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Thread: what is the law WRT Aurora calamity?

  1. #1
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    what is the law WRT Aurora calamity?

    First off, condolences and prayers sent to all affected by the tragedy.

    I've heard many conflicting reports.

    Some folks are asserting that both OC and CC are prohibited in Aurora, is this true?
    What about carrying in posted areas? Here in the NV many movie theaters are posted, but it is only a misdo if you refuse to leave if asked.
    If they see you carrying they can ask you to leave, if you leave after being asked there is no penalty associated with carrying.

    Thanks for taking the time to straighten this out for me, I talk to a lot of people and strive for accuracy.

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    Quote Originally Posted by chrsjhnsn View Post
    First off, condolences and prayers sent to all affected by the tragedy.

    I've heard many conflicting reports.

    Some folks are asserting that both OC and CC are prohibited in Aurora, is this true?
    What about carrying in posted areas? Here in the NV many movie theaters are posted, but it is only a misdo if you refuse to leave if asked.
    If they see you carrying they can ask you to leave, if you leave after being asked there is no penalty associated with carrying.

    Thanks for taking the time to straighten this out for me, I talk to a lot of people and strive for accuracy.
    Open carry and concealed carry are legal in Aurora. If you are asked to leave a business, you need to leave or get a trespassing ticket.

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    Regular Member mobiushky's Avatar
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    It also may help clear up confusion to know that cinemark's corp policy is no firearms at all. No OC/CC at all. It's not law, but you could be asked to leave.

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    thanks, there is so much misinformation out there right now.

    Some people are now saying the guy was Tea Party, and now I see people are calling him part of the black/block occupy people due to him wearing all black.

    Also Sean Hannity had a cop on his show that said hi cap drum mags were illegal under fed law.

    you folks in Colorado have a lot on your plate right now, thanks for taking the time to talk to me and God bless you.

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    Regular Member F350's Avatar
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    Can anyone confirm that the theater was posted? There is a letter to the editor that I need to write.

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    Regular Member rushcreek2's Avatar
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    My two grandsons age 20 & 18 were talking about attending the midnight showing in the Springs the other night.

    This tragedy has resonated throughout the country. I'm not a movie-goer because I don't like spending 2 hours inside of a sardine can.

    This could be a serious blow to the movie theater industry, and don't think for a minute the Islamic extremist elelment hasn't taken note of the enormous psycological impact this murderous act has had on the spine of our entire nation.

    That having been said - I will repeat my previously stated conviction that the only way the right to keep & bear arms will be preserved in the United States is for WE the armed citizens to begin to demonstrate the value of our presence in the public square.

    That 71 year old man in Florida in the internet cafe robbery attempt reacted instinctively without any hesitation within 5 seconds of the initiation of the robbery attempt. He turned the tables on the cockroaches before they had time to establish CONTROL OVER THE SITUATION- hence they were totally turned inside-out by his prompt reaction to the threat they presented.

    How does a person condition themselves to instinctively attack a threat such as the murderer in the Aurora CO theater ? I do not know. From what we have learned regarding the body armor- only a flying tackle of this murderous individual would have stopped him in his tracks.

    Depending upon the proximity of a given threat, it may take approximately 5-15 seconds for the average person to successfully process the mental input from the outset of that threat. Then the person's conditioning will determine whether they flee, or attack the threat. Every time one of these murderous events takes place we try to adapt a mind-set that will favor our survival in such a situtation. We will never know how we would react - until we do.

    I DO KNOW ONE THING. This type of mass carnage must be stopped. Somehow - someway.

    We have to look within ourselves for the answer as to HOW. I really don''t have an answer . Maybe YOU DO.
    Last edited by rushcreek2; 07-21-2012 at 05:40 PM.

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    Regular Member entartet17's Avatar
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    Quote Originally Posted by F350 View Post
    Can anyone confirm that the theater was posted? There is a letter to the editor that I need to write.
    I've been to that theater countless times and I have never seen it posted. That doesn't mean that it isn't but it certainly isn't posted in any obvious place. So, I don't think it's posted but cannot confirm.
    "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs of freedom" -- Garet Garrett, The Revolution Was (1938)

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    Regular Member Jay Jacobs's Avatar
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    I just looked it up, "no guns" signs in CO have no force of law unless posted on a building already mention in state or federal regulations as being off limits.

    Of course if OC you're likely going to be asked to leave. If CC they're not going to know to ask you to leave.



    And as usual in either case if asked to leave you have to or be guilty of criminal trespass.

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    Regular Member PikesPeakMtnMan's Avatar
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    Quote Originally Posted by Jay Jacobs View Post
    I just looked it up, "no guns" signs in CO have no force of law unless posted on a building already mention in state or federal regulations as being off limits.

    Of course if OC you're likely going to be asked to leave. If CC they're not going to know to ask you to leave.



    And as usual in either case if asked to leave you have to or be guilty of criminal trespass.
    ...in a nutshell
    One day your life is going to flash before your eyes, make it worth watching.

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    Thank you Rushcreek so stating some things that would appear to be obvious, but unless the sheeple allow us to protect ourselves and those that we are with, they will try to limit where we can carry. I have already stated that I am not certain what I would do in this situation, as natural instinct is to duck and cover, but maybe if more business allowed us to OC or CC then we may have the potential to prevent a situation from going out of control as evidenced in Florida at the internet cafe.

    With respect to the OP, Aurora is very much an approved OC area and although Chief Oates may not like it, he respects the rights of those that are traveling thru, or choose to visit his great city and OC. I would like to attend one of the vigil's in support of the community and I would of course like to OC, but I am afraid that it would be viewed in a negative manner, so I will likely avoid the situation.

    Godspeed,

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    this guy, while on our side- is apparently lying
    http://cnsnews.com/blog/ron-meyer/au...on-theater-had
    Drudge is reporting Aurora has strict gun control but it didn't work, I think the media can not tell the difference between a license to carry and the WRT someone with no license.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by chrsjhnsn View Post
    this guy, while on our side- is apparently lying
    http://cnsnews.com/blog/ron-meyer/au...on-theater-had
    Drudge is reporting Aurora has strict gun control but it didn't work, I think the media can not tell the difference between a license to carry and the WRT someone with no license.
    *sigh* ...
    All sides getting it wrong.. Denver county is the only 'controlled' county in the state, OC / CC is completely legal in Aurora. The movie theater did not allow carry.. but yeah..

    I saw a photo of an M-16 w/ a M203 GL on it and the question "should he have had access to this weapon and should we ban assault rifles" on a FOX news site in Denver...

    I typically don't reply to this crap, but I had to point out... he didn't have a flipping FA M-16 w/ a GL.. he had a varmint rifle - AR-15 AND.. we already had an assault weapon ban from 1994-2004 that didn't do squat.. of course.. nobody listened.. and ranted about taking firearms away from LAC's...

    Sheeple piss me off..

    --Rob
    Last edited by Bellum_Intus; 07-21-2012 at 08:58 PM.
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    Regular Member entartet17's Avatar
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    Quote Originally Posted by Jay Jacobs View Post
    I just looked it up, "no guns" signs in CO have no force of law unless posted on a building already mention in state or federal regulations as being off limits.

    Of course if OC you're likely going to be asked to leave. If CC they're not going to know to ask you to leave.
    This is true. However, Aurora opperates under the delusion that they can prohibit CC and OC in businesses that are posted "No Guns." From Aurora's municipal code:

    Sec. 94-152. - Firearms on private property.

    (a) It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.
    (b) It shall be unlawful for any person, carrying a firearm, to remain upon any private property of another or any building or property of a commercial establishment after such person has been given verbal notice that the carrying of firearms is prohibited on such property, building, or establishment.
    (c) Possession of a permit issued pursuant to C.R.S. 18-12-105.1, as it existed prior to repeal, or possession of a permit or temporary emergency permit issued pursuant to pt. 2 of art. 18 of tit. 9 of the Colorado Revised Statutes shall be no defense to a violation of this section.

    We've had this discussion on this forum before (so there's really no reason to bring all of that up again). It's obvious this provision violates state law (especially regarding restricting CC). But the fact is, you can be charged in Aurora if found in violation of this provision.
    "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs of freedom" -- Garet Garrett, The Revolution Was (1938)

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    Quote Originally Posted by chrsjhnsn View Post
    First off, condolences and prayers sent to all affected by the tragedy.

    I've heard many conflicting reports.

    Some folks are asserting that both OC and CC are prohibited in Aurora, is this true?
    What about carrying in posted areas? Here in the NV many movie theaters are posted, but it is only a misdo if you refuse to leave if asked.
    If they see you carrying they can ask you to leave, if you leave after being asked there is no penalty associated with carrying.

    Thanks for taking the time to straighten this out for me, I talk to a lot of people and strive for accuracy.
    Actually Third Degree Criminal Trespass is a Class 1 Petty offense unless it is on land zoned agricultural, then it is a misdemeanor

    18-4-504. Third degree criminal trespass.

    (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

    (2) Third degree criminal trespass is a class 1 petty offense, but:

    (a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

    (b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

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    Regular Member Jay Jacobs's Avatar
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    Quote Originally Posted by entartet17 View Post
    This is true. However, Aurora operates under the delusion that they can prohibit CC and OC in businesses that are posted "No Guns."...
    That I had not noticed, thanks. Assuming CO has state preemption, then I guess even if charged eventually you'd be cleared in court. (not that most would want to go through the hassle)

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    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by Jay Jacobs View Post
    I just looked it up, "no guns" signs in CO have no force of law unless posted on a building already mention in state or federal regulations as being off limits.
    Of course if OC you're likely going to be asked to leave. If CC they're not going to know to ask you to leave.
    Howdy Amigo!
    In this case, being asked to leave, and complying with that demand to leave, results in OC saving your life, where CC would not have changed much of anything apart from an opportunity to return fire. One more reason why OC is a valid preference. It could have saved a life by being denied access.

    Blessings,
    M-Taliesin

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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by entartet17 View Post
    This is true. However, Aurora opperates under the delusion that they can prohibit CC and OC in businesses that are posted "No Guns." From Aurora's municipal code:

    Sec. 94-152. - Firearms on private property.

    (a) It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.
    (b) It shall be unlawful for any person, carrying a firearm, to remain upon any private property of another or any building or property of a commercial establishment after such person has been given verbal notice that the carrying of firearms is prohibited on such property, building, or establishment.
    (c) Possession of a permit issued pursuant to C.R.S. 18-12-105.1, as it existed prior to repeal, or possession of a permit or temporary emergency permit issued pursuant to pt. 2 of art. 18 of tit. 9 of the Colorado Revised Statutes shall be no defense to a violation of this section.

    We've had this discussion on this forum before (so there's really no reason to bring all of that up again). It's obvious this provision violates state law (especially regarding restricting CC). But the fact is, you can be charged in Aurora if found in violation of this provision.
    The municipal laws are preempted, with respect to CC, by state law. The above is pure BS. With the single exception of OC in Denver County, no local government can have any law or code more restrictive than the state. And the state says CC is lawful with the single exception of metal detector at entrance to buildings.
    Last edited by Gunslinger; 07-22-2012 at 12:39 PM.
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  18. #18
    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by Gunslinger View Post
    The municipal laws are preempted, with respect to CC, by state law. The above is pure BS. With the single exception of OC in Denver County, no local government can have any law or code more restrictive than the state. And the state says CC is lawful with the single exception of metal detector at entrance to buildings.
    Howdy Gunslinger!
    Absolutely concur! Well said!

    Blessings,
    M-Taliesin

  19. #19
    Regular Member entartet17's Avatar
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    Quote Originally Posted by Jay Jacobs View Post
    That I had not noticed, thanks. Assuming CO has state preemption, then I guess even if charged eventually you'd be cleared in court. (not that most would want to go through the hassle)
    Exactly. I don't know of anyone who has ever been charged under this but if it went to court state preemption would overrule it. But it shouldn't ever have to come to that.

    Quote Originally Posted by Gunslinger View Post
    The municipal laws are preempted, with respect to CC, by state law. The above is pure BS. With the single exception of OC in Denver County, no local government can have any law or code more restrictive than the state. And the state says CC is lawful with the single exception of metal detector at entrance to buildings.
    I agree completely. It just shows what a bunch of morons are on Aurora's city council. When this was added back in 2010 did no one think, "Hey, maybe we should read the C.R.S. and see if we can even do this."
    "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs of freedom" -- Garet Garrett, The Revolution Was (1938)

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    Regular Member Jay Jacobs's Avatar
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    Quote Originally Posted by entartet17 View Post
    ...It just shows what a bunch of morons are on Aurora's city council...
    Yeah there's a lot of that going around it seems.

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    Quote Originally Posted by rushcreek2 View Post

    I DO KNOW ONE THING. This type of mass carnage must be stopped. Somehow - someway.

    .
    And please tell me how you think this one could have been avoided. The guy had no criminal record, and just decided to get on the news.

    These instances will happen again; I don't see the need for new gun control but for less.

    So if you had the full power to change things, what would you do rushcreek?

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    Regular Member Wolfstanus's Avatar
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    Why is it always a case of "he is known to be unstable" but nobody did anything to help or prevent or anything to him/her because "they would never hurt a fly" but they are quick to blame the tools he used.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by Wolfstanus View Post
    Why is it always a case of "he is known to be unstable" but nobody did anything to help or prevent or anything to him/her because "they would never hurt a fly" but they are quick to blame the tools he used.
    One positive I did hear out of Gov Hickenlooper .. He stated the gun control wouldn't have stopped the guy.. Shocking but true!

    http://www.businessweek.com/news/201...on-t-stop-evil

    --Rob
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