Bill Summary for Bill Number HB09-1180

Date: 03/16/2009

Final
BILL SUMMARY for HB09-1180

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.004 (Attachment A). Th Adopt prepared Amendment L.005 (Attachment B). Th Refer House Bill 09-1180, as amended, to the Commi	Pass Without Objection PASS PASS

01:33 PM -- House Bill 09-1180

Senator Brophy, bill sponsor, discussed House Bill 09-1180 concerning allowing Colorado concealed handgun permits to satisfy background check requirements for transfers of firearms. Senator Brophy also distributed Amendments L.004 and L.005 (Attachments A and B). He indicated that the bill was amended in the House and Amendment L.005 would revert the bill back to the original form. Amendment L.004 concerns the expiration date for concealed weapons permits. The committee discussed the specifics of background checks and whether or not the concealed weapons permit constitutes a background check for the purposes of purchasing a gun at a gun show or at a store.

01:41 PM -- Tom Hill, representing the County Sheriffs of Colorado, spoke in support of the bill. He noted that they support the bill in its original form. He indicated that the sheriffs were not in favor of the bill as introduced, but they did not testify at the House meeting.

01:42 PM -- Peg Ackerman, representing the County Sheriffs, spoke about the bill. She stated that the sheriffs were opposed to the bill as introduced. Ms. Ackerman explained that the sheriffs may not be able to determine if the concealed weapons permit is valid because not all sheriffs put the concealed weapon permit information info into the Colorado Bureau of Investigation (CBI) database. Because of this, an individual may have a permit that is not currently valid and a proprietor of a gun store would not be able to immediately check to see if it is valid.

01:45 PM

Senator Morse asked about checks on the street when people produced concealed weapons permits. Ms. Ackerman indicated that the process would be to check the database and if the information is not in the database then further research would be conducted with the issuing sheriffs office. She discussed the issue of forged concealed weapons permits. Senator Hudak asked if a background check is required at a gun show. Senator Lundberg asked about which sheriffs do not enter the information into the CBI database. Senator Carroll asked about the current punishment for presenting a revoked or forged permit. The committee discussed the specifics of background checks and concealed weapons permits.

01:58 PM

Senator Newell raised the issue of forged documents being used at gun shows. Senator Brophy discussed the backlog for background checks at gun shows and stated that this bill is a convenience for people who have concealed weapons permits.

02:02 PM -- Annmarie Jensen, representing the Colorado Association of Chiefs of Police, spoke about the bill. She stated that the chiefs are neutral on the bill as it is now, but they do not support the introduced version. As such, they are opposed to the bill if the proposed amendments were to pass. She discussed federal laws and whether or not this bill would be in violation of federal firearms laws. She noted that the Instacheck service is overloaded; however, a solution to that could be to assess fees on users of the Instacheck service.

02:09 PM -- Steve Schreiner, representing the Firearms Coalition of Colorado, spoke about the bill. He stated that he believes that the bill in its current form would lay the groundwork for creating a statewide database.

02:14 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, spoke about the bill. She stated that the coalition is neutral on the bill in its current form, but they were opposed to the original form. She noted that she believes that there were over 100 revocations of concealed weapons permits in 2008 and some of those were for people who have protection orders. She discussed the process for revoking concealed weapons permits.

02:22 PM

Senator King asked about instances where individuals have used concealed weapons in a domestic violence situation. The committee continued to discuss the specifics of the bill.

02:31 PM

Senator Brophy concluded his presentation of the bill. Richard Sweetman, representing the Office of Legislative Legal Services, spoke about the bill. He described Amendment L.004. According to Mr. Sweetman, current statute gives people six months to renew their permit and the amendment changes that to make the expiration date more clear. He noted that, as amended, the bill should be acceptable under federal firearms law.


BILL:	HB09-1180
TIME:	02:38:15 PM
MOVED:	King K.
MOTION:	Adopt prepared Amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1180
TIME:	02:38:37 PM
MOVED:	King K.
MOTION:	Adopt prepared Amendment L.005 (Attachment B). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1180
TIME:	02:49:24 PM
MOVED:	King K.
MOTION:	Refer House Bill 09-1180, as amended, to the Committee of the Whole. The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS