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Broomfield

Pace

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Now I'm getting ticked off -- here I am in Broomfield, and you telling me that some people think we can't OC?

What is the official word?
 

ZackL

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Pace wrote:
Now I'm getting ticked off -- here I am in Broomfield, and you telling me that some people think we can't OC?

What is the official word?
The only city that has imposed a legal ordinance is Denver as per the 2004 Meyers Decision. This isn't to say that you won't have people call you in and that you won't have LEO contact, but there is nothing that can be done about you carrying anywhere you want (except already prohibited areas like government buildings and schools). Anywhere that bans carry must post signs at all entrances open to the public and/or employ full time security with metal detectors that all people have to pass through to enter the facility.

Unless, of course, I've completely misinterpreted everything I've read and heard. But I'm pretty sure state preemption includes all cities and counties outside Denver...
 

cscitney87

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ZackL wrote:
Pace wrote:
Now I'm getting ticked off -- here I am in Broomfield, and you telling me that some people think we can't OC?

What is the official word?
The only city that has imposed a legal ordinance is Denver as per the 2004 Meyers Decision. This isn't to say that you won't have people call you in and that you won't have LEO contact, but there is nothing that can be done about you carrying anywhere you want (except already prohibited areas like government buildings and schools). Anywhere that bans carry must post signs at all entrances open to the public and/or employ full time security with metal detectors that all people have to pass through to enter the facility.

Unless, of course, I've completely misinterpreted everything I've read and heard. But I'm pretty sure state preemption includes all cities and counties outside Denver...
that's right
 

Pace

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That's what I hear, but then it seems a bunch of the jurisdictions are saying otherwise.
 

cscitney87

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Pace wrote:
That's what I hear, but then it seems a bunch of the jurisdictions are saying otherwise.
And that's the bottom line. Municipalities will do as they will; remember there is No law Requiring the removal of Old Laws. There is no mandate to officially remove unenforceable statues. So these Municipalities will keep them on the books for people like you; Whom stumble across it and get scared away.
 

centsi

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Feb 11, 2008
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Castle Rock, Colorado, USA
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Pace wrote:
Now I'm getting ticked off -- here I am in Broomfield, and you telling me that some people think we can't OC?

What is the official word?
There is no "official word". You have to read the municipal code and then decide if that is in conflict with the state statutes, although in this case i don't even understand the confusion. This is the Broomfield statute from http://www.colocode.com/broomfieldpdf/broomfield_09.pdf:

9-72-140 Prohibiting the open carrying of firearms.

The open carrying of firearms, as firearm is defined in subsection 9-72-010(B), B.M.C., is hereby prohibited in any city-owned building, facility, park, open land, or open space where signs are placed at the public entrances to any city-owned building, facility, park, open land, or open space informing persons that the open carrying of firearms is prohibited. (Ord. 1736 §1, 2003)

That is in perfect harmony with Colorado's statue and was enacted after SB 25 in 2003.
 

Pace

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9-72-020 Possession and use of weapons.
(A) It is unlawful for any person to possess an illegal weapon.
(B) Except in a person's dwelling, place of business, or on property under such person's ownership or control, it is unlawful for any person to possess the following:
(1) A firearm or gas or mechanically operated gun;

(E) Defenses.
(1) It is an affirmative defense to a violation of subsections (A) and (B) that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under state statutes.
 

cscitney87

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Pace wrote:
9-72-020 Possession and use of weapons.
(A) It is unlawful for any person to possess an illegal weapon.
(B) Except in a person's dwelling, place of business, or on property under such person's ownership or control, it is unlawful for any person to possess the following:
(1) A firearm or gas or mechanically operated gun;

(E) Defenses.
(1) It is an affirmative defense to a violation of subsections (A) and (B) that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under state statutes.
Colorado Local Ordinance Summary
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Important Note: On March 18, 2003, Article 11.7 in Title 29 of the Colorado Revised Statutes took effect. Section 29-11.7-103 voids any previously enacted local ordinance that prohibits the “sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.” Colorado also adopted legislation regarding the carrying of firearms in private vehicles (Section 18-12-105.6(2), effective March 18, 2003), and concealed weapons (Section 18-12-201(1)(e), effective May 19, 2003). The local ordinances listed here were adopted prior to the effective dates of these new state laws.

Broomfield (§ 9-72-020) indirectly regulates guns on public property by making it unlawful to possess firearms anywhere except “in a person’s dwelling, place of business, or on property under such person’s ownership or control...."
There are a number of affirmative defenses, including where "the defendant was carrying the weapon pursuant to a concealed weapons permit" or where "the weapon was unloaded...and properly cased."

http://www.lcav.org/states/colocalord.asp
 
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