Recently, it was brought to our attention that the City of Boulder and their Open Space and Mountain Parks (OSMP) division have been in direct violation of Colorado law by posting signs that prohibit the carrying of firearms.
During the 2000 legislative session, a law was enacted that preempted localities and municipalities from regulating the legal concealed carrying of a firearm except for certain sensitive areas of the state. Since then, this law has been recognized and reaffirmed in subsequent court rulings, City and County of Denver v. State, No. 03-CV-3809 (Colo. Dist. Ct. Nov. 5, 2004) and Regents of the University of Colorado v. Students for Concealed Carry on Campus, LLC(2012 CO 17. No. 10SC344).
Both of these cases, one of which by the highest court in the state, have ruled that the lawful carry of a firearm by a valid concealed carry permit holder can only be regulated in very narrow circumstances and that places such as the OSMP in Boulder do not qualify for this exemption.
Boulder City Attorney Tom Carr brazenly stated today that he has no plans to remove these signs, stating that a person cannot carry a firearm in the OSMP of Boulder and that he will continue to enforce this local regulation. This local regulation is in direct violation of Colorado law. The willingness to openly defy this court-tested statute is just another example of the anti-gun crowd in Colorado erroneously going after law-abiding gun owners and sportsmen while ignoring potential solutions that would address violent crime.
Please call AND e-mail Boulder City Attorney Tom Carr and politely ask that he remove these signs as they are in violation of state law and illegally deceive law-abiding concealed carry permit holders in Colorado.
Tom Carr
Boulder City Attorney
Phone: 303-441-3020
E-mail: [email protected]
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