insidedenver.com/drmn/local/article/0,1299,DRMN_15_3174072,00.htmlPower struggle brewing on guns
Denver and state in tug of war over regulating weapons
By Kevin Vaughan And Todd Hartman, Rocky Mountain News
September 11, 2004
Monday's expiration of a federal ban on assault weapons will plunge Denver into uncharted territory, highlighting the city's court fight with the legislature on the question of who has the power to regulate guns.
At issue is whether the city can enforce its own assault weapons ban, which predated the federal law by five years, in the wake of state legislation passed in 2003 that, on its face, shot the Denver ordinance down.
Denver officials believe they can, and they have filed suit alleging that the state law violates the city's power to govern itself under the home-rule provisions of the Colorado Constitution.
So after the so-called Brady Law expires Monday, what happens to people found carrying weapons banned by Denver's law?
It depends, said Assistant City Attorney David Broadwell.
Police officers will be encouraged to issue a citation under state law if they can. Colorado law currently bans machine guns and silencers.
But will officers file charges if they encounter someone who is carrying one of the 33 weapons or other accessories - such as high-capacity magazines - banned by Denver's 1989 law?
"We may or may not - it's almost a situational thing," Broadwell said. "If we find an egregious enough violation, if we find somebody with a large number of high-capacity clips, which is one of the things the ordinance prohibits, we're going to cite them."
Tim Twining, chief deputy district attorney in Denver, said he expects a spike in the number of crimes committed with assault weapons.
But gun shop owners are less sure. Several said they have sensed only scattered interest in the end of the ban.
Scottie Jewell, owner of Scottie's Guns & Militaria in Denver, said customers already can legally buy high-capacity magazines manufactured before the ban because the industry, in anticipation of the ban, cranked out millions of them.
"I've got hundreds of them here, and I've had them," Jewell said. "The (ban) is all B.S."
Ray Emerson, a salesman at Dave's Guns in Arapahoe County, said he's received just a few calls about the availability of assault weapons or related accessories.