imported post
cscitney87 wrote:
Dynamite Rabbit wrote:
(other than Denver) claim the authority to restrict open carry based on the Meyer State Supreme Court decision. I don't believe there is case law on this, so, in my opinion, you could unwittingly become a test case.
I'm sorry Dynamite Rabbit- but I believe you have completely mistaken the original context in which the Meyers decision was made. ... No offense but stop trying to scare people- it's uncalled for.
No offense, but who are you to claim that I'm trying to scare people? You might want to watch the blanket statements about legal matters.
I have a letter from the Longmont City Attorney, in reply to my letter questioning a City of Longmont ordinance banning all guns in city parks.
I quote:
"Dear Dynamite Rabbit,
Thank you for your correspondence of May 7, 2009, expressing your concern over signs posted in the St. Vrain Greenway providing notice that it is unlawful to possess firearms and similar items in the greenway pursuant to Longmont Municipal Code Section 13.20.020 A 18. It appears that you believe that C.R.S. 29-11.7-103 prohibits the City from enacting such an ordinance, and therefore it should be struck from the L.M.C. For the reasons that follow, the City's position is that state statute specifically authorizes municipalities to prohibit the possession of firearms in its parks, and therefore, citizens may not lawfully possess firearms in the St. Vrain Greenway, or any other of the areas identified in L.M.C Section 13.20.010. [city parks].
[Quote of 29-11.7-104 omitted]
Under the plain language of this statute, local governments are granted the authority to prohibit firearms in specific areas, and L.M.C. Section 13.20.020 A 18 is a lawful exercise of that authority. Furthermore, the City posts signs giving notice of the firearm prohibition to comply with the requirements of C.R.S. 29-11.7-104. In summary, I see nothing improper in the ordinance or the posting of signs in the St. Vrain Greenway.
With respect to C.R.S. 29-11.7-103, a Denver District Court judge has ruled that statute is an unconstitutional infringement on a home rule city's authority to prohibit the open carrying of firearms in its parks because that is an issue of exclusive local control. City and County of Denver v. State of Colorado, Case No. 03 CV 3809. That decision was left standing by the Colorado Supreme Court's decision at 139 P.3d 635 (Colo. 2006). Therefore, the City's position is that L.M.C Section 13.20.020A 18 does not violate C.R.S. 29-11.7-103.
Sincerely,
Eugene Mei
City Attorney"
To summarize, the City of Longmont (and surely other home rule cities) claims that the Meyer decision DOES authorize them to regulate open carry. I am aware that the City absolutely cannot prohibit concealed carry -- an issue he skirted.
Sounds to me like the City of Longmont believes that they can arrest you for carrying in a park. Don't think you should be so confident in your assertions...