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State Supreme Court Upholds Denver Gun Rules
By Jon Sarche, AP Writer
(AP) DENVER A divided Colorado Supreme Court on Monday upheld Denver's controversial ban on assault weapons, despite arguments that state weapons laws should trump city ordinances.
The 3-3 vote, with new Justice Allison Eid abstaining, settled a high-profile fight between Colorado's largest city and state officials over two state laws enacted in 2003. They pre-empted any local regulation of firearms in favor of uniform state regulation.
The city of Denver sued the state, claiming the laws violated its rights as a home-rule city -- in effect, its ability to regulate matters of local concern.
Denver District Judge Joseph Meyer III ruled in 2004 that the city had to conform to some parts of the state laws.
Both the city and the state appealed the ruling.
Meyer ruled that Denver can bar the sale of assault weapons and firearms of "inferior quality," or so-called Saturday night specials, despite state laws prohibiting local governments from banning weapons that are otherwise legal under state and federal law.
But Meyer also ruled that the city's gun-control laws had limits. For example, he said the city cannot regulate the transportation of guns in cars, and said people with state-approved concealed-weapons permits can carry their guns into city parks.
In its ruling, the state's high court simply said because of the tie vote, the judge's rulings stand. The five-page decision contains no legal opinion or analysis of the issues. Eid did not vote because she argued the case for the state as solicitor general in December.
Attorneys for the city and the state did not immediately return calls.
The city of Colorado Springs and several gun-rights groups including the National Rifle Association had filed "friend-of-the-court" briefs supporting the state. The Colorado Municipal League backed Denver, saying the city's regulations were a matter of local concern and it can pass ordinances superseding state law.
The two laws enacted in 2003 were a response to what supporters said was a confusing patchwork of local gun-control ordinances around Colorado. One law set up uniform statewide criteria for issuing concealed-carry permits.
The other, which generally permits openly carrying firearms, also gave local governments the ability to prohibit openly carrying guns in buildings or other areas if notices were posted at public entrances. It also legalized carrying a gun in a vehicle for lawful purposes and prohibited local governments from maintaining lists of people who buy or sell firearms.
The city did not challenge the concealed-carry permitting law, but argued it retained control over regulating firearms in vehicles traveling within Denver city limits, and that most of its other firearm ordinances survived.
During oral arguments, city attorneys said Denver has the right to write its own gun laws to protect its residents. Attorneys for the state said uniform regulation is necessary to avoid a confusing variety of local regulations.
Assistant City Attorney David Broadwell argued that uniform regulations are not always desirable, and home-rule cities should be able to write regulations to address their own unique characteristics.
Eid argued that without statewide regulation, somebody who can carry a gun legally in one city would be breaking the law in another city.
The cases are Nos. 04SA396 and 05SA22.
State Supreme Court Upholds Denver Gun Rules
By Jon Sarche, AP Writer
(AP) DENVER A divided Colorado Supreme Court on Monday upheld Denver's controversial ban on assault weapons, despite arguments that state weapons laws should trump city ordinances.
The 3-3 vote, with new Justice Allison Eid abstaining, settled a high-profile fight between Colorado's largest city and state officials over two state laws enacted in 2003. They pre-empted any local regulation of firearms in favor of uniform state regulation.
The city of Denver sued the state, claiming the laws violated its rights as a home-rule city -- in effect, its ability to regulate matters of local concern.
Denver District Judge Joseph Meyer III ruled in 2004 that the city had to conform to some parts of the state laws.
Both the city and the state appealed the ruling.
Meyer ruled that Denver can bar the sale of assault weapons and firearms of "inferior quality," or so-called Saturday night specials, despite state laws prohibiting local governments from banning weapons that are otherwise legal under state and federal law.
But Meyer also ruled that the city's gun-control laws had limits. For example, he said the city cannot regulate the transportation of guns in cars, and said people with state-approved concealed-weapons permits can carry their guns into city parks.
In its ruling, the state's high court simply said because of the tie vote, the judge's rulings stand. The five-page decision contains no legal opinion or analysis of the issues. Eid did not vote because she argued the case for the state as solicitor general in December.
Attorneys for the city and the state did not immediately return calls.
The city of Colorado Springs and several gun-rights groups including the National Rifle Association had filed "friend-of-the-court" briefs supporting the state. The Colorado Municipal League backed Denver, saying the city's regulations were a matter of local concern and it can pass ordinances superseding state law.
The two laws enacted in 2003 were a response to what supporters said was a confusing patchwork of local gun-control ordinances around Colorado. One law set up uniform statewide criteria for issuing concealed-carry permits.
The other, which generally permits openly carrying firearms, also gave local governments the ability to prohibit openly carrying guns in buildings or other areas if notices were posted at public entrances. It also legalized carrying a gun in a vehicle for lawful purposes and prohibited local governments from maintaining lists of people who buy or sell firearms.
The city did not challenge the concealed-carry permitting law, but argued it retained control over regulating firearms in vehicles traveling within Denver city limits, and that most of its other firearm ordinances survived.
During oral arguments, city attorneys said Denver has the right to write its own gun laws to protect its residents. Attorneys for the state said uniform regulation is necessary to avoid a confusing variety of local regulations.
Assistant City Attorney David Broadwell argued that uniform regulations are not always desirable, and home-rule cities should be able to write regulations to address their own unique characteristics.
Eid argued that without statewide regulation, somebody who can carry a gun legally in one city would be breaking the law in another city.
The cases are Nos. 04SA396 and 05SA22.
