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Council debates firearms ordinance changes after counsel cites state preemption
Summary
Council discussed first reading of Ordinance 11-18-2025-01, which would align local rules with state law allowing discharge of firearms on contiguous parcels of 25 acres or more; legal counsel warned the state has preempted local regulation and council members asked for parcel maps and neighborhood impact analysis.
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The Westminster City Council spent significant time in Monday’s meeting discussing proposed Ordinance 11‑18‑2025‑01, which staff says is intended to bring the city’s firearm‑related language into conformity with state law.
Legal counsel Keith told the council the state has largely preempted local regulation on this issue, citing a statute (he referenced it as “section 23‑31‑5‑10”) and explaining that municipalities cannot enact provisions that conflict with or attempt to regulate discharges on parcels of 25 contiguous acres or more: “No governing body of any county, municipality, or other political subdivision in this state may enact or promulgate any regulation … that regulates or attempts to regulate specifically land under discharging a firearm on their parcel of 25 acres or more,” he said.
Council members raised safety and notice questions. One council member, expressing concern about how many properties in the city exceed the 25‑acre threshold, asked for more information: “I started looking at some others…there would be one right near my house,” the member said, urging staff to produce a map and counts of nearby houses and schools. Another council member urged clarity about what the statute allows and stressed that private sporting clay ranges would still require police department approval under the draft language.
Staff said the ordinance language largely mirrors state statutory language and that, absent the statutory carve‑out, any municipal restrictions could be unenforceable. Several council members said they want a public‑facing map showing which parcels would be affected and additional neighborhood notice before further readings.
No final vote on adoption was recorded in the meeting; the matter was presented for first reading and discussion, and staff was asked to return with more detailed parcel and impact information before additional action.
