M-Taliesin
Regular Member
PREEMPTION!!!
The subject of Colorado statewide preemption comes into question from time to time. As a result, I created this to review the language of preemption so it may be readily accessible for any member for reference purposes.
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CRS 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.
(editorial note: The City and County of Denver are exempted from Preemption at this time. Current court cases now pending in the 10th and 7th district courts may change their status in the near term.)
And:
29-11.7-101. Legislative declaration.
(1) The general assembly hereby finds that:
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(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;
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(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;
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(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.
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.
Now, practice this like a mantra. Repeat without ceasing....
PREEMPTION!!!!
Blessings,
M-Taliesin
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