Now, the News printed false information about Stanley's act of civil disobedience. On December 15, Stanley gave a talk at Lincoln Park (across the street from the Capitol) about the historical significance of the Second Amendment. Then he holstered a loaded handgun and got arrested. He got arrested for carrying the gun openly on his hip, which the city of Denver believes is illegal.

Unfortunately, John C. Ensslin of the News reported December 18, "Duncan Philp and Rick Stanley said they plan to use their arrests to challenge the constitutionality of Denver's ban on carrying concealed weapons." That's flat-out untrue, and it's irresponsible reporting. Ensslin said the News would print a correction.

(The story may be found at http://www.rockymountainnews.com/drmn/local/article/
0,1299,DRMN_15_912530,00.html.)

Fortunately, the rest of the story was better. Ensslin reported, "Stanley, a Libertarian candidate for U.S. Senate, alerted the media in advance of the arrests that he intended to challenge the law.

"Their lawyer, Paul Grant, contends the ordinance contradicts language in the state constitution regarding Coloradans' right to bear arms.

"'It's always been at odds,' Grant said Monday. 'I look forward to using the case to check and see if we can't get this ordinance struck down.'

"Judges in both Denver County and District Courts have previously upheld the ordinance, said Assistant City Attorney Kurt Stiegelmeier. There is a case currently pending before the Colorado Court of Appeals that seeks to appeal those lower court rulings, he said."

Article II, Section 13 of the Colorado Constitution states: "The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons."

It is clear, then, that the Denver ordinance banning open carry of weapons is a direct violation of the Colorado Constitution. My understanding is that Grant will challenge the ordinance based on that section.

The Colorado Constitution leaves it to the legislature to make rules about concealed carry. Currently, concealed carry permits issued anywhere in the state are valid everywhere in the state, Denver included.

Of course, Stanley argues the city ordinance also violates the Second Amendment of the U.S. Constitution. I think he's right, especially in light of the Fourteenth Amendment. I don't know if Grant intends to make that argument in court.

The Stanley campaign has encouraged people to send a letter to the News explaining that Stanley was arrested for open carry, not concealed carry. A citation of the Colorado Constitution would probably be helpful. Letters must include a phone number and street address. They may be sent to letters@rockymountainnews.com . Short, polite letters have the best chance of being published.

I was at the Bill of Rights Day celebration on December 15. It was a strange thing, watching over a dozen police officers storm the park to arrest a friend. On that day I was very proud of Rick Stanley.

For more information and photographs about the event, see http://www.lpcolorado.org/cl/2001/12billofrights.html.