Just Wondering

As a firearm owner for 50+ years and a cc permit holder, I've carried for many years as an oc on the western slope. Now that I live in the Greater Denver Metro area, I fear to oc since my job is very conservative.

Along with reading the forums and other bits and pieces gleaned from the internet, I have just one question. That is, why not have a state initiative to place the "right" to open carry on the Colorado Constitution? By doing this, the "open carry" restrictions in Denver and other cities would be overturned and rendered moot since state law is superior to municipality law.

Look at 64............now we have rec pot. Why can't we do the same with open carry?

The right is already in our Constitution. Denver challenged the state on the issue of open carry based on "home rule law" and won on a split vote.

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Essentially it would amount to an initiative to add ", dammit!" to Article 2 section 13.

If they can ignore Art 2 Sect 13, they can and will ignore a constitutional amendment telling them they aren't allowed to ignore it, too.

This means you!

Well most of the time.....maybe.

http://www.jasonstilwell.com/articles/dissertation/ch_2_muni_hr_in_colo.pdf

Beau said:

The right is already in our Constitution. Denver challenged the state on the issue of open carry based on "home rule law" and won on a split vote.

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That's what I'm talking about. Put it in plain language, pure and simple, so that there is NO way to restrict, including home rule.

DEMONSLAYER said:

That's what I'm talking about. Put it in plain language, pure and simple, so that there is NO way to restrict, including home rule.

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"Section 13. Right to bear arms. The right of no person to keep and bear arms ... shall be called in question;"

That's pretty damn plain. the ellipsis just covers what he might want to do with the arms.

If you were to add language saying "and home rule municipalities can't ban open carry" then some asswipe would use that to decide it was okay for county commissions to do it, since they *weren't* specifically excluded from doing so.

You don't appear understand the bottomless ability of lawyers to twist language and rationalize whatever the fucque they want.

DEMONSLAYER said:

That's what I'm talking about. Put it in plain language, pure and simple, so that there is NO way to restrict, including home rule.

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Removing home rule in the constitution is another option. I never liked home rule anyway. I'd vote for such an amendment (whenever I could).

The Dillon Rule should always reign supreme over all municipalities.
http://en.wikipedia.org/wiki/Home_rule_in_the_United_States

Well, prohibition of concealed carry by any local (read "not state") government entity is illegal. All you'd really need to do is add language to that that includes open carry. Can't say I'd have much confidence that it would pass, but it should be pretty straight forward.


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Michaelpthompso said:

Well, prohibition of concealed carry by any local (read "not state") government entity is illegal. All you'd really need to do is add language to that that includes open carry. Can't say I'd have much confidence that it would pass, but it should be pretty straight forward.


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What would it take to start an initiative to place Open Carry on the state ballot?

Michaelpthompso said:

Well, prohibition of concealed carry by any local (read "not state") government entity is illegal. All you'd really need to do is add language to that that includes open carry. Can't say I'd have much confidence that it would pass, but it should be pretty straight forward.


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This is misleading. Open Carry prohibitions are legal in CO providing they follow the prescribed method explained in the law. That is:

CRS 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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Colorado's state pre-emption is misquoted all the time. It's not blanket pre-emption. It mainly applies to concealed carry and traveling in a car. It's not 100% when it comes to Open Carry. At best it's "hybrid."

As for a state wide initiative, ask the 64 people. They'll tell if they still remember...