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Castle Rock M&G question for OC

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Keens

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May 9, 2011
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298
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Do you mean the Franktown M&G this Sat? The Castle Rock M&G is on hold for a later date due to scheduling conflicts.

Rob is correct on pre-emption.

Keens
 

Torquemaster69

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Location
Joplin, Missouri
I'm just one of those that if I hear about something that I don't expect.....I want confirmation on whether it is true or not. ROFL....call it my Army training
 

M-Taliesin

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I'm just one of those that if I hear about something that I don't expect.....I want confirmation on whether it is true or not. ROFL....call it my Army training

PREEMPTION!!!

The whole subject of various municipal codes is IRRELEVANT!!!!!
How many times must it be said..... the LAW is PREEMPTION!
Nothing else matters, when the question has already been answered repeatedly.

Once more.... with feelings!!!! Hopefully it won't need to be posted in every single thread!!!

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.

And:

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.

Now, practice your new mantra. Repeat without ceasing....
PREEMPTION!!!!

Blessings,
M-Taliesin
 

PikesPeakMtnMan

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Oct 16, 2008
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425
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M, I feel EXACTLY like you do...but we must be tolerant of the newbies who come here seeking advice. If we weren't rehashing old topics over and over ad nasuem then we'd have a pretty quiet forum. I know you know this...but this happens on every single forum there is, regardless of topic. My motorcycle forums, for example, are constantly telling new people to use the search function because there are already hundreds of threads covering the exactt question just asked.

We're going to have another newbie tomorrow asking if it's okay to OC in such-and-such a town or if a particular sign is valid...and we'll answer him respectfully...as well as the next one after than, and the next, and the next, and the....
 

M-Taliesin

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Messages
1,504
Location
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M, I feel EXACTLY like you do...but we must be tolerant of the newbies who come here seeking advice.

Howdy PPMM!
That ain't preciseley the point.
When we answer the same question, for the same people, repeatedly, only to see continued posting of municipal codes, it gets pretty pointless to give the correct answer at all, if it only goes ignored.

There are people on the forum who are asking questions. I don't have a problem with that. When the question is answered, but ignored, and answered again, and ignored, it starts to feel more like an attention mechanism than an actual request for information.

I am not pointing my finger at any specific individual. I've seen the same question repeatedly from specific individuals who just can't seem to accept the right answer.

When that happens, yeah, I get frustrated. I would like to do more positive work than rehash the same material over and over for the same questioner.

Blessings,
M-Taliesin
 

Wolfstanus

Regular Member
Joined
Jul 13, 2012
Messages
126
Location
Colorado springs
That's why they invented slim fast. So you can eat a stake dinner and not even worry about gaining weight.

That's how it works right?
 

nkunnen

Regular Member
Joined
May 13, 2012
Messages
67
Location
Aurora co
PREEMPTION!!!

The whole subject of various municipal codes is IRRELEVANT!!!!!
How many times must it be said..... the LAW is PREEMPTION!
Nothing else matters, when the question has already been answered repeatedly.

Once more.... with feelings!!!! Hopefully it won't need to be posted in every single thread!!!

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.

And:

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.

Now, practice your new mantra. Repeat without ceasing....
PREEMPTION!!!!

Blessings,
M-Taliesin


Can you explain it one more time for me? LOL
 

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Howdy Folks!
The Colorado Revised Statutes is the scheme of laws that, when violated by a citizen, result in arrest and a trip to jail.
Here we are talking about a violation of a citizen's right by sworn officers who arrested him for no such violation of Colorado Revised Statutes.
Meanwhile, the arresting officers violated Colorado Revised Statutes:
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.

Yes, they can be sued... if the citizen who had his rights violated has pockets deep enough to file suit.
Why is it not also a criminal liability issue as well?
If cops can put an innocent citizen in jail who has not violated Colorado Revised Statutes,
Why is it citizens cannot cause the cops who did violate Colorado Revised Statutes to walk free without jail time?

Something is wrong here, and I believe may need addressed with a ballot issue to fix it.

Blessings,
M-Taliesin
 
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wmodavis

Regular Member
Joined
Apr 25, 2012
Messages
109
Location
CO
Lets have the preemption documentation by M-T made into a sticky so we can all find and refer to it often. It needs to be posted in many obvious places! It is important!
 
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O2HeN2

Regular Member
Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
Why is it citizens cannot cause the cops who did violate Colorado Revised Statutes to walk free without jail time?
Because if you read the preemption law (for example), nowhere does it state "A violation will be a class III <whatever>, punishable by a maximum jail sentence of <whatever>".

This, in my opinion, is one problem with current legislation aimed at governments -- legislation aimed at you and me carries fines and/or jail time. Legislation aimed at governments, well, they seem to always seem to forget the punishment part...

O2
 

Madrid

New member
Joined
Aug 18, 2012
Messages
1
Location
Colorado
Howdy PPMM!
That ain't preciseley the point.
When we answer the same question, for the same people, repeatedly, only to see continued posting of municipal codes, it gets pretty pointless to give the correct answer at all, if it only goes ignored.

There are people on the forum who are asking questions. I don't have a problem with that. When the question is answered, but ignored, and answered again, and ignored, it starts to feel more like an attention mechanism than an actual request for information.

I am not pointing my finger at any specific individual. I've seen the same question repeatedly from specific individuals who just can't seem to accept the right answer.

When that happens, yeah, I get frustrated. I would like to do more positive work than rehash the same material over and over for the same questioner.

Blessings,
M-Taliesin

I was searching for info about Castle Rock, and came across this thread.

I seriously don't understand why this is a black and white issue. Why?
Denver won its lawsuit. Preemption failed.
 
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