Denver is once again it’s own country
A while back, it was ruled that Denver could enact a politically incorrect dog ban despite state law to the contrary. Now, the same has happened with a ban on weapons that look like assault weapons:
A divided Colorado Supreme Court on Monday upheld Denver’s ban on assault weapons, despite arguments that state weapons laws should trump city ordinances.
The 3-3 vote, with one justice abstaining, ended a high-profile fight between Colorado’s largest city and state officials over two state laws enacted in 2003 that pre-empted local regulation of firearms in favor of uniform state regulation.
The city sued the state, claiming the laws violated its rights to regulate matters of local concern.
Denver District Judge Joseph Meyer III ruled in 2004 that the city had to conform to some parts of the state laws, but he said the city could bar the sale of assault weapons and so-called Saturday night specials despite state laws prohibiting local governments from banning weapons that are otherwise legal under state and federal law.
Both the city and the state appealed Meyer’s ruling.
The Supreme Court said that because of its tie vote, the lower court’s ruling stands. It gave no legal opinion or analysis of the issues.
June 6th, 2006 at 7:48 am
So the cities have to obey all state laws, except when it comes to guns. It must be nice to be able to make the rules up as you go along. If you don’t like them, you simply change them to suit your fancy.
June 6th, 2006 at 8:16 am
Guns and dogs.
June 6th, 2006 at 7:20 pm
What’s really stupid about this is that Denver is perfectly happy to go by state law when it suits them, as in prosecuting users of medical marijuana.