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HomeMy WebLinkAboutR22-093 Prohibiting the Open Carrying of Firearms on County Property DocuSign Envelope ID:D4594BDF-BB8D-4994-85BD-7B18AF8A04D0 Commissioner chandler-Henry moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022 - 093 RESOLUTION PROHIBITING THE OPEN CARRYING OF FIREARMS ON COUNTY PROPERTY WHEREAS, pursuant to Colorado Revised Statutes (C.R.S.) § 18-9-117, the Board of County Commissioners of Eagle County(the"Board") has the power to adopt regulations as are reasonably necessary for the administration, protection, and maintenance of county buildings and county property; and WHEREAS, pursuant to Colorado Revised Statutes C.R.S. § 29-11.7-104, the Board has the power to enact a regulation that prohibits the open carrying of a firearm in a building or specific area within the County's jurisdiction where the County posts signs at the public entrances to buildings or specific areas informing persons that open carrying of firearms is prohibited; and WHEREAS, pursuant to the above-referenced statutory authority, the Board desires to ban the open carrying of firearms, within and on all Eagle County property; and WHEREAS, it is the intent of the Board that this ban does not apply to Colorado law enforcement officers and Eagle County security personnel in the performance of their official duties, or to persons authorized by permit to carry a concealed firearm pursuant to C.R.S. § 18- 12-214; and WHEREAS, in order to preserve the public peace, health, safety, and welfare of the citizens and employees of Eagle County, and to protect the peaceful use of Eagle County property, the Board hereby takes the following action. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,the following Eagle County Regulations Prohibiting the Open Carrying of Firearms on County Property("Regulations") are hereby adopted: 1. The open carrying of firearms as defined in C.R.S. § 18-1-901(h), as amended, within any County Property is prohibited when the entrance to such building or specific area is posted with notification informing persons that the open carrying of firearms is prohibited in the building or specific area. DocuSign Envelope ID:D4594BDF-BB8D-4994-85BD-7B18AF8A04D0 2. Persons who are employed as law enforcement officers by any governmental entity within the state of Colorado, and persons who are authorized via contract with Eagle County to provide security for or within Eagle County Property, are exempt from the restrictions contained in these Regulations while in the performance of official duties. 3. Except as otherwise expressly provided herein, for purposes of these Regulations, "County Property" shall mean all Eagle County owned or leased public buildings, facilities and properties, the grounds on which buildings, facilities and properties are located, as well as any unimproved county-owned property, including but not limited to Eagle County Open Space lands. 4. The following buildings are expressly excluded from the definition of"County Property" as used in these Regulations: (a) Eagle County Justice Center at 885 Chambers Avenue, Eagle, Colorado (consisting of the Eagle Combined Courts, the Eagle County Sheriff's Office, and the Eagle County Detentions Center); and (b) Eagle County District Attorney's Office at 955 Chambers Avenue, Eagle, Colorado. The Eagle County Justice Center and Eagle County District Attorney's Office have separate and more restrictive firearms policies and regulations than set forth in these Regulations. 5. Violations of any provisions of these Regulations shall be a Class 2 Petty Offense. 6. Law enforcement officers are authorized to remove anyone from any County Property who is openly carrying a firearm in or at any County Property where notice has been posted at the public entrances that open carrying of firearms is prohibited. 7. These Regulations do not prohibit the concealed carry of a firearm pursuant to C.R.S. § 18-12-214 by persons who are lawfully issued a concealed carry permit recognized by the State of Colorado. 8. Should any section, clause, sentence or part of these Regulations be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect, impair or invalidate these Regulations as a whole or any part thereof other than the part so declared to be invalid. THAT,these Regulations are necessary for the administration, protection and peaceful use of County Property, and for the immediate preservation of the public health, safety and welfare. THAT,the Board intends for these Regulations to become effective immediately. DocuSign Envelope ID:D4594BDF-BB8D-4994-85BD-7B18AF8A04D0 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 29th day of November, 2022. �— DocuSigned by:COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS cotoaa%/ ,—DocuSigned by: ` pDocuSigned by: 'D 61-strit,tA, By: OlefbctuFthedioard of Xea a aeQnuieney County Commissioners Chair p—DocuSignedby::', IA f'I XatitY64 %;';sr'r-Henry Commissioner ,—DocuSigned by:4 Matt each 473.. Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry AyP Commissioner Scherr Aye This Resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado