Man Arrested After Gun Brought Into Theater

[Roadie]

DIVISION 2. - WEAPONS"

Would 38-237(d)(4) clear him?

(4)
A person issued a written permit to carry a concealed handgun issued by any sheriff authorized to issue such permits within the state and the carrying of such weapon is within the terms of such permit.

This? IANAL, but it sure seems to clear him to me..

 

[stephen87]

Probably because he broke the law...

Colorado man arrested for openly carrying gun in movie theater

He's going to have a battle, I'm thinking. Hopefully it will go to the top and be overturned, the law that is...

I wondering if he simply didn't know the law, or if he has ulterior motives.

Please quote the appropriate law you speak of. I'm not aware of Colorado laws, but I do know that open carry is legal, carrying into a theatre is legal, and that he did have a CCWP. I don't believe that signs hold weight of law, but might be wrong, and don't even know if the theatre had signs. Maybe you have some intricate knowledge of the area or the case and can fill me in? Also, I'll leave this one here for you.

Prosecutors were reviewing the case involving Mapes and the charges might be dropped if they determine he was complying with Colorado's concealed carry law that allows people who pass background checks and get training to carry guns in most circumstances, Barnes said

Seems to me, they aren't sure if he did anything illegal either.

 

[Tydeeh22]

well. if i were being detained on false allegations, then i have the free time to contact a lawyer and proceed with collecting a settlement. would i not? last i knew, you had to be quite sure of ANY law being broken before you arrested someone. the only recourse now for the department is to slap him with trespassing. and the movie theater management quickly throws a "no guns allowed" sticker on the door.

 

[japartridge]

To walk into a theater with a visible firearm of any kind a week after 70 people were shot in a theater, in the same state, well that is foolishness at best. It also suggests nothing more than attention seeking. Pretty juvenile if you ask me.

He asked for trouble and got it. Legal or not. He may claim he was standing up for his rights, I'm not buying it.

Bull****!!! the man stated he had carried multiple times in the past openly and concealed to the same place!

By your logic we should all stop carrying now because one nutjob went on an insane killing spree. Grow a spine and stand up for your rights.

 

[Titanium_Frost]

Kutnupe, I think there are several of us wanting you to quote why this man so obviously broke the law when it seems their own prosecutor isn't sure.

On the other note that a couple have touched on and I'm sure more will follow, I have been OCing like normal and have received completely normal reactions as always- nothing. There is no need to change your daily habits because of a psycho like that unless it is to become more prepared, not less.

 

[Roadie]

To walk into a theater with a visible firearm of any kind a week after 70 people were shot in a theater, in the same state, well that is foolishness at best. It also suggests nothing more than attention seeking. Pretty juvenile if you ask me.

He asked for trouble and got it. Legal or not. He may claim he was standing up for his rights, I'm not buying it.

To walk around in a mini-skirt of any kind a day after a woman was raped in Greenwood, in the same state, well that is foolishness at best. It also suggests nothing more than attention seeking. Pretty juvenile if you ask me.

She asked for trouble and got it. Legal or not. She may claim she was standing up for her rights, I'm not buying it.

 

[Boost Lee]

To walk into a theater with a visible firearm of any kind a week after 70 people were shot in a theater, in the same state, well that is foolishness at best. It also suggests nothing more than attention seeking. Pretty juvenile if you ask me.

He asked for trouble and got it. Legal or not. He may claim he was standing up for his rights, I'm not buying it.

I see you accidentally spelled everything wrong...... I highlighted the errors in red.

 

[Ted]

Probably because he broke the law...

Colorado man arrested for openly carrying gun in movie theater

He's going to have a battle, I'm thinking. Hopefully it will go to the top and be overturned, the law that is...I wondering if he simply didn't know the law, or if he has ulterior motives.

The following doesn't jibe with the police officer's statement, or the implied course of action of the prosecutor's office. Of course, the story only mentions a city ordinance, in which a violation is not a crime.

According to Opencarry.org.

Preemption Complete state preemption of firearms laws except that localities may prohibits the open carrying of firearms in a building or specific area within their jurisdiction.

Update: The Colorado Appeals Court has ruled that Denver is NOT subject to state preemption regarding open carry.

NOTE: Almost all states allow local regulation of the discharge of firearms

18-9-106. Disorderly conduct.
(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
(3) An offense under…(1) (f) of this section is a class 2 misdemeanor.


18-3-206. Menacing.
(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.


18-4-504. Third degree criminal trespass.
(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
(2) Third degree criminal trespass is a class 1 petty offense…

From RMGO:

CRS 29-11.7-104. Regulation - carrying - posting.
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.

Example of a Municipal Open Carry ban The City of Castle Rock has an open carry ban that extends to nearly every city-owned location. Castle Rock City Ordinance 9.04.165 reads:

It is unlawful for any person, except law enforcement officers in the performance of their duties, to openly carry a firearm in any Town-owned or -operated building, or on any Town-owned or -operated park, recreation area or property upon which the Town Manager has directed to be posted a notification that the carrying of firearms is prohibited. (Ord. 2003-41 §1, 2003)​

 

[Kutnupe14]

This? IANAL, but it sure seems to clear him to me..

I don't think it does as he wasn't cc'ing. But then again, I don't know what a CO permit entails.

 

[Kutnupe14]

Kutnupe, I think there are several of us wanting you to quote why this man so obviously broke the law when it seems their own prosecutor isn't sure.

On the other note that a couple have touched on and I'm sure more will follow, I have been OCing like normal and have received completely normal reactions as always- nothing. There is no need to change your daily habits because of a psycho like that unless it is to become more prepared, not less.

Perhaps I should say ordinance. How their ordinances list fines and imprisonment as penalties. And c'mon TF, I KNOW you know prosecutor double speak that sways with the winds of public opinion. At the end of the day, that poor guy was charged, meaning they screened it and decided not to throw it out. The talking about it being "looked at" after the filing, IMO is simply testing the waters.

 

[maxmayhem]

Just another reason why i conceal carry

 

[Stschil]

Just another reason why i conceal carry

So you won't get busted in a Colorado Movie Theater?





I'm not sure the Gadsen Flag is a true representation of your version of freedom. Maybe an avatar change is in order?

 

[Roadie]

Just another reason why i conceal carry

So you won't get busted in a Colorado Movie Theater?





I'm not sure the Gadsen Flag is a true representation of your version of freedom. Maybe an avatar change is in order?

 

[DocGlock86]

Just another reason why i conceal carry

HOLD ON BRB............. Okay good to go, let the show go on.

 

[GBuck]

While you may not agree with MaxMayhem or the reasoning behind it. He is correct. If he had been CCing it would not have been an issue.

 

[actaeon277]

While you may not agree with MaxMayhem or the reasoning behind it. He is correct. If he had been CCing it would not have been an issue.

Except people who are carrying get "made" sometimes.
Then people freak.
Same story.
Just because you CC, doesn't make it invisible to everyone all of the time.

 

[actaeon277]

To walk into a theater with a visible firearm of any kind a week after 70 people were shot in a theater, in the same state, well that is foolishness at best. It also suggests nothing more than attention seeking. Pretty juvenile if you ask me.

He asked for trouble and got it. Legal or not. He may claim he was standing up for his rights, I'm not buying it.

Arrest made in hit-and-run wreck that injured Gibson County, Ind., bicyclist » Evansville Courier & Press
Someone was in a car accident. I better stop bicycling.


Two officers shot in Pendleton
Oops, another shooting. I better stop carrying.


Indiana man fatally injured by premature firework | Local News - WLWT Home
Better not use fireworks, people will think I'm making a statement.


Indiana man behind bars for beating elderly man - WDRB 41 Louisville - News, Weather, Sports Community
And, I guess no talking to the elderly.



S. Ind. boy dies after being found in rural lake - WDRB 41 Louisville - News, Weather, Sports Community
Darn, there goes swimming.

 

[Titanium_Frost]

Perhaps I should say ordinance. How their ordinances list fines and imprisonment as penalties. And c'mon TF, I KNOW you know prosecutor double speak that sways with the winds of public opinion. At the end of the day, that poor guy was charged, meaning they screened it and decided not to throw it out. The talking about it being "looked at" after the filing, IMO is simply testing the waters.

I would agree the prosecutor is "testing the waters" on this but I have seen conflicting charges in the different articles and in the law/ordinances.

On the surface of what I read earlier it looked like he was good to go with his permit and OCing there as long as no signs were posted at the entrance that met with CO law to restrict carrying there. My bet is current charges dropped, whatever they are.

 

[Titanium_Frost]

Except people who are carrying get "made" sometimes.
Then people freak.
Same story.
Just because you CC, doesn't make it invisible to everyone all of the time.

This is not the place for yet another OC/CC debate. It is personal choice and this guy used his own free will and his own common sense to decide for himself how he wanted to carry that day. It appears (to me) that he was perfectly legal so maybe we can drop the coulda woulda shoulda act. He DID and was arrested for it.

CCers are just a tshirt away from being an accidental OCer- the worst kind.

 

[OWGEM]

This is not the place for yet another OC/CC debate.

CCers are just a tshirt away from being an accidental OCer- the worst kind.

Hum.