
    Varmiteer
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    Default HB 1224 vs Denver AWB

    Does anyone know what the deal is with these two ?

    I know that Denver won their case 2-2 over a home rule exemption (talk about a technicality - heh) so they could restrict mags to 20 rounds.

    But now with HB 1224, the limit is 15. So... which wins 15 or 20 ?

    My guess is the 15 rnd limit applies but, if the state cannot overrule Denver on its awb do to "home rule", then how can the state impose a 15 round limit in Denver city/county ?

  2. #2
    Machine Gunner
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    Quote Originally Posted by lowbeyond View Post
    Does anyone know what the deal is with these two ?

    I know that Denver won their case 2-2 over a home rule exemption (talk about a technicality - heh) so they could restrict mags to 20 rounds.

    But now with HB 1224, the limit is 15. So... which wins 15 or 20 ?

    My guess is the 15 rnd limit applies but, if the state cannot overrule Denver on its awb do to "home rule", then how can the state impose a 15 round limit in Denver city/county ?
    You will likely see Denver modify their ordinance to 10 or 15. I am guessing 10 since they are a bunch of assholes.
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  3. #3
    Varmiteer
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    heh. probably.

    but i wonder what political subdivisions in CO could due under the home rule precedent to foul up 1224 and other bills...

  4. #4
    Zombie Slayer Zundfolge's Avatar
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    So, if Denver can write its own AWB rule and limit magazines how it sees fit, can some city like say Colorado Springs write a law saying you can own full capacity magazines? Could city and county governments nullify the magazine ban under Home Rule?
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  5. #5
    Grand Master Know It All OneGuy67's Avatar
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    As a smaller governmental entity than the state, they can be more restrictive than state law, but not less restrictive.
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  6. #6
    Machine Gunner Circuits's Avatar
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    Quote Originally Posted by OneGuy67 View Post
    As a smaller governmental entity than the state, they can be more restrictive than state law, but not less restrictive.
    No, they can be less restrictive - just the tighter of overlapping restrictions applies where the two are both in effect. Denver completely removing their AW ban would not overturn the state ban within Denver liimits. Denver tightening theirs more than the state will create a fresh challenge for a CO supreme court revisit, so they won't do that, either.
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  7. #7
    Grand Master Know It All OneGuy67's Avatar
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    I'm going to disagree with you, my friend. As an example, in a relatively similar fashion, as MJ is legal in the state now, local governments can enact laws to restrict it in their jurisdictions. Thus, be more restrictive.
    “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.

  8. #8
    Sig Fantastic Ronin13's Avatar
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    Quote Originally Posted by OneGuy67 View Post
    I'm going to disagree with you, my friend. As an example, in a relatively similar fashion, as MJ is legal in the state now, local governments can enact laws to restrict it in their jurisdictions. Thus, be more restrictive.
    To expand on this idea- currently some municipalities/counties are allowed to restrict the sale (via dispensary) of MMJ. They still, after 64 is fully regulated and integrated, will be allowed to have an outright ban of commercial sale. So... in closing, OneGuy is correct.
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  9. #9
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  10. #10
    Machine Gunner Circuits's Avatar
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    Quote Originally Posted by OneGuy67 View Post
    I'm going to disagree with you, my friend. As an example, in a relatively similar fashion, as MJ is legal in the state now, local governments can enact laws to restrict it in their jurisdictions. Thus, be more restrictive.
    It's OK to disagree with me, I just think you're wrong here, as you think I'm wrong. We may yet get to find out which of us is right - if Denver goes further retarded!
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