Supreme Court announcement Denver home rule

This is a discussion on Supreme Court announcement Denver home rule within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hooray, I'm the first. The Colorado Supreme Court will announce Monday morning the result of the lawsuit against the city and county of Denver to ...

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Thread: Supreme Court announcement Denver home rule

  1. #1
    Member Array MountainPacker's Avatar
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    Supreme Court announcement Denver home rule

    Hooray, I'm the first.

    The Colorado Supreme Court will announce Monday morning the result of the lawsuit against the city and county of Denver to force them to submit to the preemption. They argue home rule status allows them to snub the state law.

    State of Colorado and Bill Owens v. City and County of Denver, 04SA396
    Sternberg v. City and County of Denver, 05SA22

    Here's the link.

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  3. #2
    VIP Member Array Redneck Repairs's Avatar
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    keep us up on this please i dont know if i will have time to hit the site ( or remember to ) come monday but i will see this site
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
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  4. #3
    Senior Member Array elkhunter's Avatar
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    Thanks!
    I want to see this. Denver Monday, Boulder Tuesday!
    I hope they fall like dominos. Then watch the crime rates fall too.
    It’s so much easier now days, to "Love and honor" my wife, when she is armed, and shoots a better group than I do. (Till death do us part, eh?)

    “The way you get shot by a concealed weapons permit holder is, you point a gun at him,” the Sheriff said.

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    Member Array LincTex's Avatar
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    Do you have a http link to an article with details ?

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    I'll be watching for this report this morning, but I don't have my hopes up too high...the Colorado Supreme Court is still stocked with leftover liberals from the Governor Roy Romer era...
    "I surrounded 'em"- Alvin York

    "They're ain't many troubles that a man can't fix with seven hundred dollars and a thirty ought six"- Jeff Cooper

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    Member Array Jungle Work's Avatar
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    Denver and the other cities can still enforce their laws. The Colorado Supreme Court dead locked 3 to 3.

    http://www.denverpost.com/news/ci_3901503

    Jungle Work

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    New Member Array CACCW's Avatar
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    Media at it again!

    Court did not uphold the Denver bans. It simply could not decide with a tie vote. I hate it when the media slants the relaity of these situations.

    Question now is, where does it go from here? The Federal courts? Back to the CO Supreme court allowing the excluded justice to vote?

    Anybody got any ideas?

    Enjoy

  9. #8
    Member Array LincTex's Avatar
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    Quote Originally Posted by Jungle Work

    "Meyer concluded that while the state has an interest in the regulation of firearms to protect the constitutional right of a person to keep and bear arms, that right is not absolute."

    HUH?????

  10. #9
    Distinguished Member Array Anubis's Avatar
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    I scanned several news websites, RMGO, CSSA. None of the stories indicated whether there is any further appeal process. I suppose appealing these cases could go up the chain in the federal court system.

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    Quote Originally Posted by Anubis
    I scanned several news websites, RMGO, CSSA. None of the stories indicated whether there is any further appeal process. I suppose appealing these cases could go up the chain in the federal court system.
    There should be federal venue, if either party pursues.

  12. #11
    VIP Member Array Redneck Repairs's Avatar
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    yes rock my understanding is either fall back and punt ( same basic suit on a different point of law ) or appeal the non decision to federal court either one will be both expensive and time consuming . Hopefully the state AG will pursue it one way or the other and get a decisive ruling on the rights of " home rule " citys .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

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  13. #12
    Member Array Fargo's Avatar
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    proceedure

    I'm not intimately familiar with the details of this case, but it doesn't sound like there is any federal question which would allow it to be removed to federal court. In fact, since it has been litigated through the state courts, IIRC the only possible further appeal would be the to the U.S. Supreme Court upon some federal constitutional issue. I highly doubt that there is a recognized federal constitutional question here, so my guess is that this is where it ends.

    As I understand the situation now, various district ct. judges have held the home rule statute to trump the preemption statute insofar as "assault weapons" and "Saturday Night Specials" go. Since the Colorado Supreme Ct. has deadlocked, those rulings will be the final say upon the matter, at least within the jurisdiction of those courts. That of course will change if and when the Col. Sup. Ct. gets around to making a decision. Also, I am suprised that Colorado doesn't have an intermediate appellate court which would hear the matter prior to the Sup. Ct. hearing it. Perhaps there was some sort of expedited appeal to the Sup. Ct and it may be possible to still have this heard by and intermediate appellate ct.

    All the best,


    Joe
    Last edited by Fargo; June 5th, 2006 at 09:03 PM.

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