Date: 02/09/2012

Final
BILL SUMMARY for HB12-1064

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 12-1064 to the Committee of the WPASS



03:16 PM -- House Bill 12-1064

Representative Stephens, prime sponsor, presented House Bill 12-1064 concerning the prohibition of limitations concerning firearms during an official state of emergency. The bill prohibits the state or any of its political subdivisions from limiting the otherwise lawful use, display, possession or transfer of ammunition or a firearm during an official state of emergency. During an emergency, lawfully possessed firearms and ammunition may not be seized or confiscated, except as necessary to make an arrest, to gather evidence for a crime, or for purposes of self-defense. Civil actions may be brought in order to return a seized firearm or ammunition and against a person acting on behalf of the state or a political subdivision.

Representative Stephens stated that the bill allows citizens to keep their firearms during an emergency. She spoke about Hurricane Katrina and stated that 31 states have passed similar legislation. She responded to questions from the committee.

03:29 PM -- Daniel Carey, representing the National Rifle Association, testified in support of the bill. Mr. Carey stated that the Second Amendment rights of citizens were violated during Hurricane Katrina and the bill protects Colorado citizens. He responded to questions from the committee. In response to questions, Mr. Carey stated that the bill is fine-tuned from other similar legislation in other states. Discussion ensued regarding the practical effects of the bill, given the executive branch's prerogative to declare a state of emergency and martial law.

03:41 PM -- Matt Arnold, representing himself, testified in support of the bill. Mr. Arnold stated that he witnessed the aftermath of Hurricane Katrina as a member of the Colorado National Guard. He expressed his opinion that the bill clarifies a citizen's Second Amendment rights. Mr. Arnold responded to questions from the committee about the circumstances in which a state of emergency may be declared. Representative Stephens stated that the bill applies regardless of the type of emergency.


03:59 PM

Discussion ensued among Representative Stephens, Mr. Arnold, and the committee.


04:09 PM

The committee, Representative Stephens, and Mr. Arnold continued discussing the bill.

04:19 PM -- Dudley Brown, representing Rocky Mountain Gun Owners and the National Association of Gun Rights, testified in support of the bill. Mr. Brown stated that Colorado does not have a system for registering firearms. He indicated that numerous state laws preempt the ordinances of home-rule cities.

04:27 PM -- Dave Gill, representing the Colorado State Shooting Association, testified in support of the bill.

04:30 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. Mr. Edmiston provided a handout to the committee (Attachment D) and responded to questions.

HseJud0209AttachD.pdf

04:32 PM -- Sheriff Chris Olson, representing the County Sherriffs of Colorado, testified in support of the bill.

04:33 PM -- Jimmy West, representing himself, testified in support of the bill. Mr. West stated that Hurricane Katrina is the perfect example of the state disregarding citizens' rights and, to this day, there is no clear path for people to recoup their damages.

04:36 PM -- Jim Sidebottom, representing the Firearms Coalition of Colorado, testified in support of the bill. Mr. Sidebottom responded to questions from the committee regarding whether there is any situation where citizens would like the help of the government to disarm someone. Mr. Sidebottom said he could not think of a situation in which Second Amendment rights should be abrogated.

04:44 PM -- Pam Volpe, representing herself, testified in support of the bill. Ms. Volpe spoke about people who suffered through Hurricane Katrina and stated that the bill will help citizens of Colorado.


04:49 PM

Representative Stephens summarized the bill and the committee discussed it further.
BILL:HB12-1064
TIME: 04:59:34 PM
MOVED:Nikkel
MOTION:Refer House Bill 12-1064 to the Committee of the Whole. The motion passed on a vote of 6-4, with 1 excused.
SECONDED:Sonnenberg
VOTE
DelGrosso
Yes
Duran
No
Kagan
No
Lee
Excused
Nikkel
Yes
Pabon
No
Ryden
No
Sonnenberg
Yes
Waller
Yes
Barker
Yes
Gardner B.
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS



04:59 PM

The committee took a brief recess.