SigMatt
Ultimate Member
CharlieFoxtrot,
I don't see a conflict or problem in any case. I live in MoCo and I am always engaged in going to or from a target range when I am transporting. Plus I always follow state and Federal transport laws to the letter and to excess (no loaded magazines, ammo in separate bag/box, all gun cases locked with padlocks, guns inside the cases have cable locks on them). I am very paranoid about violating such laws because of my residency status.
As to "blue guns", 57-10 wouldn't apply. Quite simply, a gun shaped piece of rubber isn't a gun by any legal definition I can find in this state. Might scare the sheep because I am carrying something that looks like a gun but it would be plainly obvious to anyone (especially a LEO) that it was not. Especially considering I wouldn't be waving it around in any manner to suggest "gun like" qualities.
Would carry such a rubber replica on your hip in a car even be a violation of any law? Annoying a police officer because he doesn't like your rubber toy I think qualifies. Pissing off the LEO's is not the idea here; getting the sheep gaze up from the grass is.
If the MoCo ordinance is invalid, it should be repealed or struck from the books. If someone was arrested under its provision, state preemption rules and the manner of carriage was in compliance with state rules, would that not be an affirmative defense against a charge under the (illegal) MoCo rule?
Interesting stuff. I didn't expect this type of response. It's fun to make people think. I enjoy it.
Matt
I don't see a conflict or problem in any case. I live in MoCo and I am always engaged in going to or from a target range when I am transporting. Plus I always follow state and Federal transport laws to the letter and to excess (no loaded magazines, ammo in separate bag/box, all gun cases locked with padlocks, guns inside the cases have cable locks on them). I am very paranoid about violating such laws because of my residency status.
As to "blue guns", 57-10 wouldn't apply. Quite simply, a gun shaped piece of rubber isn't a gun by any legal definition I can find in this state. Might scare the sheep because I am carrying something that looks like a gun but it would be plainly obvious to anyone (especially a LEO) that it was not. Especially considering I wouldn't be waving it around in any manner to suggest "gun like" qualities.
Would carry such a rubber replica on your hip in a car even be a violation of any law? Annoying a police officer because he doesn't like your rubber toy I think qualifies. Pissing off the LEO's is not the idea here; getting the sheep gaze up from the grass is.
If the MoCo ordinance is invalid, it should be repealed or struck from the books. If someone was arrested under its provision, state preemption rules and the manner of carriage was in compliance with state rules, would that not be an affirmative defense against a charge under the (illegal) MoCo rule?
Interesting stuff. I didn't expect this type of response. It's fun to make people think. I enjoy it.
Matt