39-9 Firearms and Weapons prohibited

[hahan3]

My brother was charged with "39-9 Firearms and Weapons prohibited" for shooting a shotgun up in the mountains. He didn't realize that he couldn't posses/fire a weapon at that location, but was still given a ticket after someone called the sheriff's department. The sheriff took the shotgun and shells and told him that he can get them back once he finishes with the court.

His record is clean. No prior charges besides a few traffic violations. The shotgun was bought in his name at the gun show.

I was wondering if anyone knew what the penalty might be (jail, fine)?

[MTBWolf]

Found this in an older thread, hope this helps; also look for this post "Denver Mountain Parks" dated 06-29-2008

Sec. 39-9. Firearms and weapons prohibited.
(a)It shall be unlawful for any person, other than authorized personnel, to possess, display, flourish, or discharge any firearm within any park, parkway, mountain park or other recreational facility. (b)It shall be unlawful for any person, other than authorized personnel, to possess, display, or flourish any weapon within any park, parkway, mountain park or other recreational facility. A "weapon" shall be defined as any item listed in section 38-117(a) of the Revised Municipal Code. (c)It shall not be an offense under subsection (a) of this section to possess a firearm within any park, parkway, mountain park, or other recreational facility if: (1)The weapon involved was a handgun and the person holds a valid permit or a temporary emergency permit to carry a concealed handgun issued pursuant to state law and is otherwise carrying the handgun in conformance with any applicable state or local law; or (2)The person is carrying the weapon within a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another person's person or property, and the person is otherwise lawfully in possession of the weapon. If the weapon is a firearm being transported for hunting, it shall be unloaded while being carried within the private automobile or other private means of conveyance.
http://www.municode.com/resources/ga...0257&sid=6

MTBWolf

[Shadetreezj]

Go to Denver muni code here http://library.municode.com/index.aspx?clientId=10257

Surf down through the index on left to section 39, and open it up.

Click on article 1 and open it up

Click section 39-1.

read down to 39-1-b and hover on the link.

The pop up window explains the fines.

In short for a section 39 (Parks) fine, up to $999 and 1 year in jail.

Hope this help, even if its not what you want to hear.

[zach]

My brother was charged with "39-9 Firearms and Weapons prohibited" for shooting a shotgun up in the mountains. He didn't realize that he couldn't posses/fire a weapon at that location, but was still given a ticket after someone called the sheriff's department. The sheriff took the shotgun and shells and told him that he can get them back once he finishes with the court.

His record is clean. No prior charges besides a few traffic violations. The shotgun was bought in his name at the gun show.

I was wondering if anyone knew what the penalty might be (jail, fine)?

Private property, Nat'l Forest, State land? Who owned the property he was shooting on? He was charged with 39-9, but was he in Park & Rec property?

[hahan3]

Private property, Nat'l Forest, State land? Who owned the property he was shooting on? He was charged with 39-9, but was he in Park & Rec property?

The charge is 39-9(a) and he was in the Genesee Park.

[leadvegas]

The charge is 39-9(a) and he was in the Genesee Park.

Genesee Mtn Park is owned by the city of Denver. How does a city property in another city/county work?

[hahan3]

Genesee Mtn Park is owned by the city of Denver. How does a city property in another city/county work?

I'm not really sure. Maybe someone have seen a familiar case and can share the outcome?

[mahkagari]

In short for a section 39 (Parks) fine, up to $999 and 1 year in jail.

Is that a felony?

[Deserteagle8338]

Hopefully he learns to research where he shoots before he goes there. Shooting at a park is bad bad bad, especially when its owned by Denver. A few minutes on google maps and a little research goes a long way.

[Shadetreezj]

Is that a felony?

Got me. It is pretty vague speaking to felony or misdemeanor. I'm not a lawyer, and have not found a clear definition.

Section 1-13 (General penalty listed earlier. 1 yr/ $999 max) is governed by;


31-16-101. Ordinance powers - penalty

(1) The governing body of each municipality has power to provide for enforcement of ordinances adopted by it by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

See also; Colorado adult sentencing law here -----> http://www.colorado.gov/cs/Satellite...&ssbinary=true Although I don't think that this would pertain to a city park offense

Edit;

Nevermind all of that. Look at the back of your ticket. A copy of one is here http://www.denvergov.org/Portals/626...%203.12.12.pdf Read the back, its a civil penalty that is grouped together with 'climbing on red rocks', and 'sledding, ice skating, and tubing'. He simply violated a Denver code of having a weapon on city park land.

The fine should have been listed on the face of the ticket. If not, a case could be made that your brother did not have 30 days from the date of issuance of the citation to when payment is due as stated on the reverse of the ticket. (If this was even the style of ticket he received)

[hahan3]

Got me. It is pretty vague speaking to felony or misdemeanor. I'm not a lawyer, and have not found a clear definition.

Section 1-13 (General penalty listed earlier. 1 yr/ $999 max) is governed by;


31-16-101. Ordinance powers - penalty

(1) The governing body of each municipality has power to provide for enforcement of ordinances adopted by it by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

See also; Colorado adult sentencing law here -----> http://www.colorado.gov/cs/Satellite...&ssbinary=true Although I don't think that this would pertain to a city park offense

Edit;

Nevermind all of that. Look at the back of your ticket. A copy of one is here http://www.denvergov.org/Portals/626...%203.12.12.pdf Read the back, its a civil penalty that is grouped together with 'climbing on red rocks', and 'sledding, ice skating, and tubing'. He simply violated a Denver code of having a weapon on city park land.

The fine should have been listed on the face of the ticket. If not, a case could be made that your brother did not have 30 days from the date of issuance of the citation to when payment is due as stated on the reverse of the ticket. (If this was even the style of ticket he received)

He received a different ticket. It's a yellow copy that reads "General Sessions Summons and Complaint" on the top. There's no fine listed on the ticket so he has to appear in court.

So is this considered as a felony? Should he get an attorney?

[Bellum_Intus]

He received a different ticket. It's a yellow copy that reads "General Sessions Summons and Complaint" on the top. There's no fine listed on the ticket so he has to appear in court.

So is this considered as a felony? Should he get an attorney?

If it was a felony, he'd have been arrested.
Yes, he should still get an attorney as you can be jailed for municipal violations.

It "appears" to be a municipal complaint, one above a petty offense.

--Rob

[Shadetreezj]

Instead of getting all worried over it through the weekend, and planning the tunnel dig to Canada, just plan on giving the number on the ticket a call bright and early, and see where you (He) stands.

Easier said than done, I know.

Let us know what the phone call reveals.

[Shadetreezj]

What did you find out??

[hahan3]

What did you find out??

Well, he tried calling the court a few days ago. The clerk told him that the file is already in the courtroom and she can't see if there are any notes that the sheriff wrote on the ticket.

When she was looking up the case, she told him that they filed it under traffic offences. She said that it looks like it's a municipal code violation and it doesn't look like there will be jail time but not to take her word for it and that it could all depend on a judge. He was told not to worry and just show up to court and see what type of deal they can offer him. She said that typically there's just a small fine for those type of tickets.

I guess we will find out on the 13th. I'll let you know what happens.....

[Saxxon]

Denver, like a metastasizing cancer, owns property outside it's city limits. Up in Winter Park for instance, and Red Rocks Amphitheatre in Jefferson County.

This should be challenged under statewide pre-emption as well since again, it creates a patchwork effect where people can wind up committing a "crime" simply by traveling doing what is legal everywhere else.

[hahan3]

Called him today after the court.....He paid $146 in court fees, needs to take a class "Making better choices" for $80 and has a unsupervised probation for a year. If he behaves good and doesn't get charged with any other offences (minor traffic are ok) for a year, the charge will be dropped and his record stays clear.

I think he got off pretty good. Oh, and they took the shotgun ($350 down the drain....).

[JamesB]

Called him today after the court.....He paid $146 in court fees, needs to take a class "Making better choices" for $80 and has a unsupervised probation for a year. If he behaves good and doesn't get charged with any other offences (minor traffic are ok) for a year, the charge will be dropped and his record stays clear.

I think he got off pretty good. Oh, and they took the shotgun ($350 down the drain....).

Nice. I mean i was reading that and untill I got to the last line, I was like, "Damn that's a better deal than my last speeding ticket."

[mahkagari]

I think he got off pretty good. Oh, and they took the shotgun ($350 down the drain....).

Like gone gone? That sucks.