Q's on the Denver AWB

[Tamren]

I'll be moving out to Lakewood this July in order to attend the gun smithing program at the Colorado School of Trades. I was doing a little research on Colorado and Nebraska gun laws, and noticed the Denver had an Assault Weapon Ban. From what I understand, Lakewood is a suburb of Denver, so would it fall under the AWB? I grew up as a small town Iowa boy, so I'll sheepishly admit to being a little fuzzy on the concept of Suburb, and the exact legal relationship between a sub and a parent city....

From what I read, this makes it illegal to own a black rifle that holds more then 20 rounds? So, if I were to just get some extra magazines that held 20 rounds and left any 30+ round mags in Iowa with my dad, I'd be ok?

I'm also curious how this would affect owning a Saigia 12, I'd be ok with the 5 round mags, but not if I brought any 10 rounders?

There's also an odd little clause that transporting said weapons is ok, as long as it's for a legit purchase and the weapons are unloaded. While we're on the subject of Colorado gun laws, how do the weapon transportation laws work?

Not that I own either weapon at this time, but I plan on having an AR-15 Carbine by this summer and would like to have a Saigia 12 before the next election. Thanks in advance for any feedback, I don't understand legalise very well, and the sights I've been to have been a little confusing.

 

[Zundfolge]

The Denver AWB only applies to the city and county of Denver (which are one in the same), so Lakewood is free like the rest of Colorado.

Lakewood is in Jefferson County.

Also, Denver's AWB only really applies to people that live in Denver, people driving through are fine (just keep any evil assault weapons unloaded and in the trunk just to be safe).

 

[Fburgtx]

Someone please explain to me why local and state police forces/governments are not supposed to regulate/pass laws regarding immigration, but it is perfectly ok for them to pass gun laws restricting what types of gun you can own??? If the BATFE says it's legal, why shouldn't it be legal everywhere???

 

[Zundfolge]

Someone please explain to me why local and state police forces/governments are not supposed to regulate/pass laws regarding immigration, but it is perfectly ok for them to pass gun laws restricting what types of gun you can own??? If the BATFE says it's legal, why shouldn't it be legal everywhere???

Because we have a federalist system with 50 semi-sovereign states (each with their own constitution) not 50 provinces under the direct control of DC (although thats where we're headed)

 

[Junkyard Dog]

fburgtx

zundfolge is correct it is pretty much only in Denver. They filed
for and got what is called "home rule" The city of Denver can
basicly make their own laws and the Colorado Supreme Court
approved it. Whatever Denver wants to do they can pretty much
do. I think that zundfolge can confirm that.

 

[Zundfolge]

Whatever Denver wants to do they can pretty much do.

Not anything, there are limits.

Denver tried to ban CCW within its city/county limits and that was shot down by the state supreme court.

But basically they are using "Home Rule" as a pretext for their own AWB.


Keep in mind that the architect of Denver's AWB now lives in the Governor's Mansion so we need to keep an eye on him and his fellow Democrats and make sure they don't give us a state wide AWB (there are rumors that the Dems want to push a state wide AWB, .50BMG ban, Safe Storage law and microstamping this year. I hope they go for it as it will spell their doom in November).

 

[Junkyard Dog]

Zundfolge

I did not know about the CCW and that Ritter was behind the Denver
AWB thanks for the info. I worry that Colorado will become Colofornia
since so many seem to be coming here. At work we have discussed
Bill Ritter and he is referred to as Al Gore lite

 

[ether]

Read the notes at the top of this page:

http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/denver_ordinance.txt

It would appear the Colorado Supreme Court found that 38-130(b)(1) did not define an assault weapon. Additionally, it appears that they found 38-130(h) (the section where guns are banned by name) might be unconstitutionally vague.

Compare that page to this one updated as of November 2007:

http://rmgo.org/faq/DenverOrd.shtml

The 2 sections noted at the top of the first site are missing in this one and are simply marked "Reserved".

Can any lawyers explain what "reserved" means? Does it mean the previous language has been stricken from the law or the decision on the constitutionality of the language is pending? Without that language, it would appear the only rifles actually being banned are semi-auto centerfire rifles with magazines that hold 21 or more rounds. Hmmmmmmmmm.

 

[ether]

Looks like I was right...the only semi-auto centerfire rifles that are banned are those with magazines that hold 21 or more rounds. That means you can have a Colt AR-15 as long as you only have 20 round mags for it. Scroll down to "Assault Weapons" or just click the link to it:

http://rmgo.org/faq/