Local Colorado Municipal Building Signs
This is a discussion on Local Colorado Municipal Building Signs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I went to pay my water bill in person today and found that the building had a sign that read
" The carring of firearms ...
June 24th, 2008 06:38 PM
Local Colorado Municipal Building Signs
I went to pay my water bill in person today and found that the building had a sign that read
" The carring of firearms in city owned building is prohibitied my municipal code 9.04.165 and will result in a $1,000 fine and/or 1 year jail sentence"
The muni code states:
9.04.165 Open carry of firearms.
It is unlawful for any person, except law enforcement officers in the performance of their duties, to openly carry a firearm in any Town-owned or -operated building, or on any Town-owned or -operated park, recreation area or property upon which the Town Manager has directed to be posted a notification that the carrying of firearms is prohibited. (Ord. 2003-41 §1, 2003)
It has no mention of CCW, permits, or state preemption law. So I call the SO that issued my permit and the issuing deputy (non-LEO, just wears a uniform no badge) said that the public city buildings and "small city" can make its own rules because of home rule law. This is totally in violation of Meyers Vs the City of Denver, 2004.
The sign on the door is the mis-leading portion, the City of Denver is allowed to selectively prohibit "open carry" if correctly marked. I didn't think these little "wantta be" cities were allowed "home rule" status.
June 24th, 2008 06:55 PM
If you are writing about a city other than Denver, this method of prohibition violates state law regarding concealed carry. District Court Judge Meyer's decision in Denver v. Colorado granted Denver the power to retain a couple of ordinances that would otherwise be pre-empted by Colorado statute. Any other city or county must sue to get relief from pre-emption, just like Denver did.
Local goverments in CO are not permitted to impose restrictions concerning concealed carry which would be stricter than the Colorado statute's list of prohibited places. If the local government wants to ban concealed carry in its public buildings, it must somehow conform to the state list of prohibited areas, such as installing metal detectors and screening all who enter.
Local governmental entities can prohibit open carry by this Colorado Revised Statute:
Meyer's decision allowed Denver to prohibit open carry within that city/county (by ordinance, signs not necessary), but that's the only exception. This decision is online at After the State's motion to dismiss for lack of standing was denied, the case was set for trial
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.
Last edited by Anubis; June 24th, 2008 at 09:47 PM.
June 24th, 2008 07:34 PM
That was my interpretation also. I was just perplexed when the Sheriff's Office was incorrect. I thought only Denver was effected by the decision, but during the County Fair they ban open carry at the Douglas Fairgrounds. It doesn't ban CCW because they don't install metal detectors.
I just hate all the threatening signs and implications by the cities.
June 24th, 2008 08:05 PM
We had the same crappola in Kansas for about 6 months, then they revised the carry code and we can now carry in parks etc. Still can't carry in city buildings if they are posted though.
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