State fights city's stricter gun limits

Justices are asked to reverse court ruling that backed Denver

Rosa Ramirez, Rocky Mountain News

Published December 8, 2005 at midnight

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The question of whether state gun laws trump city gun laws went to the Colorado Supreme Court Wednesday in front of 600 teenagers at Arapahoe High School.

The state is appealing an earlier District Court ruling that upheld Denver's right to enforce some of its stricter gun ordinances, including a ban on the open carrying of firearms and the sale and possession of firearms.

The arguments were presented at the high school as part of the "Courts in the Community" educational outreach program.

The program is so popular that there's is a waiting list of four to six years to participate, said Karen Salaz, with the Office of the State Court Administrator.

Allison Eid, state solicitor general, argued that since firearms regulation is a public safety matter for governments at all levels, the state should have ultimate authority to regulate the open carrying of firearms, including those in vehicles and parks.

"If I wanted to drive to Aurora (legally carrying a firearm), I'd have to find out what municipalities I'm driving through," to ensure no laws were being violated, Eid argued.

Without uniform statewide firearm regulations, people who possess a firearm legally in one area might be subject to criminal charges, fines or jail time in another, she said.

The power struggle between the state and Denver began when the General Assembly in 2003 passed two gun laws. One established statewide uniformity for concealed carry permits; the other called for uniformity of laws concerning ownership and possession of firearms and nullified local ordinances that were more restrictive than state law.

David Broadwell, assistant city attorney, argued that Denver, as a home-rule city, had the power to legislate matters of local concern. The courts must "must analyze each ordinance and regulation under home- rule principle to determine whether state or local law applies," he said.

The ordinances at issue - open carrying of a firearm, assault weapon possession and firearms safety - are local concerns because Denver is a highly populated municipality with unique concerns about crime and public safety, he said. Strict firearm regulations are in Denver's best interest, he said.

The presentations were well received by the students who, at the end of the arguments, asked questions of the lawyers and justices.

Brad Meyer, a social studies teacher at the high school, said he wanted to bring the Colorado Supreme Court justices to teach students firsthand about the state's judicial system. He also wanted students to see how court decisions affect their lives.

"I'd like for these kids to see that the justices are just people doing their job," he said.

For high school senior Jean Paul Weaver, 17, seeing the judges and lawyers interact was an eye-opener, he said.

"I'm learning how it works. I thought it (oral argument) was going to be action-packed with lawyers yelling 'I object.' "

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