Do you have a link? As you can tell from the flavor of my posts here, that I am learning the rules of the road. I'm sure that there are other in the same fog as I am.
Mike
Howdy Mike!
Here you go amigo!
CRS 29-11.7-103. Regulation - type of firearm - prohibited.
A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
29-11.7-101. Legislative declaration.
(1) The general assembly hereby finds that:
...
(b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;
...
(d) There exists a widespread inconsistency among jurisdictions within the state with regard to firearms regulations;
(e) This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;
(f) Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;
...
(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.
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.
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So, with preemption language as it exists, I would suggest that this gentleman's rights have been violated and therefore is actionable in court.
Local ordiance or municipal codes are preempted (with the exception of city/county of Denver. Long story there, other threads already exist on that.
My personal opinion is that the city of Thornton is about to get sued the snot out of. I am not an attorney, but suspect things will go badly for Thornton, along with the folks who run that theater and their parent company.
Blessings,
M-Taliesin
