Man Arrested After Gun Brought Into Theater

[philo]

Not when he went in the theatre... Local ordinance.

Pretty sure they also have state preemption that nullified Aurora's local ordinance. Unless the theatre is on government owned land - or he had been trespassed out previously..

 

[Titanium_Frost]

Pretty sure they also have state preemption that nullified Aurora's local ordinance. Unless the theatre is on government owned land - or he had been trespassed out previously..

Once again, private property...

My (quick) reading of the pertinent CO laws says that the preemption does not include private property and the local ordinance allowing private property to post signage with the weight of law stands.

IMO CO law is VERY confusing in this area. Even the prosecutors don't know what to charge our OCer with. Probably because he wasn't breaking ANY laws.

 

[Roadie]

Once again, private property...

My (quick) reading of the pertinent CO laws says that the preemption does not include private property and the local ordinance allowing private property to post signage with the weight of law stands.

IMO CO law is VERY confusing in this area. Even the prosecutors don't know what to charge our OCer with. Probably because he wasn't breaking ANY laws.

According to what I have read on other sites like COGO and HandgunLaw.us, signs only hold weight of law in certain pre-defined places. Handgunlaw.us says:

“No Firearm” signs in Colorado have no force of law unless they are posted on property that is specifically
mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not
specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to
leave then you are breaking the law and can be charged. Even if the property is not posted and you are asked
to leave you must leave. Always be aware of the possibility that responding Police Officers who may have
been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you
are within the law.

 

[actaeon277]

You know I love it when the prosecutors have to figure the law out. Damm things are so complicated that lawyers have to figure them out.

 

[Beau]

Signs do not hold weight of law in Colorado. Trespass isn't even the issue. He was cited for Carrying a firearm in a manner calculated to cause alarm. Which of course is unenforceable do to CO preemption.

 

[GBuck]

This thread makes my head hurt.

 

[CathyInBlue]

The law makes my head hurt.


Especially when they're standing on my neck.

 

[bobzilla]

The law makes my head hurt.


Especially when they're standing on my neck.

Then don't go to Carmel and watch a movie while OC'ing.

 

[CathyInBlue]

Duly noted.

 

[xwing]

This man appears to be following Colorado law. I saw this story on Yahoo and was quite upset with the lact of real reporting. They just assume that guns=bad, and that carrying one must be illegal. They glossed over the fact he has a valid permit!

 

[GBuck]

It amazes me how many people are coming in here saying the exact same thing. "Oh it was legal he had a LTCH." "Preemption blah blah." the fact is none of us know if what he was doing was legal considering the prosecutors don't even freaking know yet. Yes, there should be no question, but as it stands, there are a lot of questions. Can we stop with the dramatics already?!

 

[Bunnykid68]

It amazes me how many people are coming in here saying the exact same thing. "Oh it was legal he had a LTCH." "Preemption blah blah." the fact is none of us know if what he was doing was legal considering the prosecutors don't even freaking know yet. Yes, there should be no question, but as it stands, there are a lot of questions. Can we stop with the dramatics already?!

Well, that just does not sound like any fun at all

 

[Titanium_Frost]

I bet he was legal. With CO having firearm law preemption, no signs on the building and him having his permit there should be nothing the prosecutor could charge him besides crap that won't stick.

 

[GBuck]

I bet he was legal. With CO having firearm law preemption, no signs on the building and him having his permit there should be nothing the prosecutor could charge him besides crap that won't stick.

 

[Titanium_Frost]

Can we stop with the dramatics already?!

 

[Titanium_Frost]

HA! I'm a little slow today...

 

[Roadie]

It amazes me how many people are coming in here saying the exact same thing. "Oh it was legal he had a LTCH." "Preemption blah blah." the fact is none of us know if what he was doing was legal considering the prosecutors don't even freaking know yet. Yes, there should be no question, but as it stands, there are a lot of questions. Can we stop with the dramatics already?!

Who pissed in your cornflakes?

BTW, he didnt have an LTCH, he is in Colorado, not Indiana...

 

[GBuck]

BTW, he didnt have an LTCH, he is in Colorado, not Indiana...

Would a rose by any other name not smell as sweet?

 

[Roadie]

Would a rose by any other name not smell as sweet?

Are we talking about your trip to White Castle again?

 

[rhino]

I am shocked and appalled.

I don't know why, but it seemed appropriate since White Castle has been invoked.