Man, that Colorado stuff gives me a headache.
Colorado. . . Tennessee. . . Utah Updates
Colorado – (I don’t “Rant” to often but this one got my dander up) Got an email about Aurora Colorado and their Ordinances as below. Checking into it no one seems to even know it was on the books. I have been told that Aurora is a City of the 1[SUP]st[/SUP] Class (Like Denver that has some firearm restrictions) so it is exempt from some of the statutes. Is this in violation of Preemption? Who really knows until a court decides. There are people looking at this Aurora ordinance. The issue with Aurora Ordinances is the exact reason I put on Handgunlaw.us that you shouldn’t go past a No Gun Sign in places not specifically listed as off limits in state statutes. That you inform them and that you will spend your dollars somewhere you and your firearm are welcome. This ordinance specifically mentions “Postings and or Verbally.” This is the Number 1 reason for STATE WIDE PREEMPTION ON ALL FIREARM STATUTES!!!!! No Ands, If or Buts and no cities of the 1[SUP]st[/SUP] class or any this city is better than that city garbage. There must be statewide Preemption on all gun laws Period!!! https://library.municode.com/co/aurora/codes/code_of_ordinances
Sec. 94-152. - Firearms on private property.
(a) It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.
(b) It shall be unlawful for any person, carrying a firearm, to remain upon any private property of another or any building or property of a commercial establishment after such person has been given verbal notice that the carrying of firearms is prohibited on such property, building, or establishment.
(c) Possession of a permit issued pursuant to C.R.S. 18-12-105.1, as it existed prior to repeal, or possession of a permit or temporary emergency permit issued pursuant to pt. 2 of art. 18 of tit. 9 of the Colorado Revised Statutes shall be no defense to a violation of this section.
Sec. 1-13. – General penalty (These Penalties apply specifically to 94-152)
(i)Every person who pleads guilty or no contest to or is convicted of any violation of article II of chapter 10; article II of chapter 58; article II of chapter 74; articles II, III and IV of chapter 94; divisions 1 through 3 of article V of chapter 94; and article VI of chapter 94 of this Code may be required, by order of the municipal court, to forfeit any weapon and ammunition when such weapon and ammunition was used, possessed or displayed during the course of the criminal episode which gave rise to the conviction, no contest plea or guilty plea or when such weapon and ammunition formed the basis of the complaint. Forfeiture may be an element of sentencing or a condition of probation or deferred judgment.
(1) Title to and ownership of such weapon shall be awarded to the police department upon the attachment of finality of judgment or as soon as possible thereafter. Upon the awarding of title and ownership of such weapon to the police department, the department is authorized to use such weapon for legitimate law enforcement purposes or dispose of it according to ordinance and applicable state law.
(2) Weapons and ammunition subject to forfeiture pursuant to this section shall include but are not limited to weapons and ammunition used, concealed, possessed, displayed or loaned in violation of sections 94-142 through 94-152 of this Code.
Tennessee – though HB2550 isn’t a subject Handgunlaw.us usually covers I thought it was important for everyone to see. HB2550 mandates that the state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. http://www.capitol.tn.gov/Bills/110/Bill/HB2550.pdf
Utah - The UT Bureau of Criminal ID sent out a letter to all their instructors stating effective July 1, 2018 there will be a decrease for the cost of applicants.
Utah Residents New Total $52 and Non-Resident New Total is $62.
Fingerprint based background checks costs went down. Starting June 1, 2018 BCI will have a new application that reflects these fees changes for download at their website. More info Here: https://bci.utah.gov/concealed-firearm/
BCI has also removed Congregation Kol Ami from the list of Churches in Utah that are off limits. Handgunlaw.us doesn’t know why they were removed but the statute linked below says they have to notify BCI if they want added and Notified to be removed. It looks like they can just post signs on their property also. BCI Listing of churches that are off limits.
https://bci.utah.gov/concealed-fire...-of-worship-prohibiting-firearms-on-premises/
Utah Statute 76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
https://le.utah.gov/xcode/Title76/Chapter10/76-10-S530.html?v=C76-10-S530_1800010118000101
Items listed above that are effective immediately will be added to their respective pages at www.handgunlaw.us late this evening or early tomorrow. Those not effective immediately will be added at a later date.
Sec. 94-152. - Firearms on private property.
(a) It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.
(b) It shall be unlawful for any person, carrying a firearm, to remain upon any private property of another or any building or property of a commercial establishment after such person has been given verbal notice that the carrying of firearms is prohibited on such property, building, or establishment.
(c) Possession of a permit issued pursuant to C.R.S. 18-12-105.1, as it existed prior to repeal, or possession of a permit or temporary emergency permit issued pursuant to pt. 2 of art. 18 of tit. 9 of the Colorado Revised Statutes shall be no defense to a violation of this section.
Sec. 1-13. – General penalty (These Penalties apply specifically to 94-152)
(i)Every person who pleads guilty or no contest to or is convicted of any violation of article II of chapter 10; article II of chapter 58; article II of chapter 74; articles II, III and IV of chapter 94; divisions 1 through 3 of article V of chapter 94; and article VI of chapter 94 of this Code may be required, by order of the municipal court, to forfeit any weapon and ammunition when such weapon and ammunition was used, possessed or displayed during the course of the criminal episode which gave rise to the conviction, no contest plea or guilty plea or when such weapon and ammunition formed the basis of the complaint. Forfeiture may be an element of sentencing or a condition of probation or deferred judgment.
(1) Title to and ownership of such weapon shall be awarded to the police department upon the attachment of finality of judgment or as soon as possible thereafter. Upon the awarding of title and ownership of such weapon to the police department, the department is authorized to use such weapon for legitimate law enforcement purposes or dispose of it according to ordinance and applicable state law.
(2) Weapons and ammunition subject to forfeiture pursuant to this section shall include but are not limited to weapons and ammunition used, concealed, possessed, displayed or loaned in violation of sections 94-142 through 94-152 of this Code.
Tennessee – though HB2550 isn’t a subject Handgunlaw.us usually covers I thought it was important for everyone to see. HB2550 mandates that the state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. http://www.capitol.tn.gov/Bills/110/Bill/HB2550.pdf
Utah - The UT Bureau of Criminal ID sent out a letter to all their instructors stating effective July 1, 2018 there will be a decrease for the cost of applicants.
Utah Residents New Total $52 and Non-Resident New Total is $62.
Fingerprint based background checks costs went down. Starting June 1, 2018 BCI will have a new application that reflects these fees changes for download at their website. More info Here: https://bci.utah.gov/concealed-firearm/
BCI has also removed Congregation Kol Ami from the list of Churches in Utah that are off limits. Handgunlaw.us doesn’t know why they were removed but the statute linked below says they have to notify BCI if they want added and Notified to be removed. It looks like they can just post signs on their property also. BCI Listing of churches that are off limits.
https://bci.utah.gov/concealed-fire...-of-worship-prohibiting-firearms-on-premises/
Utah Statute 76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
https://le.utah.gov/xcode/Title76/Chapter10/76-10-S530.html?v=C76-10-S530_1800010118000101
Items listed above that are effective immediately will be added to their respective pages at www.handgunlaw.us late this evening or early tomorrow. Those not effective immediately will be added at a later date.
1 - 8 of 8 Posts
I by no means am in a legal-eze field to understand all the updates but.....The Tennessee part sounds ok. I'd have liked to taken a firearm class in HS.
Tennessee – though HB2550 isn’t a subject Handgunlaw.us usually covers I thought it was important for everyone to see. HB2550 mandates that the state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. http://www.capitol.tn.gov/Bills/110/Bill/HB2550.pdf
Tennessee – though HB2550 isn’t a subject Handgunlaw.us usually covers I thought it was important for everyone to see. HB2550 mandates that the state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. http://www.capitol.tn.gov/Bills/110/Bill/HB2550.pdf
Offer it on line.I by no means am in a legal-eze field to understand all the updates but.....The Tennessee part sounds ok. I'd have liked to taken a firearm class in HS.
Tennessee – though HB2550 isn’t a subject Handgunlaw.us usually covers I thought it was important for everyone to see. HB2550 mandates that the state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. http://www.capitol.tn.gov/Bills/110/Bill/HB2550.pdf
Charge $100 to take it.
Fund the whole Tennessee school system on that alone.
And as someone who spends a lot of time in Colorado, I can tell you I won't be setting foot in Aurora.
Likewise!!!!And as someone who spends a lot of time in Colorado, I can tell you I won't be setting foot in Aurora.
Thanks Gary and GO Tennessee!
CO is continuing to become a lost cause.
CO is continuing to become a lost cause.
LOL, the Aurora statute makes no exception for police, so under this ordinance as I see it, police can not enter such premises armed under penalty of committing a crime. In other words, no armed police person can enter the premises of a posted location, or one in which people have been verbally warned not to enter armed, whether there is a crime being committed, or not, without committing an additional crime. Police can tell the owner they can not help as long as the place is posted, or people have been verbally warned, under current Aurora city ordinances.
Let the City government digest that for a while.
Let the City government digest that for a while.
I don’t see how the Aurora law can trump state law. Only Denver has managed to grant itself special rights to limit residents’ civil rights.
See state laws:
18-12-201
18-12-214
Aurora does not have the legal authority to override state law.
Taken from gunlawsbystate.com
B. SCOPE OF PREEMPTION
The controlling language of the Colorado preemption statute is set forth as follows:
“…the general assembly concludes that:
(a) The regulation of firearms is a matter of statewide concern;
(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.” 29-11.7-101 (2).
(2)(a) “…the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person’s ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.” 18-12-105.6 [http://gunla.ws/co2]
Note: “Open Carry” – 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. 29-11.7-104
~~down the page a bit~~
L. DO “NO GUN SIGNS” HAVE THE FORCE OF LAW?
No. “No Firearm” signs in Colorado do not have the force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to arrest for criminal trespass.
Gabby Giffords (I know, right?) gun control website further states:
http://lawcenter.giffords.org/other-location-restrictions-in-colorado/
Other Location Restrictions in Colorado
Last updated November 7, 2017.
Except for concealed carry permit holders, no person may possess a firearm in a building in Colorado in which the chambers, galleries, or offices of the state general assembly or any member, officer, or employee of the general assembly are located, or in which a legislative hearing or meeting is taking place.1
Local governments may enact regulations prohibiting open carrying of firearms in a building or specific area within the local government’s jurisdiction, as long as signs are posted to that effect.2
No person, regardless of a permit to carry a concealed handgun, may carry a concealed handgun into a public building at which security personnel and electronic screening devices are permanently in place at each entrance, each person entering the building is screened, and persons carrying weapons are required to leave them with security while in the building.3
Colorado prohibits any person from possessing a loaded firearm in, or carrying or bringing a loaded firearm into, any public transportation facility.4
Please see the page on Guns in Schools in Colorado for additional relevant laws.
Colorado has no statutes prohibiting firearms in the following places, although administrative regulations may apply:
Parks;
Hospitals;
Places of worship;
Bars or restaurants where alcohol is served;
Sports arenas;
Gambling facilities; or
Polling places.
Both of these sites are likely anti-gun, both appear to agree on the state laws.
Additionally, according to various documentation I am reading, local municipalities cannot make laws limiting concealed carry, only open carry.
See state laws:
18-12-201
18-12-214
Aurora does not have the legal authority to override state law.
Taken from gunlawsbystate.com
B. SCOPE OF PREEMPTION
The controlling language of the Colorado preemption statute is set forth as follows:
“…the general assembly concludes that:
(a) The regulation of firearms is a matter of statewide concern;
(b) It is necessary to provide statewide laws concerning the possession and ownership of a firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.” 29-11.7-101 (2).
(2)(a) “…the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person’s ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.” 18-12-105.6 [http://gunla.ws/co2]
Note: “Open Carry” – 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. 29-11.7-104
~~down the page a bit~~
L. DO “NO GUN SIGNS” HAVE THE FORCE OF LAW?
No. “No Firearm” signs in Colorado do not have the force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to arrest for criminal trespass.
Gabby Giffords (I know, right?) gun control website further states:
http://lawcenter.giffords.org/other-location-restrictions-in-colorado/
Other Location Restrictions in Colorado
Last updated November 7, 2017.
Except for concealed carry permit holders, no person may possess a firearm in a building in Colorado in which the chambers, galleries, or offices of the state general assembly or any member, officer, or employee of the general assembly are located, or in which a legislative hearing or meeting is taking place.1
Local governments may enact regulations prohibiting open carrying of firearms in a building or specific area within the local government’s jurisdiction, as long as signs are posted to that effect.2
No person, regardless of a permit to carry a concealed handgun, may carry a concealed handgun into a public building at which security personnel and electronic screening devices are permanently in place at each entrance, each person entering the building is screened, and persons carrying weapons are required to leave them with security while in the building.3
Colorado prohibits any person from possessing a loaded firearm in, or carrying or bringing a loaded firearm into, any public transportation facility.4
Please see the page on Guns in Schools in Colorado for additional relevant laws.
Colorado has no statutes prohibiting firearms in the following places, although administrative regulations may apply:
Parks;
Hospitals;
Places of worship;
Bars or restaurants where alcohol is served;
Sports arenas;
Gambling facilities; or
Polling places.
Both of these sites are likely anti-gun, both appear to agree on the state laws.
Additionally, according to various documentation I am reading, local municipalities cannot make laws limiting concealed carry, only open carry.
1 - 8 of 8 Posts
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