How NOT to bring a gun into a theater

Thornton Man Arrested For Bringing Gun Into Movie, Theaters Evacuated

hornton Police arrested a 48-year-old man after he alarmed movie goers and theater staff for openly carrying a gun into the theater complex.

James G. Mapes was arrested Sunday night at Cinebarre Movie Theater and several theaters were evacuated as a precaution after he was seen carrying a handgun on his waist in "an open carry postion, visible to others," Thornton Police said in a statement.

The Cinebarre Theater website says it allows movie-goers to eat food, have alcoholic drinks and describes itself as an "18 and up establishment."

A theater employee told 9News that Mapes carried a gun holster into the building and he had a permit to to carry the weapon.

Mapes was taken into custody for investigation of possession of a dangerous weapon in a liquor and beer establishment. He was booked into a Thornton jail and released on a municipal summons.

http://www.huffingtonpost.com/2012/07/3 ... 18791.html

Wow...The "Twits-on-Parade" just keeps going... I'm sure he was packing, just in case someone with an AR15 decided to shoot up the joint. That way he could have a "Dirty Harry" moment and have a shoot-out in the theater. See, there's this thing about the establishment can deny the possession of weapons on its premises, even if you have a CCW. (And yes, I realize that what he was busted for was carrying into an establishment, in this case, that served liquor and beer...) But as it turned out, the Aurora theater chain also had a prohibition for carrying on-premises.

"While the theater chain prohibits firearms, it is hard to say that the alleged shooter, James Holmes, would have been stopped by armed moviegoers. He wore protection from head to toe and caused mass confusion by setting off tear gas. This isn’t to say that a few shots might not have stunned Holmes, giving others time to subdue him. Perhaps there would have been fewer victims that night. We'll never know."

Doofus....

The Cinne guy is an idiot, a good way to get shot. I carried into the theatre for Batman this weekend but no one knew, and it was legal to do it.

People were antsy before Batman started and confronted a man with a clipboard who stood in front counting them.

making a point is one thing, being an idiot while doing so ,,, Whoosh.

Since the theater has a policy of not allowing firearms, he should have been stopped at the ticket booth, told about the policy, and asked to take the weapon back to his car.

Why wait till he was inside and arrest him?

It is not against the law to open carry in this state, with the exception of a Denver ordinance- and I thought that the denver ordinance was over ridden by the law that Bill Owens signed in 2003 (SB24).

That law also (my understanding is) prohibits little fiefdoms like Thornton from preemption (bars municipalities from creating criminal safezones) like the one this man was charged in (thornton).

I don't know how you guys feel- but open carry is legal in this state. I think this guy can legally sue the city of thornton for his false arrest.

I know this crap would not be legal in Jeffco. I open carry my gun from time to time, and I expect to be able to do so in this state legally- without being harassed by the cops.

In any case- I read the thornton law and it seems to me that it violates the state constitution, as well as SB 24.

And even the thornton law allows for an Affirmative defense even if it was constitutional- so this guy should have never been arrested in the first place;

This is language out of the (illegal) thornton law...

Affirmative defense;
(d)(4) A person issued a written permit to carry a concealed handgun issued by any sheriff authorized to issue such permits within the State and the carrying of such weapon is within the terms of such permit.

So there is no way he will be found guilty here. The guy had a legal CCW permit!

It is a business owner's private property. He is free to post a ban on firearms--or not--as he sees fit. (Or is this one of those hypocritical times where it's OK for the Gub'mint to tell them what to do if it doesn't agree with your politics?)

"In Colorado you can carry a concealed weapon with a permit. The place of business has the right to ban weapons on the premises. The theater (in Aurora) had a weapons ban not the State or City."

What you DON'T know would fill an ocean. What you THINK you know wouldn't fill a thimble.

Because open carry is illegal in Thornton under their muni code 38-237 Home rule cities are allowed to make their own laws with respect to open carry. There are a number of cities in Colorado that prohibit open carry. Further, establishments may make their own bans in regard to their private property.

SB 24 prohibits cities from making these rules.
Does it not?

And LJ- I'm perfectly aware of a private owners rights to disallow CCW or open carry- you are the one being ignorant here- this guy was charged with a city violation which was over-ruled back in 2003.

The thornton ordinance is illegal- just like Denver's is now illegal- that is what the 2003 SB 24 law addressed.

Article XX, § 6 of the Colorado Constitution, entitled “[h]ome rule for cities and towns” provides, in part, that:
The people of each city or town of this state, having a population of two thousand inhabitants as determined by the last preceding census taken under the authority of the United States, the state of Colorado or said city or town, are hereby vested with, and they shall always have, power to make, amend, add to or replace the charter of said city or town, which shall be its organic law and extend to all its local and municipal matters.
Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith.



The courts have held that home rule towns have a local concern in regard to firearms, thus enjoined state laws from preempting local ordinances, particularly in urban areas such as Denver. CCW is still upheld as a state concern.

Home rule does allow some exemptions. For example, Denver still has a 10 round limit on ammunition magazines. (Must be why the Aurora shooter choose that theatre, not!)

And consistent CCW rules in the state only make sense. You don't want a guy to have to lock up his carry piece just to drive through the town of Aspen Park.