I travel to CO enough that I got my TX CHL specifically so that I would be able to carry in CO. I only had a FL non-resident permit prior to that and CO requires your CC permit to be a "resident" permit for reciprocity. That said, I am not a lawyer and this is not legal advice, just my opinion...The Annoyed Man wrote:So, does Colorado still have a preemption law, or is it only "invalid" in Denver? And on what basis did Denver win this lawsuit?
I have not been able to find anything in Colorado law that would allow any local law to override State laws on concealed carry. Colorado law DOES allow local law to ban OPEN carry.
Colorado CC Laws (note: if you try to search the Lexis/Nexis database you need to use IE. FF doesn't work)
http://www.colorado.gov/cs/Satellite/CD ... 1622199820" onclick="window.open(this.href);return false;
http://www.lexisnexis.com/hottopics/Colorado/" onclick="window.open(this.href);return false;
Specifically:
[note: "Part 2" refers to the CO CC Permit law which is CO 18 Article 12 Part 218-12-214. Authority granted by permit - carrying restrictions
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
and...
and ....29-11.7-101. Legislative declaration
......
(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:
(a) The regulation of firearms is a matter of statewide concern;
(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.
And finally.....29-11.7-104. Regulation - carrying - posting
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.
The one exception that I'm aware of is Denver's ban on the sale of certain types of weapons. This was upheld by the State Supreme Court in 2006.18-4-201. Definitions
(3) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. <snipped>
http://www.sddt.com/News/article.cfm?So ... 200606051s" onclick="window.open(this.href);return false;
If I was in that theater I would have been carrying. I still assume, based on my reading of Colorado law, that CC in that theater would have been perfectly legal for me to do, unless and until I am asked to leave by management.
Again.... I am not a lawyer, this is not legal advice.
