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Define "Preemption"

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
As it refers to US law vs Colorado State and a Municipal law/ordinance.

Because I are confused...what's the point in a county or municipality ordinance regarding OC, CC, or any other C if the 2A trumps it? And why is Denver City/County allowed to be different?


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Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
I'm going to take a stab at answering your question without addressing Colorado law specifically, or the issue of infringement directly.

Preemption eliminates a hodge-podge quilt-work of confusing gun laws within the borders of a state, and allows the citizens of the state to know and understand the law as they freely travel, rather than having to stop at the border between one municipality (city or county) and the next to check the laws and adjust their behavior before actually crossing that border. It eliminates the possibility of being declared a criminal in one locality for doing what was legal literally inches away in another locality.

stay safe.
 

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
Thanks Skidmark. Now if only the municipalities here would get it right we'll all be ok.


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PikesPeakMtnMan

Regular Member
Joined
Oct 16, 2008
Messages
425
Location
Colorado Springs, Colorado, USA
Skidmark pretty much nailed the idea of preemption. Denver gets away with their violation because when the state loosened all the guns laws in 2003 Denver sued the state claiming that their home-rule status exempted them from state law and they could still make their own rules. The state supreme court upheld the decision simply because one of the judges had to recuse herself because she had argued the case in a lower court and this resulted in a split decision, leaving Denver's own alternate reality intact. It would take another court case to get anything to happen again and there is actually a case in the works now attempting to get Denver back in line (it's the top sticky so you can read the details there).
 

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
Thanks for the clarification. I don't want to beat a dead horse so unless anyone else has anything to add I'm going to leave this thread alone


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