Pikes Peak Firearms Coalition
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House Bill 13-1043: Concerning the Statutory Definition of a
Deadly Weapon (BAD) by Representative Foote.
Under current law, for the purposes of criminal law, a deadly weapon is
defined as a firearm, whether loaded or unloaded; a knife; a bludgeon; or any
other weapon, device, instrument, material, or substance, whether animate or
inanimate, that in the manner it is used or intended to be used is capable of
producing death or serious bodily injury. The bill modifies this
definition so that a firearm, whether loaded or unloaded, qualifies as a
deadly weapon regardless of the manner in which it is used
or intended to be used. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1048: Use of Deadly Force Against a Person who
Makes Unlawful Entry into a Business (GOOD)
by Representative Everett and Senator Grantham.
The bill extends the right to use deadly
force against an intruder under certain conditions to include owners,
managers, and employees of businesses.
Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1085: Concerning Changes to the Crimes Eligible for
Possession of Weapons by Previous Offenders (GOOD) by Representative
Buck and Senator Renfroe.
Under current law the crime of possession of weapons by previous offenders
applies to all felony convictions. The bill limits the felony application to
felonies under the victim's rights act, burglary, arson, or any felony
involving the use of force or the use of a deadly weapon. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1162: Concerning Allowing a Law-abiding Person to
Carry a Concealed Handgun without a Permit, and, in Conjunction Therewith,
Preserving Current Laws Restricting the Carrying of Firearms on School Grounds
by Concealed Permit Holders (GOOD) by Representative
Holbert and Senator Hill.
The bill allows a person who legally
possesses a handgun under state and federal law to carry a concealed handgun
in Colorado. A person who carries a concealed handgun under the authority
created in the bill has the same carrying rights and is subject to the same
limitations that apply to a person who holds a permit to carry a concealed
handgun under current law, including the prohibition on the carrying of a
concealed handgun on the grounds of a public elementary, middle, junior high,
or high school. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1169: Concerning Allowing a Valid Colorado
Concealed Handgun Permit to Substitute as an Otherwise Required Criminal
Background Check Pursuant to the Transfer of a Firearm (GOOD) by Representative
Humphrey and Senator Brophy.
The bill allows a person to satisfy
federal and state background check requirements for the transfer of a firearm
by presenting a valid Colorado concealed handgun permit. The bill amends the
application procedure for concealed handgun permits to satisfy federal
criminal background check requirements. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1187: Concerning the
inapplicability of certain federal firearms laws within Colorado (GOOD) by Representative
Landgraf and Senator Lundberg.
A statute, order, rule, or regulation of the U.S. government that becomes
effective on or after January 1, 2013, shall be unenforceable within Colorado
if the statute, rule, or regulation purports to impose a prohibition,
restriction, or limitation upon the possession of a firearm, firearm
accessory, or ammunition, including but not limited to a capacity or size
limitation or a registration requirement, that does not exist under the laws
of this state. An employee or agent of the U.S. government who enforces
or attempts to enforce a statute, rule, or regulation of the U.S. government
in violation of the provisions of the bill commits a class 1 misdemeanor.
The attorney general may defend a Colorado resident who is prosecuted by the
U.S. government for an alleged offense in violation of the provisions of the
bill. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1224: Concerning prohibiting
large-capacity ammunition magazines (BAD) by Representative
Fields and Senator Hodge. The
bill prohibits the sale, transfer, or possession of an ammunition feeding
device that is capable of accepting, or that can be readily converted to
accept, more than 10 rounds of ammunition or more than 5 shotgun shells
(large-capacity magazine). A person may possess a large-capacity magazine if
he or she owns the large-capacity magazine on the effective date of the bill
and maintains continuous possession of the large-capacity magazine. A person who sells, transfers, or possesses a large-capacity magazine in violation of the new provision commits a class 2 misdemeanor. A large-capacity magazine that is manufactured in Colorado on or after the effective date of the bill must include a serial number and the date upon which the large-capacity magazine was manufactured or assembled. The serial number and date must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after the effective date of the bill to bear identifying information in addition to the serial number and date of assembly. A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1226: Concerning Eliminating the Authority of a Concealed
Handgun Permit Holder to Possess a Concealed Handgun on the Campus of an
Institution of Higher Education. (BAD)
by Representative
Levy and Senator Heath. Under
current law, a person who possesses a valid permit to carry a concealed
handgun (permit) may do so in all areas of the state, with certain exceptions.
The bill creates a new exception stating that a permit does not authorize a
permit holder to possess a concealed handgun:
A permit holder who is employed or retained by contract by a public institution of higher education as a security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of the public institution of higher education while the permittee is on duty. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1228: Concerning Requiring
the Colorado Bureau of Investigation to Recoup the Cost of Performing an
Instant Criminal Background Check Prior to the Transfer of a Firearm (BAD) by Representative
Court and Senator Heath.
The Colorado bureau of investigation (CBI) shall impose a fee for performing
an instant criminal background check pursuant to the transfer of a firearm.
The amount of the fee shall not exceed the total amount of direct and indirect
costs incurred by CBI in performing the background check. The amount
collected as fees shall be transferred to the state treasurer for credit to
the instant criminal background check cash fund (fund), which fund is created
in the bill. Read Text of Bill (Requires Acrobat Reader) Status:
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House Bill 13-1229: Concerning Criminal
Background Checks Performed Pursuant to the Transfer of a Firearm (BAD) by Representative
Fields and Senator Carroll.
Unless a specified exception applies, before any person who is not a licensed
gun dealer transfers or attempts to transfer possession of a firearm, he or
she shall:
A prospective firearm transferor shall arrange for the services of one or more licensed gun dealers to obtain a background check. A prospective firearm transferee shall not accept possession of a firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer. A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm. A person who violates the new provisions commits a class 1 misdemeanor. Under current law, the clerk of the court of every judicial district and probate court in the state must periodically report to the national instant criminal background check system subject to specified court orders relating to mental health or substance abuse. The bill requires the clerk of the court to also report this information to the Colorado bureau of investigation. A court, upon becoming aware that the basis upon which a record of a mentally ill person reported by the clerk of the court does not apply or no longer applies, shall:
The bill sets forth a judicial process whereby a person who has been prohibited from possessing a firearm may apply or petition for relief from federal firearms prohibitions, as permitted by federal law. In granting relief to a petitioner, the court shall issue findings that:
If the court denies relief to a petitioner, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. In reviewing a denial, the court of appeals may receive additional evidence necessary to conduct an adequate review. Read Text of Bill (Requires Acrobat Reader) Status:
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Senate Bill 13-062: Concerning Establishing
Civil Liability for Certain Businesses That Prohibit the Carrying of Firearms
on the Business Premises (GOOD) by
Senator Lambert and Representative
Saine.
A private business entity shall be liable for damages in any civil action
brought by an invitee if:
"Private business entity" includes, but is not limited to, a tax-exempt, not-for-profit entity that conducts retail sales or provides retail services to the public. . Read Text of Bill (Requires Acrobat Reader) Status:
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Senate Bill 13-140: Concerning the
Inapplicability of Certain Federal Firearms Laws Within Colorado (GOOD) by
Senator Marble and Representative Saine.
An employee, agent, or agency of the state, including but not limited to a
peace officer, shall not enforce or attempt to enforce any statute, rule,
regulation, order, action, or act of the United States government that relates
to a firearm, ammunition, ammunition magazine, or firearm accessory that:
A statute, rule, or regulation of the United States government that becomes effective on or after January 1, 2013, shall be unenforceable within the borders of Colorado if the statute, rule, or regulation purports to:
The attorney general may defend a resident of Colorado who is prosecuted by the United States government for a violation of federal law relating to the manufacture, transfer, or possession of a firearm, an ammunition magazine, ammunition, or a firearm accessory if the firearm, ammunition magazine, ammunition, or firearm accessory at issue:
An employee or agent of the United States government who enforces or attempts to enforce a statute, rule, regulation, order, action, or act of the United States government commits a class 1 misdemeanor if the statute, rule, or regulation relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
Read Text of Bill (Requires Acrobat Reader) Status:
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Senate Bill 13-195: Concerning requiring certain applicants for
concealed handgun permits to complete a handgun training class on the physical
grounds where the certified instructor of the course offers the course (BAD)
by Senator Tochtrop and Representative May. Under current law, an
applicant for a concealed handgun permit is required to demonstrate competence
with a handgun. An applicant may demonstrate such competence through
various means, including the submission of a training certificate showing that
the applicant has completed a handgun training class. The bill provides that, for the purpose of the concealed handgun application process, a "handgun training class" does not include any firearms safety course that allows a person to complete any portion of the course:
Read Text of Bill (Requires Acrobat Reader)
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PPFC Note: While the PPFC believes that all
responsible firearm owners should receive proper training, we are opposed to
the legislature mandating the type of training. They could, for example,
enact a law that states the only approved CHP training will be given by a
certified instructor and only once per year at one location in the state.
While an extreme example, it illustrates what could happen if the legislature
starts mandating where training must be given. |
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Senate Bill 13-196: Concerning the
"Assault Weapon Responsibility Act" (BAD) by
Senator Morse and Representative Fields.
The bill concerns liability for the discharge of an assault weapon. It
defines an assault weapon as any firearm except:
The bill establishes strict liability against a person who discharges an assault weapon for damages caused by the discharge. It creates an exception for damages occurring within a dwelling if the assault weapon was used to defend the person or others from another person who was about to use physical force against the person or another person within the dwelling. The bill establishes certain exceptions to liability for an owner of an assault weapon. The bill establishes liability for a person who owns, obtains, or possesses an assault weapon for damages caused by the discharge of the assault weapon by a third person if the person was negligent in storing the assault weapon or allowing a third party to come into possession of the assault weapon. The bill establishes liability for a seller and transferor of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person:
The bill establishes liability for a seller, distributor, or manufacturer of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person sold or transferred the assault weapon in violation of any state or federal law. The bill requires sellers, distributors, and manufacturers to:
The bill specifies that failure to do so constitutes a violation of state law. The bill repeals the statutes that prohibit certain civil actions from being brought against manufacturers of firearms and ammunition. Read Text of Bill (Requires Acrobat Reader) Status:
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Senate Bill 13-197: Concerning preventing persons who have
committed domestic violence from possessing firearms (BAD) by
Senator Hudak and Representative McCann. When a court subjects a person to a protection order to
prevent domestic violence or a protection order that prohibits the person
from possessing or controlling firearms or other weapons, or the court
convicts a person of a misdemeanor or felony domestic violence offense, the
court shall require the person to relinquish any firearm or ammunition in the
person's immediate possession or control or subject to the person's immediate
possession or control. In the case of a person who is served in court with a
protection order to prevent domestic violence, and in the case of a person
who is served with a mandatory protection order prohibiting the person from
possessing or controlling firearms or other weapons, the person must
relinquish any firearm or ammunition within 24 hours. In the case of a person
who is served outside of the court with a protection order to prevent
domestic violence, the person must relinquish any firearm or ammunition
within 48 hours. However, a court may allow a person up to 72 hours to comply
if the person demonstrates to the satisfaction of the court that he or she is
unable to comply within 24 or 48 hours, as applicable. To satisfy the requirement, the person may:
If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court, as a condition of the person's sentence, shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the person may be released from such incarceration or custody. If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:
A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order. Read Text of Bill (Requires Acrobat Reader) Status:
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The GOOD and BAD ratings are by Bernie Herpin after reading the bills and taking into consideration what others have said.
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Page last updated: 04/27/2013
