The state Court of Appeals upheld
Denver's gun laws Thursday, ruling a Denver businessman does not
have a right to carry a gun without a permit.
Donald Trinen had challenged the validity of Denver's weapons
ordinances, saying he has a right to carry an unconcealed gun in
Denver and a concealed firearm in his vehicle. He had requested
a court ruling.
Trinen contended the ordinances violated his state
constitutional right to bear arms. He argued requirements that a
gun be carried away from home only if there is a "direct
and immediate threat" was too restrictive.
He said the law unfairly would require him to prove his
innocence if charged with a crime, but the court rejected his
claim.
Judge Arthur Roy dissented, saying the
ordinance is unconstitutional because it is too broad and
infringes on a constitutionally protected right.
Roy said the state constitution
guarantees that "all persons have certain natural,
essential and inalienable rights, among which may be reckoned
the right of enjoying and defending their lives and liberties;
of acquiring, possessing and protecting property; and of seeking
and obtaining their safety and happiness."
"These rights include the right to
defend and protect lives, liberties, and property. They are
recognized, not granted, by the Constitution and have their
origin in nature independent of any express provision of
law," Roy said.