This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
DENVER - A divided Colorado Supreme Court on Monday let stand a ruling upholding Denver's controversial ban on assault weapons and other gun control regulations despite arguments that state weapons law trumps local ordinances.
The 3-3 vote, with new Justice Allison Eid abstaining, means Denver may resume enforcing ordinances it put on hold after two state laws were enacted in 2003 that were intended to pre-empt most local regulation of firearms.
But because it was a tie vote, the Supreme Court did not provide an ''ultimate ruling'' on questions concerning when a home-rule city can issue ordinances superseding state law, said Assistant City Attorney David Broadwell.
''All we have to go on today is the District Court opinions that came down in 2004, and those opinions were largely favorable to Denver's position in the case,'' Broadwell said. Many things argued in the case will probably be litigated again in the future in another context, he said.
He said city officials will meet with the City Council and law enforcement experts to determine whether to resume enforcing the assault weapons ban, a prohibition against openly carrying firearms and a requirement to safely store weapons to keep them away from minors.
A spokeswoman for Attorney General John Suthers declined to comment on specifics of the case, but said Suthers was pleased that statewide concealed-carry laws were still in effect. Denver had chosen not to contest those laws.