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Broomfield Council schedules executive session on proposed gun laws

An executive session on enacting proposed gun ordinances is scheduled for Oct.18.
Broomfield City Council at a regular Council meeting Oct. 11, 2022.

*Editor's note: On Friday, the city and county announced the first reading for the proposed firearm ordinances on Nov. 1 would be rescheduled, and a second study session on the ordinances would be held that day instead.

Broomfield City Council unanimously agreed to hold an executive session Oct.18 to receive legal advice on eight proposed firearm ordinances.

Broomfield City and County Attorney Nancy Rodgers requested the executive session during the City Council meeting Tuesday.

Neither the public nor the media can attend executive sessions.

“The substance of the discussions cannot be shared as they are privileged communications between myself, as city and county attorney, and Council,” Rodgers said.

“It is common, particularly following a study session, but before an ordinance comes to Council for formal consideration, for me to provide legal advice on an issue,” she said. “Here, these sessions are important particularly given the other lawsuits on the assault weapon ban ordinances and high capacity magazine ban ordinances passed by other communities.”

The city and county is seeking the legal advice as Boulder County, Boulder, Superior and Louisville all face lawsuits over their new gun laws. Courts in Superior and Boulder County have issued temporary restraining orders to halt enforcement of the laws.

Broomfield’s eight proposed gun ordinances include:

  • Banning the possession and sale of large-capacity magazines, assault weapons and rapid-fire trigger activators; 
  • Regulating possession of “ghost guns” — firearms without serial numbers; 
  • Establishing the minimum age of 21 to possess a firearm; 
  • Requiring signs at businesses in any site where gun sales or transfers occur; 
  • Requiring a 10-day waiting period before the sale of guns; 
  • Prohibiting the open carry of firearms in public places; 
  • Prohibiting both open and concealed carry of firearms in public places such as government buildings, hospitals, theaters, parks and grocery stores; and
  • Updating municipal codes and definitions related to any gun regulation changes.

The proposed local gun ordinances would further tighten state and federal laws on gun control. State law mandates that local governments must be able to prove that someone knew about the local tighter laws, such as differing concealed carry laws, or should have known about them. This law is designed to reasonably protect those who are confused when carrying guns between jurisdictions.

City Council accepted public comment at a study session Sept. 20 on the proposed gun ordinances. Some community members told Council they support the stricter gun laws because they will make Broomfield safer. Other members of the public said the ordinances would only restrict responsible gun owners, not those who commit crimes.

At the Sept 20 study session, Jason Vahling, director of Broomfield’s Public Health and Environment, said the city and county will try to find better data on firearm deaths and injuries.

Public officials are still seeking more data, Rodgers said Tuesday.

Under Broomfield’s current city code, a person without a concealed carry license can only have a gun on their own property. Guns can’t be fired in the city, and open-carrying can’t occur anywhere that signs prohibit it.

State law bans machine guns, silencers, short shotguns and armor-piercing ammunition, among other types of guns. Concealed handguns are banned in schools.

Broomfield’s proposed gun ordinances are scheduled for a first reading at the City Council meeting Nov. 1.