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Thread: Pamphlet

  1. #1
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    Quick question to all. I've been reading the open carry entries from other states that surround us and I've noticed that the Utahians? Utahites? Shifty desert folk? have a pamphlet made up of the relevant laws for their state.Granted, their state has more byzantine laws than our own, but I was wondering if we have one made up and if so, where might I go to find it.

    I'll be open carrying on a regular basis in Vail soon and I would like a resource to help explain to my fellow citizens, as well as the many out-of-staters and foreigners that we get, about the laws and responsiblities of OC and guns in general.

  2. #2
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    Don't have a pamphlet that I know of, but in absence of one I'd print out Art. II, Sec. 13 of the Colorado Constitution and CRS 29-11-7-103 & 104. That pretty much covers it for OC:
    http://www.michie.com/colorado -

    Art. II, Sec. 13
    The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons

    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.


    29-11.7-104. 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.


  3. #3
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    This may not be something that needs to be printed, but it is good background information:

    29-11.7-101. Legislative declaration. (1) The general assembly hereby finds that:

    (a) Section 3 of article II of the state constitution, the article referred to as the state bill of rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties;

    (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;

    (c) The general assembly recognizes a duty to protect and defend the fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1);

    (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;

    (g) This inconsistency places citizens in the position of not knowing when they may be violating the local laws and therefore being unable to avoid violating the law and becoming subject to criminal and other penalties.

    (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.

    Source:
    Colorado Statutes/TITLE 29 GOVERNMENT - LOCAL/MISCELLANEOUS/ARTICLE 11.7 REGULATION OF FIREARMS/29-11.7-101. Legislative declaration.



  4. #4
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    I've made up my own pamphlet. I used a somewhat specialized program for the final product, but here's the plain text of what I have. Note: I decided to include the statute on menacing right below the state constitution to contrast the two, and make the point that simple, non-threatening OC cannot be considered menacing.

    If anybody wants a copy of the finished product, PM your mailing address to me, and I'll send you a copy.



    Colorado Constitution
    Article II (Bill of Rights)
    Section 13
    Right to bear arms
    The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    CRS 18-3-206
    (1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
    (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
    (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

    CRS 29-11.7-103
    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.

    CRS 29-11.7-104
    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.

    CRS 16-3-103
    (1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
    (2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.

    Terry v. Ohio 392 U.S. 1 (1968)
    "The Fourth Amendment right against unreasonable searches and seizures, made applicable to the States by the Fourteenth Amendment, 'protects people, not places,' and therefore applies as much to the citizen on the streets as well as at home or elsewhere."
    "Whenever a police officer accosts an individual and restrains his freedom to walk away, he has 'seized' that person within the meaning of the Fourth Amendment."
    "A search for weapons in the absence of probable cause to arrest must be strictly circumscribed by the exigencies of the situation."

    Florida v. J.L. 529 U.S. 266 (2000)
    "An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person. An officer, for the protection of himself and others, may conduct a carefully limited search for weapons in the outer clothing of persons engaged in unusual conduct where, inter alia, the officer reasonably concludes in light of his experience that criminal activity may be afoot and that the persons in question may be armed and presently dangerous."

    CRS 18-12-105.6(2)(b)
    (b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

  5. #5
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    I'm a newb, so I don't know where else to post this...Yet. C&C ofBroomfield CO firearm codes. http://www.broomfield.org/code/Look for Title 9. Public Peace, Morals and Welfare. What a title. We must legislate "morals". Bummer.
    I'll keep looking for the proper place to get all the cities (USA) in one place. any help here is appreciated
    :?

    We really need to work ongetting some of this contries laws rolled back to look similar to CO. Do we have to petition? I know we need exposure. Is it best to start with the courts, or start with popular support? My guess is we need popular support. We need all of our friends to help get this site really rolling! Sent to 2, they'll send to 2. etc. I'll do my part. Do we have a national petition going?


  6. #6
    Regular Member Anubis's Avatar
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    Be aware that some of Broomfield's code is invalidated because of state preemption of local firearms law enacted in 2003. For example:

    "9-72-120 Possession of a loaded firearm in a motor vehicle.

    It is unlawful for any person, except a person authorized by law, to possess or have under such person's control any loaded firearm in or on any motor vehicle. For the purposes of this section, a firearm shall be considered loaded if there are any bullets or cartridges in the cylinder, chamber, or magazine when the magazine is contained within the firearm. It is an affirmative defense to a violation of this section that the person charged possessed the loaded firearm for the protection of the defendant's or another's person or property while traveling. (Ord. 953 ยง3, 1993)"

    The state version of the vehicle-carry law,18-12-204(3)(a), states the right without any affirmative defense nonsense: "A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed: (I) The handgun is in the possessiion of a person who is in a priivate automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense"

  7. #7
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    Anubis wrote:
    Be aware that some of Broomfield's code is invalidated because of state preemption of local firearms law enacted in 2003. For example:
    So in the case of carrying loaded, broomfield has to defer to the state version? The states version seems to not make a distinction about loaded or not. Broomfield must then defer to the state on concealed in a car, and loaded or not. Should I carry a copy of state code with my recording device.

    This is helpful...Thanks.

  8. #8
    Regular Member Anubis's Avatar
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    ecgoin wrote:
    So in the case of carrying loaded, broomfield has to defer to the state version?Should I carry a copy of state code with my recording device?
    Yes, the state version trumps the older Broomfield code on vehicle carry.

    Don't bother carrying laws around to show to LEOs, arguing with them is futile.Demonstrating that you know the law better than they will only piss them off.

    Recording is legal in CO as long as at least 1 participant is aware of the recording, which would be you. I definitely recommend recording an open-carry/LEO interaction---odds are good that a LEO bent on hassling you for OC will overstep the legal boundary. The best practice is to say as little as possible to LEOs under any circumstances because, although whatever you say can be used against you, it will never be used in your favor. If you are charged with a bogus violation like disturbing the peace, your attorneywill make good use of the recording later.

    Google "Professor James Duane", a law professor, for severallinks tohis 47-minute video about talking to police, with first Duane and then an experienced police interrogator discussing the subject. This really should be required viewing foranyone, particularly anyonewho openly carries handguns.




  9. #9
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    I would say "nice call". The Duane video should be required viewing for anyone that drives a car. We should all take ALL of our rights seriously. Our constitution is a wonderful and unique thing! I for one am going to take a more activist role than I have in the past to try to protect ALL of our rights.



    Thanks again.

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