CB Council may prohibit firearms on town property and parks

“I’ve seen people get pretty feisty…”

Under state and federal law, you are allowed to walk down Elk Avenue and carry a firearm on your hip. A current town ordinance prohibits that but the state law trumps Crested Butte’s law. So, the Town Council will consider an ordinance in March changing current town regulations that prohibit the open carry of firearms in Crested Butte.

Now under state law, the council can choose to prohibit firearms in town buildings and in places like the community parks. The council will see such a draft ordinance at the March 3 meeting.
Both Town Attorney John Belkin and Chief Marshal Tom Martin told the council they needed to change the law. “It is inconsistent with the state,” said Martin. “But it has been a non-issue with us. We have given zero citations over the matter. I don’t think there have been five warnings given in my career here. Citizens don’t know or care. The issue is the state law.”
“You do have the ability to restrict open carry of firearms in certain places under town control but they have to be posted with signs,” explained Belkin.
During the discussion over the matter at the February 18 council meeting, former town Councilperson John Wirsing said given state law and the U.S. Constitution, it seemed a pretty easy thing for the town to clean up the current ordinance and come into compliance with state and federal laws.
“Just abide by the Constitution,” he said. “I’d support that.”
He then went on to make the argument for allowing guns everywhere. “The fear of guns is perpetuated by the media and is out of hand,” he said. “Responsible gun ownership is important. Guns don’t do anything that a person doesn’t make it do. We are safer as a society when people can carry [a gun] and protect themselves.
“The idea of gun-free zones, including in schools, is not effective,” he continued. “Free people should be allowed to defend themselves.”
Wirsing went on to cite statistics and scenarios where responsible gun toting people were able to protect themselves and others around them, including at schools. He also cited some statistics that other inanimate objects such as hammers and cars could be as or more dangerous than guns.
“If people grasp the idea that handling guns responsibly and using them to protect one’s self is legitimate, then carrying a firearm is not scary,” he said “It’s like carrying a beacon in the backcountry.”
Retired doctor and local resident Al Vogul disagreed. “It’s important for the council to understand that in houses where there are handguns, there are simply more shooting injuries,” he said. “The argument that guns don’t do any harm is wrong. The problem is guns in the USA. And in homes with guns, gunshot injuries and deaths and the probability of successful suicides are significantly higher.”
“I was the one that started the issue when I emailed the town asking about the rules,” said Nils Freeman. “I just did it to make sure I wasn’t breaking the law. Wildlife was my main concern. I wanted to defend myself if I needed to when I was walking my dog. I don’t want to shoot a bear or wildlife and I didn’t mean this to get into this type of philosophical discussion.”
“I’m on the other side of the fence from Mr. Wirsing,” said Councilperson Jim Schmidt. “I don’t buy into some of the statistics you cited. I’ve been on this side of the council table for many years and I’ve seen people get really feisty out in the audience. I’ve been at softball games where people have come to blows. I’d hate to see someone be able to easily go to the next step. It’s really a non-issue. This is a safe town. I think it is reasonable to restrict [firearms] in public buildings and parks.”
“In the town hall and the town parks, open carry is not compatible with good government,” said Councilperson Glenn Michel. “In my experience with BOZAR, people can get amped up.”
“I find it difficult to believe someone would carry a gun on their hip to a BOZAR meeting,” said Councilperson Roland Mason. “If the motivation was to do harm, they would hide it. I don’t think that’s a real issue. If someone really wants to use a gun, they’ll hide it and do it.”
“Someone could wear a gun for purposes of intimidation,” said Mayor Aaron Huckstep. “It sets a tone. A lot of gun control issues are based in mental health issues really.”
“I think we could hear more public comment on this,” added Michel.
The council directed the staff and attorney to draw up an ordinance for discussion that would comply with state and federal laws but prohibit guns in town buildings and parks. The ordinance will be presented to the council on March 3.