Denver can regulate assault weapons, “Saturday night specials,” and the open carrying of guns because of a 3-3 deadlock in the Colorado Supreme Court, the Denver Post reports. The city argued that sweeping gun legislation passed by the state legislature in 2003 unconstitutionally pre-empted many of Denver’s own firearms ordinances. The split decision means that Denver can enforce its own firearm laws. governing these weapons, which the city has not done during the litigation.
Attorney Anne Gill was disappointed by the Supreme Court’s split decision. “We were attempting to uphold state laws that said state law would pre-empt local regulation so there would be uniform gun laws throughout Colorado,” she said. “Our position is that gun laws are a matter of statewide interest and that there is a huge benefit to having uniformity on gun laws throughout the state.” The 3-3 ruling came about because new Supreme Court Justice Allison Eid had argued the case as Colorado’s solicitor general and was disqualified from voting.