Gun control and the regulation of concealed carry permits are topics that have generated a lot of interest across the nation. Laws vary greatly and gun laws in the city of Denver, may be somewhat different from the rest of Colorado.
What may be lawful in one state may be unlawful in another including, but not limited to, the ability to lawfully carry a firearm, openly or concealed, with or without a permit.
Due to the already complex nature of the laws from state-to-state, when towns and cities make local rulings in regards to gun laws, it can get even more confusing to have separate laws within one state.
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In states that do not have state preemption laws, local towns and cities may have differing local laws and ordinances.
In Colorado, courts have upheld the right of the city of Denver to ban certain guns classified as "assault weapons." The city council classifies "assault weapons" as all firearms or guns with specific characteristics, including semiautomatic guns with a detachable magazine with a capacity of 21 or more rounds. There is also a list of prohibited guns defined as "assault weapons" in Denver Code Section 38-130.
A few notes on Denver's assault weapon ordinance were that certain elements were found to be unconstitutionally vague by the Colorado Supreme Court, in Robertson v. Denver.
The court otherwise upheld the ordinance as constitutional under the Colorado Constitution's right to keep and bear arms clause, Article 2 section 13. It was remanded to the trial court for a decision on whether or not 38-130(h) is unconstitutionally vague.
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According to the amendment in 2007, the same firearm (gun) and all others on the previous list are now allowed in Denver with certain exceptions — namely those with a high capacity magazine of 21 or more rounds.
So, an AR15 with a 20 round magazine is not considered an "assault weapon" by Denver's ordinance. However, that same rifle with a magazine with a capacity of 21 or more rounds is considered an "assault weapon." State Law changed to apply a further magazine capacity restriction to 15 rounds effective July 2013.
It is stated under Denver law that it shall be an affirmative defense for any charges brought under this section for the transportation of an assault weapon, even by a non-resident traveling through the city in legal possession of it.
Even if you are in compliance of the federal law, you may still have your gun confiscated and find yourself facing legal issues. The federal law allows the interstate transportation of firearms, including handguns, when the unloaded firearm is in a locked container not readily accessible by any of the occupants (excluding the glove box or console) such as the trunk, completely separated from ammunition.
This article does not constitute legal advice. Check the current gun laws before purchasing or traveling with a firearm.
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