DocNTexas
Regular Member
imported post
Count wrote:
No, that is a misconception. Many believe that preempting prevents other cities from having ordinances against carry and that only Denver is exempt by the ruling they received from the state supreme court, but this is not the case.
The preemption law basically serves to give state laws authority over local statutes only. In other words, if a state law exists, then no local authority can make a law that supersedes the state law. In the case of open carry, there is no state law that allows one to open carry in Colorado, there is merely no state law that prohibits it. Since there is no law expressly allowing one to open carry, there is nothing to preempt local ordinances. This is the basis of the high courts ruling in the Denver case and the same hold true for any other local government that wishes to pass a law against such carry.
While few places have ordinances against open carry in general, numerous towns have ordinances against carry of any kind inbars. Since a law actually exists allowing one to conceal carry with a permit, local ordinances can not regulate that, however, they can regulate open carry and carry without a permit.
Hope this helps,
Doc
Count wrote:
Isn't state law uniform (except Denver) and the only thing municipalities can do is to prohibit in specific areas or buildings open carry by posting a sign at every entrance? I didn't think municipalities can do that, but if I go to a bar I will probably conceal (have a permit in Texas...and live in Texas....I know now Colorado only recognizes resident permits....).
No, that is a misconception. Many believe that preempting prevents other cities from having ordinances against carry and that only Denver is exempt by the ruling they received from the state supreme court, but this is not the case.
The preemption law basically serves to give state laws authority over local statutes only. In other words, if a state law exists, then no local authority can make a law that supersedes the state law. In the case of open carry, there is no state law that allows one to open carry in Colorado, there is merely no state law that prohibits it. Since there is no law expressly allowing one to open carry, there is nothing to preempt local ordinances. This is the basis of the high courts ruling in the Denver case and the same hold true for any other local government that wishes to pass a law against such carry.
While few places have ordinances against open carry in general, numerous towns have ordinances against carry of any kind inbars. Since a law actually exists allowing one to conceal carry with a permit, local ordinances can not regulate that, however, they can regulate open carry and carry without a permit.
Hope this helps,
Doc