How NOT to bring a gun into a theater

30 Jul 2012 14:04 - 30 Jul 2012 14:06 #11 by BearMtnHIB
You guys are not following what I'm sayin- the 2003 law prevents local fiefdoms from doing exactly what they did to this guy.....

CRS 18-12-214. Authority granted by permit - carrying restrictions;

(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
Now that would over rule any Thornton law correct?

What I'm sayin is that this guy has got a law suit against the city- my guess is that the city will settle before it goes to court.

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30 Jul 2012 14:06 #12 by Martin Ent Inc
He's already lawyered up.
Thornton will make a deal.

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30 Jul 2012 14:08 #13 by BearMtnHIB

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30 Jul 2012 14:09 #14 by FredHayek
IIRC, the only charge he should receive is "no trespassing" from the theatre since they posted. But he should still be busted for stupidity for open carry in a theatre.

Thomas Sowell: There are no solutions, just trade-offs.

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30 Jul 2012 14:18 #15 by Martin Ent Inc
He's going to get a ticket for a lose dog.

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30 Jul 2012 14:22 #16 by BearMtnHIB

IIRC, the only charge he should receive is "no trespassing" from the theatre since they posted.

Correct. And my guess is that Thornton will not even charge him with trespassing- since they screwed up royally.

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30 Jul 2012 14:25 #17 by Something the Dog Said
And you are not paying attention, the courts held that the state law does not preempt home rule cities in regard to open carry.

"Remember to always be yourself. Unless you can be batman. Then always be batman." Unknown

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30 Jul 2012 14:27 #18 by BearMtnHIB
The guy had a permit. Even the law they charged him with exempts people with permits- and if the damn idiot cops would have read the law they charged him with- they would know it did not apply to him.

That's my point. A permit holder can carry anywhere- open or not- in all areas of the state except where the state law prohibits- and that's not very many places.

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30 Jul 2012 14:28 #19 by FredHayek

Something the Dog Said wrote: And you are not paying attention, the courts held that the state law does not preempt home rule cities in regard to open carry.


My CCW trainer advised me even if it is legal to open carry in a community, it was better to conceal, because other people, including LEO's might not know it is legal to carry openly.
Just because they are a law officer doesn't mean they will know every law, even the local gun regulations.

Thomas Sowell: There are no solutions, just trade-offs.

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30 Jul 2012 14:32 #20 by Something the Dog Said

BearMtnHIB wrote: You guys are not following what I'm sayin- the 2003 law prevents local fiefdoms from doing exactly what they did to this guy.....

CRS 18-12-214. Authority granted by permit - carrying restrictions;

(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
Now that would over rule any Thornton law correct?

What I'm sayin is that this guy has got a law suit against the city- my guess is that the city will settle before it goes to court.

This guy was not carrying a concealed weapon, it was open carry which is not covered by that particular law. The Colorado courts have held that the relevant state law does not preempt local home rule cities from enacting bans on open carry when they have local concerns about open carry.

"Remember to always be yourself. Unless you can be batman. Then always be batman." Unknown

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