Colorado: "Officials worry gun bill could trump city's laws"

[cuchulainn]

from the Ft. Collin Coloradoan

http://www.coloradoan.com/news/stories/20030221/news/1030644.html

News - Friday, February 21, 2003

Officials worry gun bill could trump city's laws

By MATTHEW BENSON
[email protected]

A gun measure awaiting final approval from the state Senate would allow Fort Collins and other communities to regulate firearms as long as they do not try to prohibit them.
Senate Bill 25 also would wipe out all current local concealed weapons laws, forcing communities to start over.

The measure has raised concern among Fort Collins officials who say it could trump the city's ability to write its own gun regulations.

"I think we're concerned with the core issue of local pre-emption," said Mark Radtke, the city's legislative affairs coordinator. "We believe that our city is fully capable of making those determinations (with regard to local gun laws)."

The measure under Senate consideration would bar local governments from passing any law that prohibits the sale, purchase or possession of a firearm that a person could lawfully possess under state or federal law.

Federal laws that ban guns in federal facilities and airports would remain in effect. Existing statewide gun laws would be intact as well, including Colorado's regulations against guns on school grounds or the state Capitol.

The bill's Republican sponsor, Sen. Jim Dyer of Littleton, has said the measure would eliminate the confusing patchwork of gun regulations between communities and counties. Federal and state laws already cover problems addressed by municipal laws, such as the law in Vail that prohibits possession of automatic weapons.

"I think the Legislature has a duty to act on it as a statewide interest," Dyer said.

Larimer County Sheriff Jim Alderden said he's "completely in support of the bill" and added that Colorado needs statewide uniformity both for the issuance of concealed weapons permits and their carry.

"It has been a long time coming," he said.

Under current state law, counties can have their own concealed weapons laws. Every county except Denver allows residents to carry concealed handguns if they pass a background check and obtain a permit. Denver prohibits the carrying of concealed guns.

Fort Collins Mayor Ray Martinez said he opposes the state stepping into the city's business when it comes to gun regulations. The city currently has one ordinance that's distinct from state law -- a measure that prohibits the discharge of firearms within city limits.

"If (the Senate proposal) prohibits us from not allowing a person to discharge a firearm in public, that's a real concern for us," Martinez said.

The bill received preliminary approval Wednesday through a voice vote, but it did not go to a final vote Thursday in the Senate.

Originally published Friday, February 21, 2003

Copyright ©2003 The Fort Collins Coloradoan. All rights reserved.

 

[El Tejon]

Go, Red, go. Pre-emption is sorely needed in Red. I have never seen a state that can be so pro-gun and so anti-gun in cities right down the road from each other.

 

[Patch]

Having lived in Denver for many years....I doubt very much they will idly sit by and not fight against the Bill....Denver generally has the attitude that they are a State unto themselves and can do as they please and pretty much figure the "State" statutes are for the other guy (city).

 

[Standing Wolf]

Denver is part of Colorado. Colorado isn't part of Denver.

 

[Tropical Z]

Unfortunately,denver disagrees!!

 

[Blackhawk]

Senate Bill 25 also would wipe out all current local concealed weapons laws, forcing communities to start over.

One of its many benefits, and another is making CO gun laws uniform throughout the state.

 

[Patch]

____________________________________________________

Denver is apart of Colorado, Colorado is not apart of Denver
____________________________________________________

However much one may want to believe that is true in its totality, under "home-rule" law, Denver, like all cities in Colorado may separtate themselves from the State in many ways and enact laws that are contrary to state statutes. It was one of the biggest battles people (citizens and law enforcement) have found themselves caught in on the belief that "Denver is apart of Colorado....Colorado is not apart of Denver"...and they generally lose because of "home-rule" law.

 

[Zundfolge]

I'm watching this one closely.

The thing that worries me is that if we win this one will it cost us the war, because right now I live in El Paso county, which for all intents and purposes is a "shall issue" county.

If the antis, commies and other undesirables in Denver get the upper hand they could easily make state laws against CCW and then El Paso county won't have "home rule" to fall back on.


I'd like to see state wide Shall Issue CCW, but not if it will risk CCW for the rest of us.

As it is, I'm happy just avoiding Denver all together.

 

[stevesmith7]

Could someone set me straight on on this.
I was under the impression that under current law my
El Paso CCW permit allowed me to carry anywhere in the
state, including Denver. Am I wrong?
Steve

 

[Hkmp5sd]

Getting rid of individual county and city gun laws was the primary goal of the CCW law in Florida. Each county and city could issue their own carry licenses, implement bans and pass things like waiting periods and taxes. One county license didn't work in another county. A city LEO that lived outside the city limits couldn't carry his firearm offduty without a county permit.

It's just plain stupid not to have a state wide preemption on local firearm laws.

 

[Zak Smith]

Steve,

Denver has its own municipal code which outlaws carry unless you have one of "their" carry permits (for Denver). It is my understanding that if you did, you would be fine by state law but breaking Denver's ordinance.

Whether or not its enforced against someone with a valid CO CCW, I don't know. I've heard different reports from various people.

regards
Zak

 

[Standing Wolf]

I was told by a local sheriff's deputy that although my county-issued permit to carry concealed hand guns is valid throughout the state of Colorado, the police in Denver could and most probably would arrest me for carrying in their city.

Home rule is a good thing—but it's being abused to deprive law-abiding American citizens of our civil rights.

 

[Morgan]

DPD will not arrest you for carrying if you have a valid CCW.

Trust me.

 

[Zak Smith]

Morgan,

Thanks for the info.

-z

 

[labgrade]

stevesmith7,

Yup, any CO CCW permit supercedes any local law (except for the exceptions) but too, be aware that some issuing locales (El Paso, fer example) doesn't "allow" for CCW in schools (which is specifically allowed by state law 18-12-105.5 as a specific example) .... it gets convoluted = we're dyslexic here & one reason I'd like to see a uniformed state law BUT with the status quo - why take a step back as with Chlouber's bill. .... & ?

By all accounts, any issued CO CCW license is good to go in Denver, & anywhere else.

I've one from Larimer County & it's good to go (with zip restrictions per state law), BUT, I may run into a municipality problem in Co Springs re carrying in a 'Springs local park .... there's hidden stuff.

Give me a day or two+ & I'll post a link to CO municipalities' local regs, etc. for local twigs to bend ....

Zundfolge,

Be careful what you buy into.

El Paso is (was - I haven't kept up to date). but they did have a restriction of school carrty which is opposed to the already stated CO statutes. Rhetorical, but - why restrict El Paso residents to what CO statutes already allow?

Still, CRS 18-12-105.5 already allows CCW in schools w/permit & I'd suspect that there has yet to be any incidence where a legal CCW-holder has improperly used a weapon.

Why "The Push," from a Repub-Guv to remove this "freedom?"

Geez! (Governor) Bill (Ownes). Why are you so apt to make sure already proven law-abidings can't carry in schools? (as they have done since the law was signed)

To All:

"Home rule" is all well & good - EXCEPT when it conflicts with the state's constitution. We do still have that, no?

Their "home rule" has nothing to do with your freedoms, et al, but moreso to do with more control over you.

"Home rule" is fine when The State attempts further control, but not so good when it attempts its own furtherance of control over you.

There's a huge difference.

More freedom is wonderful - furtherance of control, local or not, sucks.

For a state constitution that doesn't allow for anything CCW, we really do have one of the best (least restricted through statutes) CCW. CO is truly dyslexic regards CCW. Sheriffs can issue to state statutes, but municipalities can further restrict ..... & too, so can the issuing Sheriffs through their own requirements.

Too strange.