DENVER - A divided Colorado Supreme Court on Monday upheld Denver's ban on assault weapons, despite arguments that state weapons laws should trump city ordinances.
The 3-3 vote, with one justice abstaining, ended a high-profile fight between Colorado's largest city and state officials over two state laws enacted in 2003 that pre-empted local regulation of firearms in favor of uniform state regulation.
The city sued the state, claiming the laws violated its rights to regulate matters of local concern.
Denver District Judge Joseph Meyer III ruled in 2004 that the city had to conform to some parts of the state laws, but he said the city could bar the sale of assault weapons and so-called Saturday night specials despite state laws prohibiting local governments from banning weapons that are otherwise legal under state and federal law.
Both the city and the state appealed Meyer's ruling.
The Supreme Court said that because of its tie vote, the lower court's ruling stands. It gave no legal opinion or analysis of the issues.
Source:
http://news.yahoo.com/s/ap/20060605/ap_on_re_us/denver_weapons_ban_1