Results 1 to 5 of 5

Thread: Define "Preemption"

  1. #1
    Regular Member Vader33's Avatar
    Join Date
    Jan 2013
    Location
    Littleton, CO
    Posts
    65

    Define "Preemption"

    As it refers to US law vs Colorado State and a Municipal law/ordinance.

    Because I are confused...what's the point in a county or municipality ordinance regarding OC, CC, or any other C if the 2A trumps it? And why is Denver City/County allowed to be different?


    Sent from my iPhone using Tapatalk
    Last edited by Vader33; 01-15-2013 at 07:35 AM.

  2. #2
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    I'm going to take a stab at answering your question without addressing Colorado law specifically, or the issue of infringement directly.

    Preemption eliminates a hodge-podge quilt-work of confusing gun laws within the borders of a state, and allows the citizens of the state to know and understand the law as they freely travel, rather than having to stop at the border between one municipality (city or county) and the next to check the laws and adjust their behavior before actually crossing that border. It eliminates the possibility of being declared a criminal in one locality for doing what was legal literally inches away in another locality.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  3. #3
    Regular Member Vader33's Avatar
    Join Date
    Jan 2013
    Location
    Littleton, CO
    Posts
    65

    Define "Preemption"

    Thanks Skidmark. Now if only the municipalities here would get it right we'll all be ok.


    Sent from my iPhone using Tapatalk

  4. #4
    Regular Member PikesPeakMtnMan's Avatar
    Join Date
    Oct 2008
    Location
    Colorado Springs, Colorado, USA
    Posts
    426
    Skidmark pretty much nailed the idea of preemption. Denver gets away with their violation because when the state loosened all the guns laws in 2003 Denver sued the state claiming that their home-rule status exempted them from state law and they could still make their own rules. The state supreme court upheld the decision simply because one of the judges had to recuse herself because she had argued the case in a lower court and this resulted in a split decision, leaving Denver's own alternate reality intact. It would take another court case to get anything to happen again and there is actually a case in the works now attempting to get Denver back in line (it's the top sticky so you can read the details there).
    One day your life is going to flash before your eyes, make it worth watching.

  5. #5
    Regular Member Vader33's Avatar
    Join Date
    Jan 2013
    Location
    Littleton, CO
    Posts
    65

    Define "Preemption"

    Thanks for the clarification. I don't want to beat a dead horse so unless anyone else has anything to add I'm going to leave this thread alone


    Sent from my iPhone using Tapatalk

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •