Recently, Law Shield learned that the City of Boulder and its Open Space and Mountain Parks (OSMP) division have been in direct violation of Colorado law by posting signs that prohibit the carrying of firearms.
Our Colorado members may remember that during the 2000 legislative session, C.R.S. 18-12-214 (1)(a) in its current form was enacted, and it preempted localities and municipalities from regulating the legal concealed carrying of a handgun by a license holder except for public buildings with certain security measures in place.
Since then, this law has been recognized 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 was 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 stated 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.
Our view: This local regulation is in direct violation of Colorado law and should be stopped. That may require that someone in Boulder sue the city in order to get a court to enjoin Carr’s efforts.