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E. Firearms in Facilities Policy
Mr. Hopp said the Board asked to have this agenda item placed on this board meeting to consider a policy related to firearms in District facilities. As a result, staff conducted due diligence with other entities. District Counsel, Paul Rufien, conducted legal research. Referring to the memo provided, Mr. Hopp listed what other similar type entities have implemented. Board discussion ensued. Mr. Rufien discussed open carry and concealed carry. He had researched this subject 18 years ago and research he did this go around was to see if there are any updates or definitions or clarity added to it, and there hasn’t been. There have been a few attempts to dial it back, each of those have failed, so the law has withstood each time it has been tested within the legislature, he discussed. He reiterated from what he has seen, consistent with what the policies the surveyed entities are adopting, the District can ban a whole lot of things from facilities, concealed carry firearms are not among them. There was discussion and questions were answered. Mr. Rufien suggested the District can build into the contracts, a prohibition against concealed carry, and elaborated. It was confirmed the District does not have a policy for no open carry, it is a law that a person cannot open carry. Discussion continued. Mr. Rufien discussed signage, and adding a provision to contracts. Mr. Hopp discussed whether signage is enforceable. He pointed out the Hyland Hills policy on page two of the memo. Open carry can be banned, but not concealed carry was discussed. Director Meyer recommended to ban open carry and in contracts, put no weapons. There was discussion about banning weapons on current contracts or moving forward. Director Bielkiewicz recommended enacting something worded like the Hyland Hills policy now and giving Mr. Rufien time to research the contract issue.
MOTION: Director Meyer moved that the Foothills Park & Recreation District prohibit carrying open firearms of any kind at all of its parks, buildings, and facilities pursuant to Colorado Revised Statute 29-11.7-104. Director Bielkiewicz seconded the motion. Poll of the Board: Director Butman, aye; Director Bielkiewicz, aye; Director Meyer, aye; Director Trimble, aye; Director James, aye. The motion was approved.
Mr. Hopp confirmed staff will figure out the signage and implementation strategy.
Director Meyer asked Mr. Rufien to follow up on what the District can do for contracts as they get renewed, what language to include, and whether anything can be done to implement it with existing contracts, whether it can be done through rules and regulations.
FPRD Executive Director Ronald Hopp confirmed to Complete Colorado that the board has asked its staff to bring forward a concealed carry ban to a future meeting, but was not sure when that would be.
“Given the new legislation that was approved by the governor and the legislature … they asked to have an agenda item to consider adding concealed carry to that prohibition.”
Under SB-256, which was signed by Governor Polis on June 19, however, local governments, which include special taxing districts like FPRD, “can enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that is not less restrictive than state laws governing the sale, purchase, transfer, or possession of the firearm, ammunition, or firearm component or accessory.”
“Such a resolution or rule “may only impose a civil penalty for a violation and require the person to leave the premises” Shrader’s letter quoted from the bill. “The law is clear that for special districts, a violation is a civil offense and not a criminal offense; therefore, my office will not enforce a resolution or rule that would ban a lawfully permitted individual from carrying a concealed handgun on Foothills’ property. Rather, Foothills would be solely responsible for enforcement of a resolution or rule, if enacted.”
According to Shrader’s letter, the board intends to discuss the proposal at its Aug. 24 meeting. Shrader asked that his letter be considered as part of the board’s decision-making process.
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