A final reminder: tonight’s Council meeting will include a courtesy public hearing about the Denver Union Station Master Plan Supplement and the creation of the Denver Union Station Project Authority. If you’d like to speak out on either issue, fill out a speaker card during the recess of tonight’s meeting (which begins at 5:30 p.m.). Judy plans to vote for approval in both cases.
Last week the Supreme Court struck down two Washington D.C. gun-control ordinances. Does the ruling affect Denver’s own gun-control laws? The city attorney’s office weighs in with this perspective:
“This ruling does not affect any of Denver’s existing firearms ordinances in our opinion because:
- Under our own state constitution, citizens of Colorado already enjoy an individual right to have firearms for personal self protection, so today’s ruling did not really set a new legal principle in our state any different from what the law was before. All of our laws have been crafted to honor this basic right, especially to honor the right for people to keep guns in their homes and businesses for self protection, and indeed several of our ordinances have already withstood court challenges under state law.
- Our laws are quite different from the D.C. laws that were invalidated in this case. In particular, Denver has never gone nearly so far as to attempt to ban all handguns. The D.C. requirement that all guns be disassembled or stored with a trigger lock goes well beyond our own “safe storage” law, which is more narrowly tailored toward prohibiting access to guns by juveniles, and which contains an express exception for incidents where firearms are used in self-defense.
- Even while the court recognized the individual right of citizens to keep and bear arms, they also expressly acknowledged that this right is subject to reasonable regulation by state and local governments (similar to the way the First Amendment right to free speech is subject to regulation on the basis of time place and manner.) The court indicated that things like concealed carry restrictions, background checks, and prohibition of guns in government buildings as the sort of things that would pass muster in the future. In summary, the D.C. ordinances just went too far.”
