How NOT to bring a gun into a theater

30 Jul 2012 14:32 #21 by BearMtnHIB
But they should know their own laws- do you not agree>?

here's the language straight out of the law that Thornton nailed him with....

The following shall be an 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.

Please Log in or Create an account to join the conversation.

30 Jul 2012 14:36 #22 by BearMtnHIB
If I could find in 5 minutes why this guy was not guilty of this violation- you'd think that a city cop would know it too.

It just sucks that we have such idiots in charge of enforcing laws- these guys should be fired.

Please Log in or Create an account to join the conversation.

30 Jul 2012 14:39 #23 by Something the Dog Said

BearMtnHIB wrote: But they should know their own laws- do you not agree>?

here's the language straight out of the law that Thornton nailed him with....

The following shall be an 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.

But he WAS NOT carrying a concealed handgun, he WAS open carry which is NOT covered by that exception.

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

Please Log in or Create an account to join the conversation.

30 Jul 2012 14:41 #24 by BearMtnHIB

Something the Dog Said wrote:

BearMtnHIB wrote: But they should know their own laws- do you not agree>?

here's the language straight out of the law that Thornton nailed him with....

The following shall be an 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.

But he WAS NOT carrying a concealed handgun, he WAS open carry which is NOT covered by that exception.

You are wrong. Even the thornton law says you are wrong-literally.

PS- show me in the state law where it says that every CCW holder must have the weapon concealed.

Show me where it says that.

Please Log in or Create an account to join the conversation.

30 Jul 2012 14:52 #25 by Something the Dog Said
This guy violated the terms of his permit even if he had been carrying concealed. According to 18 12 214(5)"

(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

The theater posted against the carrying of firearms on the premises, so he was guilty of illegally bringing a dangerous weapon on the private premises.

under 18-12-105:
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214;

Thus he was guilty not only under the Thornton code, but under state law as well.

That is a class 2 misdemeanor which is punishable by up to 12 months in jail and/or up to $1000 fine.

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

Please Log in or Create an account to join the conversation.

30 Jul 2012 15:02 #26 by BearMtnHIB
All they can do is ask him to leave. This guy probably did not even see the posting.

If he refuses to leave- they can charge him with trespassing, which they did not do- they charged him with this thornton law- which they had no authority to do- according to CRS 18-12-214 (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."

Please Log in or Create an account to join the conversation.

30 Jul 2012 15:04 #27 by Something the Dog Said

BearMtnHIB wrote:

Something the Dog Said wrote:

BearMtnHIB wrote: But they should know their own laws- do you not agree>?

here's the language straight out of the law that Thornton nailed him with....

The following shall be an 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.

But he WAS NOT carrying a concealed handgun, he WAS open carry which is NOT covered by that exception.

You are wrong. Even the thornton law says you are wrong-literally.

PS- show me in the state law where it says that every CCW holder must have the weapon concealed.

Show me where it says that.

18 12 214
(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.

No I am correct, but even if the law was as you stated, which it is not, he was still guilty of a class 2 misdemeanor punishable by up to 1 year in jail and/or up to $1000 fine for violating 18 12 214(5) for carrying a firearm on private property that had posted a ban against weapons.

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

Please Log in or Create an account to join the conversation.

30 Jul 2012 15:08 #28 by RCCL
So very odd how much violence is directly attributed to the vessel which delivers it.

As a counterpoint... and not that it would ever happen, but what if it had been Betty White who walked into a theater with a gun strapped to her waist, open-carry style? Would anyone have called the police?

Guns have a lot of power, which is why I agree with earlier posters. You may have every right in the world to open carry (in places that are not limited), but you will be harassed and you will be labeled as a threat, and I'm amazed by anyone who doesn't understand that.

Please Log in or Create an account to join the conversation.

30 Jul 2012 15:09 #29 by BearMtnHIB
The permit authorizes a concealed gun- but does not limit the carry to concealed. It's really a permit to carry a gun, unless it specifically mentions that it will only be concealed.

Again- even the language in the thornton law specifically excludes those who have permits. We will see if the charge sticks- my guess is that the city is in hot water right now.

Please Log in or Create an account to join the conversation.

30 Jul 2012 15:12 #30 by BearMtnHIB

RCCL wrote: So very odd how much violence is directly attributed to the vessel which delivers it.

As a counterpoint... and not that it would ever happen, but what if it had been Betty White who walked into a theater with a gun strapped to her waist, open-carry style? Would anyone have called the police?

Guns have a lot of power, which is why I agree with earlier posters. You may have every right in the world to open carry (in places that are not limited), but you will be harassed and you will be labeled as a threat, and I'm amazed by anyone who doesn't understand that.

Well I happen to dis-agree with all the people out there who think this is stupid- we should be allowed to open carry. In Jeffco it's legal. I do it all the time and I don't get harassed. It's only those hysterical idiots who do not understand the law that make a big deal about it.

Go back to New Jersey.

Please Log in or Create an account to join the conversation.

Time to create page: 0.145 seconds
Powered by Kunena Forum
sponsors
© My Mountain Town (new)
Google+