Carry in Denver - restrictions?


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PTK
April 27, 2008, 03:00 AM
A friend recently invited me to go to Denver with her. I know that certain things are restricted there, such as open carry, but are there any restrictions on what I may carry concealed?

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DouglasW
April 27, 2008, 03:29 AM
Hi PTK:

short answer: No, if you are permitted (http://cbi.state.co.us/ccw/) to carry a concealed weapon in Colorado, you may carry it concealed in Denver too.

IIRC, the law was changed in 2003 (when the state went shall-issue) prohibiting any cities (e.g. Denver, Boulder) from enforcing firearm regulations different than the state laws. Check RMGO (http://www.rmgo.org/faq/) for their FAQs on concealed carry, but other than open-carry (which I've heard can get you cited under disturbing the peace) the laws on carrying are the same in Denver as they are in the rest of the state.

Denver's ban on possessing (rifle) magazines greater than 20 rounds and semi-auto shotguns that hold more than 6 rounds was upheld, however, so be sure to leave your 30-rounder AR mags and SPAS-15 shotgun at home ;)

Have fun!

PTK
April 27, 2008, 03:42 AM
Looks like my daily carry (FN USG 5.7) is good to go, then.

coloradokevin
April 27, 2008, 05:40 AM
PTK,

Douglas already provided you with the correct answer, but I thought I'd second that by saying that, yes, you absolutely can carry in the city and county of Denver if you are CCW legal elsewhere (and, likewise, other statewide restrictions are applicable).

Also, I've linked to this before, but here is the ruling by Judge Meyer that determined a lot of this stuff (concealed carry, open carry, "assault" weapons, etc). It all really comes back to this "home rule" thing we have going in Colorado... But, the short answer is that you are good to go on concealed carry!

http://www.courts.state.co.us/exec/media/cases/03cv3809order.pdf

Kind of Blued
April 27, 2008, 06:25 AM
I knew the answer to the question posed in this thread, but this, quite honestly, suprised me.

Denver's ban on possessing (rifle) magazines greater than 20 rounds and semi-auto shotguns that hold more than 6 rounds was upheld, however, so be sure to leave your 30-rounder AR mags and SPAS-15 shotgun at home

What?!?!?!

I'd benefit from a discussion on how a city can legally enforce a law such as this.

There exists a litany of sensible questions in regard to such a law, such as "Why is my full-auto 1918 B.A.R. in my trunk legal and my semi-auto Ruger 10/22 with a 25 round magazine illegal?". If nothing else, I would appreciate some assistance in digging up some info on the aforementioned law.

coloradokevin
April 27, 2008, 03:53 PM
MDeviney,

Check out that link I provided in my above post.

Colorado is a bit complicated due to a "home rule" provision in the state's constitution. As best I can explain it, from my understanding, "home rule" allows cities to control all law making on issues primarily of local concern (as opposed to the typical idea that Federal can preempt state, and state can preempt local law).

So, anyway, based on "home rule" Denver argued in court (in 2003) that their more restrictive laws (on CCW, Assault weapons, open carry, etc) were permisible due to home rule... Essentially, they argued that these were matters of local concern.

The state argued that these were issues of statewide concern, and thus that home rule would not apply (that is, that the state had preemption power on this issue).

Judge Meyer made this rulling, and it was a split decision in favor of the state on some issues (concealed carry, carry in vehicles, etc) and in favor of Denver on some issues (open carry, assault weapons).

Personally, I'm not a fan of home rule. It makes for these types of ridiculous complications, and paves the way for too many pointless legal battles. I was also baffled by it when I first moved to Colorado, as my previous state had no such provision for allowing the city to overrule the state!

Be sure to read the link that I provided above... It pretty much spells out that court ruling!

george_co
April 29, 2008, 06:24 PM
For your reading pleasure, here is an unsigned version of the Court Opinion regarding SB 24 & 25 vs Denver.

http://www.courts.state.co.us/exec/media/cases/03cv3809order.pdf

Have Fun!
George

Zundfolge
April 29, 2008, 06:36 PM
Personally, I'm not a fan of home rule.
Its a double edged sword ... back when the state was may issue, El Paso County (and a couple others) basically ran their own CCW programs as though it was shall issue. Home Rule allowed them to.

I certainly wouldn't want Denver politicians making all the rules for me down here in The Springs.

coloradokevin
April 30, 2008, 03:28 PM
Zundfolge,

I can agree that you don't want Denver politicians dictating CO Spgs law.

But, at the state level, the state is more accepting of guns than the local municipalities, in my experience.

Standing Wolf
April 30, 2008, 04:45 PM
But, at the state level, the state is more accepting of guns than the local municipalities, in my experience.

Yep. The state needs a preemption law with teeth.

The "home rule" legislation includes the provision that cities may extend, but not constrict rights. Denver's exception to the state's weak preemption law is a flagrant perversion of everything about "home rule." It needs to be refought in the legislature and the courts.

Erik
April 30, 2008, 08:49 PM
Folks carrying into Denver: Just be aware that allowing carriers has been a bitter pill for Denver to swollow and it is far from a carry friendly place. Mind your Ps and Qs whiel there, not that you wouldn't anyway.

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