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Old 08-24-2008   #11 (permalink)
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Quote:
Originally Posted by Cwood View Post
If the pistols were unloaded and stored in his luggage is this not interstate transportation of a firearm? He is not a resident of Colorado. If this is the case why would he need a permit to have the handguns? I would not leave anything of value in a hotel parking lot, let alone firearms.

The bail is unrealistic for it being a misdemeanor.
The Peaceable Journey law does not allow you to stop for gas in a pass-through state, let alone stop at a hotel for the night.
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Old 08-24-2008   #12 (permalink)
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Even though Colorado has reciprocity with Wyoming. Denver is just wrong.


Denver carrying. Denver Revised Municipal Code § 38-117 forbids the concealed or open carrying of any firearm, any knife with a blade greater than 32 inches in length, or any other dangerous or deadly weapon.

The affirmative defenses to Denver Code § 38-117 are found in Denver Code § 38-118. The affirmative defenses include carrying in a private automobile or other private means of conveyance for lawful protection of self or another person or property, when there is a direct and immediate threat thereto, while traveling away from the area of one’s residence or business; being in one’s own dwelling, or place of business, or on property owned or under one’s control at the time of the act of carrying such weapon; or being a collector or licensed dealer displaying or transporting such weapon for display or sale. All firearms so displayed or transported shall be unloaded at all times.
Denver ban on guns which melt at the wrong temperature. It is unlawful for any person engaged in the business of selling handguns to sell, rent, exchange, or deliver any handgun having a melting point of less 1,000 degrees Fahrenheit, or tensile strength of less than 50,000 lbs. per square inch, or metal having a density of less than 7.5 grams per cubic centimeter. This ordinance is ostensibly aimed at protecting foolish consumers from poor quality guns. But the ordinance contains an exemption for police officers. There are only two logical implications which can be drawn from the police exemption:
A. The Denver City Council wants police to use inferior firearms;
B. The Denver City Council wants to disarm poor people by making it illegal to sell inexpensive firearms.
The latter conclusion seems more likely.
Denver ban on guns which frightening in pictures. Denver’s "assault weapon" ban is directly copied--even including typographical errors--from a 1989 California statute. The California statute was created by a few people looking through a picture book of guns, and picking out which guns did not look "sporting." The arbitrary list of guns has nothing to do with the gun’s function; one of the guns banned by Denver is a single-shot shotgun.
The Denver ordinance forbids the carrying, storing, keeping, manufacturing, selling, or otherwise possessing any firearm defined as an "assault weapon." It also includes any detachable magazine with a capacity of 21 or more rounds. There is no exemption or affirmative defense for gun shows or exhibits under the ordinance.
Denver juvenile "weapons" ban:Denver’s juvenile weapons ordinance is now touted as the reason for Denver’s recent drop in homicides--although the decline in crime in Denver is no greater than the trend in most other large American cities in the same period. And the statewide juvenile handgun law (enacted three months after the Denver ordinance) would remain in place, and restrict most handgun possession by juveniles, even if the Denver ordinance were repealed.
As detailed in a 1993 Independence Institute Issue Paper, the Denver ban goes far beyond any reasonable form of gun control. In Denver, it is currently illegal to allow someone under 16 years old to even touch a gun, even during a safety training class.
It is even illegal for a father and son to drive to a hunting trip in the Yampa Valley, which an unloaded rifle in the rack of a pick-up truck.
Denver property confiscation law: Denver’s property confiscation law does not create additional gun controls, but does impose draconian penalties on based on the other gun ordinances.
Among other things, put, the ordinances allow the confiscation of the gun and the car of people with concealed handgun permits who travel through Denver.
The ordinances make a mockery of due process; for example the ordinances declare that judges must enforce them "without regard to...the culpability or innocence of those who hold these rights." (Denver R.M.C. § 37-70(a).) In some barbaric countries, courts impose a standard of "guilty until proven innocent." But the Denver ordinance is even worse than this barbaric standard; the Denver rule that "even if you prove yourself innocent, the government will still take your property."

Last edited by jeremy; 08-24-2008 at 18:17. Reason: I am cut and paste incompetant currently.
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Old 08-24-2008   #13 (permalink)
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Does Colorado have state preemption? Are Denver's restrictions valid?
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Old 08-24-2008   #14 (permalink)
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A federal judge allowed Denver's laws stand. I wish I was wrong on that. CO preemption is worthless in Denver.

Denver is just not a safe place to enter. Much less stop for the night or even a meal.
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Old 08-24-2008   #15 (permalink)
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Besides having some silly a** gun laws. There are a lot of Cali fags living there now.
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Old 08-24-2008   #16 (permalink)
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Quote:
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Besides having some silly a** gun laws. There are a lot of Cali fags living there now.

Easy guy.

I was one of those Cali guys.

I grew up in SoCal and moved to Denver after college. Spent 10 years there.

I'm sorry it appears Denver's got some crappy gun laws. But, quality of life there was second to none.
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Old 08-24-2008   #17 (permalink)
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Will be interesting to see how this plays out in court.


Quote:
Originally Posted by jontheturboguy View Post
How do you "unlawfully" carry a weapon?

Is this the new catch all phrase they are going to use when taking away our Second Amendment?

"Sorry sir. But you were unlawfully."

Jon,

I've seen quite a few of your posts and IIRC you are in process for IMPD. I hope the background investigation goes extremely well for you.
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Old 08-26-2008   #18 (permalink)
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Quote:
Originally Posted by Scutter01 View Post
The Peaceable Journey law does not allow you to stop for gas in a pass-through state, let alone stop at a hotel for the night.
What is your source for this statement?

Here is the federal statute:

926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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Old 08-26-2008   #19 (permalink)
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If this had happened 100 years ago and T. Roosevelt was in the hotel, he would have wanted to see them, handle them and talk about their use in the hunting fields.

Pretty sad commentary on how far down this country has gone.

In the absence of criminal intent, the guy didn't do anything wrong or illegal. Yes, they are two different things.

What is the lowest level of the ruling class that gets me arrested for carrying a rifle case into a hotel? Is it a Mayor? Governor? State Rep or Senator?

Pitiful....
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Old 08-26-2008   #20 (permalink)
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