Municipal gun ban?

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Posted: 9/14/2004 11:40:51 AM EDT

I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

Posted: 9/14/2004 11:42:09 AM EDT

[#1]

Yes, until the state or a court tells them otherwise.

Posted: 9/14/2004 11:48:05 AM EDT

[#2]

Well what a bunch of shit!

Posted: 9/14/2004 11:50:27 AM EDT

[#3]

Isn't there somekind of state law or clause in the Colorado state constitution that forbids any municipality or city from enacting gun control?

Posted: 9/14/2004 11:53:30 AM EDT

[#4]

That's crap! It's like the city of San Francisco thinking that they can pass their own "laws" that conflict with the state's laws. That's what happens when big cities get too big for their britches and think that they are above the state. My city (which I work for) tried to get a right-of-way fee passed to collect tax money from businesses who use the ROW for their cables, pipes, etc. It passed, but was yanked before it began by the state. The state is THE LAW. It boggles my mind that these states are afraid to take on the cities.

Posted: 9/14/2004 11:59:38 AM EDT

[#5]

In the immortal words of Bob Seger, "Get outta Denver baby go!"

Posted: 9/14/2004 12:06:59 PM EDT

[#6]

Unlike the relationship between State and Federal law where a state can enact more stringent laws than the Fed (so long as they are constitutional) a city/county has no right to pass ANY laws unless the State .gov says it can.

Thanks for the heads up though. I was thinking about leaving CA for CO, and now I know to keep out of Denver.

Posted: 9/14/2004 12:20:53 PM EDT

[#7]

Before we moved from Fort Collins to Denver I called the PD. I informed them about the move and owned an AR. I asked them if there was some kind of permit I could get, the officer on the phone told me that he didnt think it would be a problem. As long as I didn't walk around outside with it. I think the Denver laws, like all laws, are to give officers a way to confiscate weapons from gang-bangers. It sounded like they do not make a big deal out of law-abiding ownership.

Of course it still makes me wonder what would happen if they had to come into the house for whatever reason and found it.

We ended up moving to a suburb, so I didnt have to worry about it.

Posted: 9/14/2004 12:27:01 PM EDT

[#8]

Quoted:
a city/county has no right to pass ANY laws unless the State .gov says it can.

A Municipality may enact an "Ordinance" to deal with almost anything as long as it is not unconstituional. i.e. "The City of Denver forbids anyone of non-anglo decent from residing within its city limits"

Our local city government has enacted Ordinances that deal with almost everything, from skateboarding on city streets, to open container (alcohol) Ordinances. The only stipulation is, the penalties for violating an Ordinace are much, much, less than violating state law. Something to the effect of, "Not to exceed a fine of $1,000 dollars, or 90 days in city jail". You cannot be sentenced to prison, or death for violating an ordinance.

Posted: 9/14/2004 12:33:28 PM EDT

[#9]

Quoted:
I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

No, Denver CANNOT ban your rifle.

This is from the NRA-ILA's website on Colorado gun laws:

Local governments may not enact any 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.

Colorado would be a nice state if the earth swallowed Denver and Boulder.

Posted: 9/14/2004 12:57:56 PM EDT

[#10]

Colorado would be a nice state if the earth swallowed Denver and Boulder.

+1

Spent twelve years in CO four of which were in Denver.

Posted: 9/14/2004 1:59:33 PM EDT

[#11]

Quoted:
Quoted:
I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

No, Denver CANNOT ban your rifle.

This is from the NRA-ILA's website on Colorado gun laws:

Local governments may not enact any 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.

I thought it worked something like that. Whether they can or not, there is a law on the books that bans them. Fuckers.

Posted: 9/14/2004 2:01:19 PM EDT

[#12]

Quoted:
In the immortal words of Bob Seger, "Get outta Denver baby go!"

Welcome to AR15.com; glad to have you here.

Posted: 9/14/2004 2:02:51 PM EDT

[#13]

Quoted:
Quoted:
Quoted:
I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

No, Denver CANNOT ban your rifle.

This is from the NRA-ILA's website on Colorado gun laws:

Local governments may not enact any 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.

I thought it worked something like that. Whether they can or not, there is a law on the books that bans them. Fuckers.

I don't think you understood what I said.

It matters not if Denver's ordinance is on the books or not. It is UNENFORCEABLE and VOID for the very same reason the Denver PD HAS to issue you a CO CCW license if you apply and qualify.

The Colorado State Legislature passed, and the Governor signed into law a bill that FORBIDS municipalities to outlaw the sale, possesion, or purchase of any firearm legal under state law.

Don't ask the Denver PD for a license. Don't even bother to worry about what they think, because they CANNOT TOUCH YOU.

Posted: 9/14/2004 2:03:04 PM EDT

[#14]

Quoted:
Before we moved from Fort Collins to Denver I called the PD. I informed them about the move and owned an AR. I asked them if there was some kind of permit I could get, the officer on the phone told me that he didnt think it would be a problem. As long as I didn't walk around outside with it. I think the Denver laws, like all laws, are to give officers a way to confiscate weapons from gang-bangers. It sounded like they do not make a big deal out of law-abiding ownership.

Of course it still makes me wonder what would happen if they had to come into the house for whatever reason and found it.

We ended up moving to a suburb, so I didnt have to worry about it.

The law says that they will confiscate and destroy the weapon, and that you can be fined $999 and spend up to 180 days in jail.

Posted: 9/14/2004 2:05:02 PM EDT

[#15]

Quoted:
Quoted:
Quoted:
Quoted:
I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

No, Denver CANNOT ban your rifle.

This is from the NRA-ILA's website on Colorado gun laws:

Local governments may not enact any 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.

I thought it worked something like that. Whether they can or not, there is a law on the books that bans them. Fuckers.

I don't think you understood what I said.

It matters not if Denver's ordinance is on the books or not. It is UNENFORCEABLE and VOID for the very same reason the Denver PD HAS to issue you a CO CCW license if you apply and qualify.

The Colorado State Legislature passed, and the Governor signed into law a bill that FORBIDS municipalities to outlaw the sale, possesion, or purchase of any firearm legal under state law.

Don't ask the Denver PD for a license. Don't even bother to worry about what they think, because they CANNOT TOUCH YOU.

Awesome! I am gonna browse the state statutes to try and find that law. If that is the case, shouldn't Denver be required to strike that law from the books?

Posted: 9/14/2004 2:06:31 PM EDT

[#16]

Quoted:
Unlike the relationship between State and Federal law where a state can enact more stringent laws than the Fed (so long as they are constitutional) a city/county has no right to pass ANY laws unless the State .gov says it can.

Thanks for the heads up though. I was thinking about leaving CA for CO, and now I know to keep out of Denver.

Apparently Denver's law is not legal, so come on over! Its a great city.

Posted: 9/14/2004 2:08:04 PM EDT

[#17]

Quoted:
Before we moved from Fort Collins to Denver I called the PD. I informed them about the move and owned an AR. I asked them if there was some kind of permit I could get, the officer on the phone told me that he didnt think it would be a problem. As long as I didn't walk around outside with it. I think the Denver laws, like all laws, are to give officers a way to confiscate weapons from ~~gang-bangers. It sounded like they do not make a big deal out of~~ law-abiding ownership.

Of course it still makes me wonder what would happen if they had to come into the house for whatever reason and found it.

We ended up moving to a suburb, so I didnt have to worry about it.

There, fixed it for you.

Posted: 9/14/2004 2:13:28 PM EDT

[#18]

Quoted:
Quoted:
I live in a more or less free state, but my city has a draconian gun ban in place that essentially bans all semi-autos. I know that the state has forced Denver to accept concealed carry, so can Denver still ban my rifles?

No, Denver CANNOT ban your rifle.

This is from the NRA-ILA's website on Colorado gun laws:

Local governments may not enact any 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.

Colorado would be a nice state if the earth swallowed Denver and Boulder.

www.webrary.org/ref/handgunchron.html

Local gun restrictions can be tougher than State laws in Illinois. They have failed to knock down Home Rule.

Quillici v. Morton Grove

BTW does anyone know how a Permit to Carry in New York City is good in the STATE but a State Permit is not good in the City of New York. That's how someone stated it so I'm just assuming that's the story.

Posted: 9/14/2004 2:27:51 PM EDT

[#19]

What has CSSA done for you?
CSSA helped draft and pass one of the best Concealed Carry Laws in the Country.

CSSA was the driving force behind the local firearms law preemption bill that knocked out many of Denver’s (and other municipalities) anti-firearms laws.

www.cssa.org/

Here's your Senate Bill 25, which went into effect on March 18th 2003.

Posted: 9/14/2004 2:32:19 PM EDT

[#20]

Quoted:
I don't think you understood what I said.

It matters not if Denver's ordinance is on the books or not. It is UNENFORCEABLE and VOID for the very same reason the Denver PD HAS to issue you a CO CCW license if you apply and qualify.

The Colorado State Legislature passed, and the Governor signed into law a bill that FORBIDS municipalities to outlaw the sale, possesion, or purchase of any firearm legal under state law.

Don't ask the Denver PD for a license. Don't even bother to worry about what they think, because they CANNOT TOUCH YOU.

Technically, they CAN touch you. The issue would be decided in the courts, but the cops COULD say "We have this city ordance, off to jail you go" and cart you away. Its the courts which decide the law, not the police.

Posted: 9/14/2004 2:45:13 PM EDT

[#21]

Do whatever the hell you want. How are they gonna know? And if they find out, get a good lawyer and sue them for wrongful arrest and theft of your lawful property. Just make sure you don't keep a real antique or a gun with some kind of senitmental value in the city limits.

Posted: 9/14/2004 4:26:39 PM EDT

[#22]

Quoted:
BTW does anyone know how a Permit to Carry in New York City is good in the STATE but a State Permit is not good in the City of New York. That's how someone stated it so I'm just assuming that's the story.

That's not a local law. The NYS Legislature wrote that restriction in the Penal Law that makes your permit null and void unless NYC grants you permission. The problem in NY and other states is there is no state preemption law that prevents local jurisdictions from passing more restrictive laws then the state. NYS law does not permit local jurisdictions to ban handguns but they can and do restrict when and where you can carry a concealed handgun.

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