HomeMy WebLinkAbout10799ORDINANCE NO. 10799
AN ORDINANCE AMENDING ARTICLE 6, CHAPTER 1, OF
TITLE XI OF THE PUEBLO MUNICIPAL CODE TO ALLOW FOR
THE LAWFUL CONCEALED CARRY OF FIREARMS WITHIN
PUEBLO CITY HALL
WHEREAS, during the 2024 legislative session, the Colorado General Assembly passed
Senate Bill 24-131, codified at Section 18-12-105.3, C.R.S., which prohibits a person from
knowingly carrying a firearm, whether loaded or unloaded, in a courthouse or any other building
or portion of building used for court proceedings; and
WHEREAS, Section 18-12-105.3, C.R.S., also prohibits a person from knowingly
carrying a firearm, whether loaded or unloaded, on the property or within any building in which:
(i) the chambers or galleries of City Council is located; (ii) on the property or within the building
where a meeting of City Council is being conducted; or (iii) the property or within the building
where the official office of any member of a City Council or the Mayor is located; and
WHEREAS, Section 18-12-105.3(4)(b) C.R.S., authorizes City Council to enact an
ordinance permitting a person who holds a valid permit pursuant to Part 2, Article 12, Title 18,
located; the building where City Council conducts its meetings; or the building where members
s official offices are located; and
WHEREAS, this Ordinance does not prohibit enforcement or amend Ordinance 7020,
codified in Section 11-1-601, P.M.C., or any other law or regulation pursuant to Sections 18-12-
214 or 29-11.7-104, C.R.S., prohibiting a person from openly carrying a firearm in a building
the public that it is prohibited to openly carry firearms in the building or specific area; and
WHEREAS, this Ordinance does not permit a person to carry a firearm, whether loaded
or unloaded, in a courthouse or any other building or portion of building used for court
proceedings; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Title XI, Chapter 1, Article 6 of the Pueblo Municipal Code is hereby amended as
follows:
Sec. 11-1-601. - Carrying weapons.
(a)
Definitions. As used in this Section:
(1)
Firearm means any instrument or device capable of discharging bullets, cartridges or other
projectiles by explosive charge, excluding handguns as defined herein, but specifically
including and not limited to rifles, shotguns or other guns whose barrel, not including any
revolving, detachable or magazine breech, exceeds twelve (12) inches in length.
(2)
Handgun shall have the same meaning as set forth in Section 18-12-202(4), C.R.S.
(3)
Private property means any building or specific area not owned, possessed, managed or
controlled by the City.
(4)
Weapon means any instrument or device commonly and generally known to be capable of
inflicting serious bodily injury, excluding firearms and handguns as defined herein, but
specifically including and not limited to:
a.
Any dagger, dirk, knife or stiletto with a blade over three and one-half (3½) inches in length;
or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds;
b.
Any bludgeon, blackjack, billy club, sand club, sandbag or other hand operated striking
weapon consisting, at the striking end, of any encased piece of lead or other heavy
substance and, at the handle end, a strap or springy shaft which increases the force of
impact;
c.
Any cross knuckles, or knuckles of lead, brass or other metal; and
d.
Any stun gun or device capable of temporarily immobilizing a person by the infliction of an
electrical charge.
(b)
It shall be unlawful and a Class 1 municipal offense for any person, within the City, to carry a
firearm, handgun or weapon concealed on or about his or her person.
(c)
It shall be unlawful and a Class 1 municipal offense for any person to openly carry any firearm,
handgun or weapon in a building or specific area owned, possessed, managed or controlled by
the City at which the City has posted signs at the public entrances to the building or specific
area prohibiting the open carrying of firearms, handguns or weapons.
(d)
It shall be unlawful and a Class 1 municipal offense for any person to carry any firearm,
handgun or weapon upon the private property of another where signs have been posted at the
entrance to the private property prohibiting the carrying of firearms, handguns or weapons.
(e)
It shall not be a violation of any provision of this Section if, at the time of the act of carrying the
firearm, handgun or weapon, the defendant was:
(1)
A person in his or her own dwelling or place of business or on property owned by him or her
or under his or her control; or
(2)
A person in a private automobile or other private means of conveyance who carried the
firearm, handgun or weapon for hunting or lawful protection of his, her or another's person or
property while traveling; or
(3)
A sheriff, undersheriff, deputy sheriff, police officer, coroner, marshal, any officer, guard or
supervisory employee of any institution within the Colorado Department of Corrections, a
district attorney, assistant district attorney or deputy district attorney, an authorized
investigator of a district attorney or the attorney general, a probation or parole officer, an
officer or member of the Colorado National Guard while acting under call of the Governor in
cases of emergency or civil disorder, an agent of the Colorado Bureau of Investigation, a
wildlife conservation officer, a parks and recreation officer or a security guard employed by
this State.
(f)
It shall not be a violation of Subsection (b) of this Section, which prohibits the carrying of a
concealed handgun, if the defendant, at the time of the act of carrying the concealed handgun,
held a valid \[written\] permit to carry a concealed handgun pursuant to \[Section 18-12-105\] Part
2, Article 12, Title 18, C.R.S., as amended.
(g)
It shall not be a violation of Subsection (b) of this Section, which prohibits the carrying of
a concealed handgun, for a person to carry a concealed handgun within Pueblo City Hall,
if at the time of the act of carrying a concealed handgun, the person possessed a valid
permit to carry a concealed handgun pursuant to Part 2, Article 12, Title 18, C.R.S., as
amended.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective upon final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 09, 2024.
Final adoption of Ordinance by City Council on September 23, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 23, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: AN ORDINANCE AMENDING ARTICLE 6, CHAPTER 1, OF TITLE XI OF
THE PUEBLO MUNICIPAL CODE TO ALLOW FOR THE LAWFUL
CONCEALED CARRY OF FIREARMS WITHIN PUEBLO CITY HALL
SUMMARY:
Attached is a proposed Ordinance which amends Section 11-1-601 of the Pueblo
Municipal Code to allow the lawful concealed carry of firearms within City Hall.
PREVIOUS COUNCIL ACTION:
City Council approved Ordinance 7020, codified in Section 11-1-601 P.M.C., on July
28, 2003. Section 11-1-601 made it a Class 1 municipal offense for any person
to carry a concealed handgun within the City, unless the person holds a valid written
permit to carry a concealed handgun pursuant to Section 18-12-105, (sic) C.R.S.
Additionally, Section 11-1-601 made it a Class 1 municipal offense for any person to
openly carry a handgun in a City owned or controlled building or area, if the City posts a
sign prohibiting a person from openly carrying firearms within the City owned or
controlled building or area.
BACKGROUND:
During the 2024 legislative session, the Colorado General Assembly passed SB 24-
131, codified at Section 18-12-105.3, C.R.S., prohibiting the carrying of firearms in
certain government buildings. Section 18-12-105.3, C.R.S., makes it unlawful for a
person to carry a firearm, whether loaded or not loaded, in a courthouse or any other
building or portion of building used for court proceedings.
Additionally, Section 18-12-105.3, C.R.S., makes it unlawful for a person to carry a
firearm, whether loaded or not loaded, on the property or within any building in which:
conducted; or (iii) the official office of any member of a City Council or the Mayor is
located. However, Section 18-12-105.3, C.R.S., allows City Council to enact an
ordinance opting out of this portion of the statute, thereby permitting a person to carry a
concealed handgun within any building where
(ii) a meeting of City Council is being conducted; or (iii) the official office of any member
of a City Council or the Mayor is located.
If City Council chooses to opt out of the restrictions found in Section 18-12-105.3, the
ision in Ordinance No.
7020 (as authorized by Section 29-11.7-104, C.R.S.), prohibiting any person
from openly carrying a firearm in a City owned or controlled building or area, if the City
has posted a sign prohibiting the open carry of firearms within that building or area.
Additionally, if City Council chooses to opt out of the restrictions found in Section 18-12-
105.3, the opting out procedure shall have no effect on the portion of Section 11-1-601,
P.M.C., prohibiting any person from carrying a firearm, whether concealed or open, in a
courthouse or any other building or portion of building used for court proceedings.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
status quo.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. SB 24-131