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Man arrested in Thorton for open carrying in Cine-bar movie theater

O2HeN2

O2HeN2

Regular Member
Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
kanekutter05 said:
Hey all! I've been away for awhile as I had to sell my gun for financial reasons. Just getting back into the swing of it and I saw this story over on the AR-15 forums. I really can't believe that many people who are for gun rights have that much hatred for OC. Check it out for yourselves...

http://www.ar-15.co/forums/showthread.php?t=58664
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Yhea, and I poked the hornet's nest, so if any of you are willing to give me a hand... :)

O2
 
M

McX

Guest
you ever notice how the 'fringe' has a problem with the 'shall not be infringed' part.
 
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mahkagari

Regular Member
Joined
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Messages
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, ,
Shadetreezj said:
"Warning! A fine of up to $1,000.00 and imprisonment up to one year may be levied on any person convicted of carrying or possessing any prohibited, or dangerous weapon, including knives with over 3½-inch blades, into or onto any liquor or beer licensed premises."

It would be a legitimate defense if the theater was not properly marked with the prescribed signage.
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Key word "prohibited". IANAL, but an OC'd firearm for legitimate self-defense is not listed anywhere as a prohibited or dangerous weapon. Moreover, he had a permit which makes possessing his firearm FAR from "prohibited".

"Once theater managers learned of the gun, they quickly evacuated several theaters in the building. About 30 people were affected."

30 people in "several" theaters? Slow business.
 
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Bellum_Intus

Bellum_Intus

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Joined
May 13, 2012
Messages
540
Location
Rush, Colorado
Keens said:
The comments on kdvr.com are getting heated.

I smell a lawsuit cookin' up!
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Yep.. and I finally have my appt to apply for my carry permit today lmao.. I'll OC until I get the the EPSO.. do my app, and OC all the way home.. :p

I am not getting involved in arguing with the people there who think that you need a law to be able to do something.. >.<

--Rob
 
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Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
Scotsman said:
Hey everybody, I heard about this on KHOW this morning as I was driving in to work.

http://www.denverpost.com/breakingn...sted-bringing-gun-into-thornton-movie-theater

Can someone better informed than I please comment on the specifics of what this guy did wrong? I am assuming that since the CineBar theater serves alcohol that this is where this guy tripped up with his open carry??? If so, this won't reflect well on the cause. I'm sure I and others could use clarification on any statutes that prohibit such a scenario... Anyone? Anyone? Bueller??? :confused:
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He violated Thornton Municipal code. State law preempts and renders such ordinances null, void, and unenforceable.

He broke no law whatsoever.
 
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scubabeme

Guest
If, as it sounds on its face, this is a preemption case, then this might be the case needed to put Denver in its place with a true decision from the state supreme court. Kinda hope he's a forum member, not merely a "lurker"--I might be convinced to chip in to help with legal expenses.
 
Polynikes

Polynikes

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Interesting question for those with more info than me. What potential impact could the fact that Thornton is a home rule city have on their ability to enforce this local ordinance?
 
M

mahkagari

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scubabeme said:
If, as it sounds on its face, this is a preemption case, then this might be the case needed to put Denver in its place with a true decision from the state supreme court. Kinda hope he's a forum member, not merely a "lurker"--I might be convinced to chip in to help with legal expenses.
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Thing is, he did not violate any law. There's conflicting reports of what he's charged with, but most they can throw at him is carrying to "cause alarm". That's a question of intent. He's going to have some expenses either way.
 
skidmark

skidmark

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Joined
Jan 15, 2007
Messages
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Valhalla
Scotsman said:
It would be cool to have a standard size business card available to carry in our wallets that:

1.) Cites the Co Constitution on the right to bear arms (openly)

2.) Cites the statute regarding state preemption

If this could be feasibly fit on to a standard sized business card I'd chip in to get it done! Or has this already been done and I just haven't looked in the right place?
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You folks might contact OCDO member Ed - he has done a 2-sided business card for Virginia. Contact info is:
For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)
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Once you get the general format down you can get some decent prices from on-line places like VistaPrint.

stay safe.
 
WalkingWolf

WalkingWolf

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Jul 31, 2011
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North Carolina
kanekutter05 said:
I'm glad you did, I was starting to feel alone in that forum. I just can't believe a bunch of 2A guys are that hostile to someone OCing...
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If they are hostile towards OC they are not 2A guys. The 2A states right to bear arms, not right to conceal, though most consider conceal as part of that right. Most states disagree because they issue privilege cards. Anybody that believes CC is a right should be insulted by a privilege card.
 
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Scotsman

Scotsman

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Joined
Jul 1, 2012
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Saudi Aurora
WalkingWolf said:
If they are hostile towards OC they are not 2A guys. The 2A states right to bear arms, not right to conceal, though most consider conceal as part of that right. Most states disagree because they issue privilege cards. Anybody that believes CC is a right should be insulted by a privilege card.
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I just spent some time over there reading through the comments and wow! While it may or may not have been in good taste depending on who you ask, it appears the guy didn't do anything illegal based upon the available information. I'm just not even sure what to think about anyone who would chastise another for doing something that is perfectly legal. I can appreciate both sides but at the end of the day this guy in Thornton didn't infringe on anyone's rights (to the best of my knowledge) and he got railroaded by "the man". In the final analysis this has the appearance of the jack-booted thugs violating this guy's right to self-defense. I hope he sues the $#(*@&# out of Thornton! :mad:
 
Scotsman

Scotsman

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Joined
Jul 1, 2012
Messages
65
Location
Saudi Aurora
Interesting side note to the AR15 web site.... here is the site owner's official statement about the Aurora shooting. Now realize the owner is NOT responsible for the comments made by member but none the less it is an interesting juxtaposition to the member comments....

http://www.ar-15.co/forums/announcement.php?f=89&a=12

At least the site owner acknowledges it was a nut that killed those people and not a gun. He seems to be be very pro 2A.
 
K

Keens

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Joined
May 9, 2011
Messages
298
Location
Colorado
Bellum_Intus said:
Yep.. and I finally have my appt to apply for my carry permit today lmao.. I'll OC until I get the the EPSO.. do my app, and OC all the way home.. :p

I am not getting involved in arguing with the people there who think that you need a law to be able to do something.. >.<

--Rob
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Yea I hear you. I'm not going to get involved in the arguments with the sheep on the news sites. It was just amazing reading what people had to say and how biased and misinformed they are. Even a majority of the folks on there who are pro-2A are misinformed. Pretty sad that a lot of Americans don't even understand gun rights.

Blessings,

Keens
 
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Shadetreezj

Campaign Veteran
Joined
Jul 23, 2012
Messages
59
Location
Denver
Doesn't get much clearer than this; Quote of Barnes (spokesperson for the police)........

"We are an open carry state," Barnes said. "We look at the open carry law and how it relates to this incident. He felt he was exercising his right to bear arms in an open carry state, and we are currently reviewing that with our prosecutors."
 
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