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Peterson v. Martinez (10th Circuit) Official Appeals Thread
- Thread starter Gray Peterson
- Start date
Jeff Hayes
Regular Member
Wow that was painful to find out that my rights were restricted to my home. This decision is disingenuous at best I hope
Gray can afford an appeal other wise this will turn out to be one giant mistake IMHO.
trailblazer2003
Regular Member
So the 10th circuit says no right to conceal carry in Colorado. Assuming this doesn't get overturned on appeal or the Supreme Court doesn't change the ruling, Denver could be taken to task again for open carry rights, right? State says concealed carry is not protected, Denver claims home rule to restrict open carry, so there is no carry allowed in Denver city/county for non-residents with no reciprocity with Colorado....
Anubis
Newbie
Right. So far the Supreme Court and the 7th Circuit understand 2A; virtually all other courts continue to resist.
Ca Patriot
Regular Member
Correct me if I am wrong, but Colorado allows concealed carry permits and they allow concealed carry permit holders from other states to carry in Colorado.
The issue with Peterson is that his home state of Washington doesnt have a reciporcy agreement with Colorado.
I dont really blame Colorado here because they do in fact grant CCW's and even honor those from other states. They just dont honor some non resident permits.
With that being said, I find the ruling by the 10th to be be horrible and breathtaking in how stupid it was.
The ruling basically says there can be blanket bans on the right to bear arms outside the home.
trailblazer2003
Regular Member
You are correct about carry permits and not honoring certain states permits. I was just stating that it seems reasonable to conclude that Colorado not honoring certain permits and Denver not allowing open carry will possibly lead to more litigation if this ruling does stand. As it stands citizens from Washington can not carry into Denver at all.
KBCraig
Regular Member
Paraphrasing the decision: "The right doesn't exist because it's so heavily restricted."
I guess the 10th would have found that minorities didn't have a right to vote in Alabama in 1960, either.
Thundar
Regular Member
I believe that the method of bearing arms does not have any bearing on the core right of bearing arms.
That being said, what we now have is a bright law decision that concealed carry can be regulated because it is not within the core right of keeping and bearing arms. So if concealed carry is NOT the right, then Open Carry must therefore BE the right.
By using a Colorado regulation scheme designed to regulate a privilege to actually regulate a fundamental right in a way that is not deminimus, the city of Denver has converted a fundamental right into a privilege. This it cannot do.
Sue again. The case against Denver is clear and simple.
That being said, what we now have is a bright law decision that concealed carry can be regulated because it is not within the core right of keeping and bearing arms. So if concealed carry is NOT the right, then Open Carry must therefore BE the right.
By using a Colorado regulation scheme designed to regulate a privilege to actually regulate a fundamental right in a way that is not deminimus, the city of Denver has converted a fundamental right into a privilege. This it cannot do.
Sue again. The case against Denver is clear and simple.
Thundar
Regular Member
I believe that the method of bearing arms does not have any bearing on the core right of bearing arms.
That being said, what we now have is a bright law decision that concealed carry can be regulated because it is not within the core right of keeping and bearing arms. So if concealed carry is NOT the right, then Open Carry must therefore BE the right.
By using a Colorado regulation scheme designed to regulate a privilege to actually regulate a fundamental right in a way that is not deminimus, the city of Denver has converted a fundamental right into a privilege. This it cannot do.
Sue again. The case against Denver is clear and simple.
That being said, what we now have is a bright law decision that concealed carry can be regulated because it is not within the core right of keeping and bearing arms. So if concealed carry is NOT the right, then Open Carry must therefore BE the right.
By using a Colorado regulation scheme designed to regulate a privilege to actually regulate a fundamental right in a way that is not deminimus, the city of Denver has converted a fundamental right into a privilege. This it cannot do.
Sue again. The case against Denver is clear and simple.
marshaul
Campaign Veteran
I do blame Colorado. If they would grant their permits to out of state residents who meet all their criteria, then there wouldn't be a problem in this case. Better yet, if Colorado had "Constitutional Carry" there wouldn't be a problem. Better even than that, if Denver had to conform to Article II Section 13 of the Colorado Constitution, this wouldn't be an issue.
If you have Constitutional Carry, why is you need a privilege card to carry concealed?
marshaul
Campaign Veteran
Was gonna say...
1245A Defender
Regular Member
Well,,,
This case is being discussed in Many fora, all across this board, but
I wont post this everywhere.
Colorado is an Open carry state!
Any nonprohibited person can Open carry in Colorado without a CPL,,, Except in Denver County!
Most of Denver is in that county,,, that is the only area that counts!
All of Colorado requires a CPL to conceal,
Denver County requires a CPL to Open Carry, and conceal carry...
States that have uneven, or incomplete "preemtion" should not be allowed to all it "Preemtion" why cant i spell it?
This case is being discussed in Many fora, all across this board, but
I wont post this everywhere.
Colorado is an Open carry state!
Any nonprohibited person can Open carry in Colorado without a CPL,,, Except in Denver County!
Most of Denver is in that county,,, that is the only area that counts!
All of Colorado requires a CPL to conceal,
Denver County requires a CPL to Open Carry, and conceal carry...
States that have uneven, or incomplete "preemtion" should not be allowed to all it "Preemtion" why cant i spell it?
PikesPeakMtnMan
Regular Member
I realize that you're not local to CO so I wanted to make sure that a few points you made were clarified.....
- Denver city limits / Denver County are exactly one in the same - there is no part of the City that lies outside of the County and no part of the County that extends beyond the City's borders.
- there is ZERO open carry allowed in Denver, CHP or not doesn't matter. There is only one legal method for carrying a firearm in Denver, to be a state resident (or resident of a reciprocal state) with a valid carry permit.
Kingfish
Regular Member
There are those Denver "Mountain Parks" that are a part of Denver right?
Anubis
Newbie
Yes, also a large empty area annexed by Denver when Denver International Airport was built.
1245A Defender
Regular Member
Well,,
First i want to admire your sig line,,, It is an Eye Opener,, I like it Much!!
Denver County is a very gerymandered smogasbouard of an area extending in a weird arch heading north east to a plot of land there.
I think Denver city is in the main area, but it spills out into another county on the West side...
I hope some one will confirm you or me about the leagality of Open carry in Denver Co with a CPL...
First i want to admire your sig line,,, It is an Eye Opener,, I like it Much!!
Denver County is a very gerymandered smogasbouard of an area extending in a weird arch heading north east to a plot of land there.
I think Denver city is in the main area, but it spills out into another county on the West side...
I hope some one will confirm you or me about the leagality of Open carry in Denver Co with a CPL...