Date: 02/20/2014

Final
BILL SUMMARY for HB14-1230

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment I). The motion p
Adopt amendment L.002 (Attachment H). The motion p
Postpone House Bill 14-1230 indefinitely. The moti
Refer House Bill 14-1230, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS
FAIL



04:06 PM -- HB14-1230

The committee recessed.


04:13 PM

The committee returned to order. Representative Buck, prime sponsor, presented House Bill 14-1230, concerning the restoration of the right to carry a firearm by certain felons. Representative Buck discussed previous efforts to enact legislation similar to House Bill 14-1230, and explained the intent of the legislation. Committee members received copies of two letters supporting the bill (Attachments E and F). Discussion ensued regarding the list of felonies for which a certificate of firearms restoration may be issued under the bill. The following persons testified regarding House Bill 14-1230:

14HseJud0220AttachE.pdf14HseJud0220AttachE.pdf 14HseJud0220AttachF.pdf14HseJud0220AttachF.pdf

04:20 PM -- Ms. Jacqui Shumway, representing Colorado Ceasefire, testified in opposition to the bill. Ms. Shumway discussed the potential impact of firearms being used by convicted felons, and the potential impact of firearms restoration on a convicted felon's employment potential. She questioned the desire of a felon to carry a firearm, and questioned the need for a safety clause in the bill. In response to questions, Ms. Shumway clarified her testimony, and provided an example of a misdemeanor charge being pleaded up to a felony. Ms. Shumway responded to questions about instances under which the right to carry firearms should be restored to convicted felons. Ms. Shumway provided her organization's position on firearms ownership in general. Committee members received a table compiled by the Department of Corrections showing the number of nonviolent offenders who were released without reentering the prison system over a five-year period (Attachment G).

14HseJud0220AttachG.pdf14HseJud0220AttachG.pdf

04:32 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Jackson discussed the potential ramifications of allowing certain convicted felons to have their right to carry a firearm restored. Chief Jackson responded to questions regarding which types of felony convictions should provide for the restoration of firearms ownership after the sentence is served. Discussion ensued regarding certain crimes that are determined to be nonviolent, and how a nonviolent offender would be categorized in criminal databases once he or she had the right to firearms restored under the bill.


04:44 PM

Discussion ensued regarding certain nonviolent crimes that are classified as felonies, and the types of felonies that are covered by House Bill 14-1230. Discussion followed regarding the ability of felons who have served their sentences to vote in elections, and the number of persons in Colorado that have been deprived of their ability to carry firearms based on a felony conviction. Discussion turned to the number of convicted felons from other states who might take advantage of the firearms carry rights in the bill, and whether the bill may run afoul of federal law.

04:53 PM -- Ms. Eileen McCarron, representing herself, testified in opposition to House Bill 14-1230. Ms. McCarron supported the idea of restoring convicted felons to society, but spoke against felons legally accessing guns. She characterized some of the felonies covered by the bill as not being victimless or nonviolent. Ms. McCarron countered some of the anecdotes she has heard about nonviolent felonies.

04:58 PM -- Mr. Jim Rea, representing himself, testified in support of the bill. Mr. Rea explained that he is a convicted felon based on the failure to pay sales tax, and explained that he does not necessarily agree that punishment for certain crimes should be life-long. He explained that his work sometimes requires him to euthanize animals, and not being able to use a firearm to do so complicates this duty. Mr. Rea clarified the crime for which he was convicted of a felony.

05:08 PM -- Mr. Terry Ryan, representing himself and his clients, testified in support of House Bill 14-1230. Mr. Ryan explained that he has a number of clients with felony convictions who have been deprived of their right to carry a firearm, and provided an example of such a felon. Mr. Ryan explained that restorations of rights in foreign jurisdictions are honored in Colorado, and supported the bill as a reasonable solution to the problem he described. He explained that safeguards are in place to allay the fears of the bill's opponents. Discussion ensued regarding the propriety of allowing certain felonies to fall under the scope of the bill.

05:19 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain discussed the efforts of her organization in the area of offender reintegration into society, and explained that firearms are the only area where a felon's constitutional rights are legally abridged in perpetuity. Ms. Cain explained how the bill has changed from similar legislation that was not adopted in 2013, and discussed the potential for amending the bill to remove additional felonies from its scope. Discussion ensued regarding the propriety of allowing certain felonies to fall under the scope of the bill, such as human trafficking.


05:29 PM

Discussion continued regarding the propriety of allowing certain felonies to fall under the scope of the bill, and the potential for amending certain crimes out of the bill. Discussion followed regarding excluding certain classes of felonies from the permissive provisions of the bill.

05:39 PM -- Sheriff Kirk Taylor, representing the County Sheriffs of Colorado, testified in support of House Bill 14-1230. Sheriff Taylor explained that he feels there are some felons who should have available a process to have their firearms rights restored. Sheriff Taylor explained how his organization arrived at its position on the bill.

05:43 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes discussed the collateral consequences that attend to a felony conviction, and spoke against the "one size fits all" approach to criminal justice. Ms. Maes explained that the bill is a departure from that approach. Ms. Maes responded to questions regarding the inclusion of felony human trafficking among those felonies that would be eligible for firearms restoration under House Bill 14-1230, and the potential for amending the bill to remove certain offenses from its scope. Ms. Maes responded to questions regarding the potential for a right to be secured and protected from retroactive amendment by the bill if a future legislature were to further constrain felony firearms ownership.

05:52 PM -- Mr. Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of House Bill 14-1230. Mr. Edmiston discussed his work in the area of helping to reintegrate convicted felons into society, and noted some other states that allow firearms restoration rights for certain convicted felons.

05:58 PM -- Mr. Thomas McAdam, representing himself, testified in support of the bill. Mr. McAdam discussed the restoration to society of nonviolent felons who have made mistakes. He explained how his son was convicted of a felony, and discussed the elements of his sentence. He discussed his son's reintegration into society, and his son's attempts to gain employment in firefighting.


06:11 PM

Mr. McAdam continued to discuss his son's reintegration into society.


06:14 PM

Representative Waller explained the effect of prepared amendment L.002 (Attachment H).

14HseJud0220AttachH.pdf14HseJud0220AttachH.pdf
BILL:HB14-1230
TIME: 06:14:59 PM
MOVED:Waller
MOTION:Adopt amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:Lawrence
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:16 PM

Representative Buck explained the effect of prepared amendment L.001 (Attachment I).

14HseJud0220AttachI.pdf14HseJud0220AttachI.pdf
BILL:HB14-1230
TIME: 06:16:35 PM
MOVED:Murray
MOTION:Adopt amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:Gardner
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:17 PM

Representative Buck provided closing remarks in support of House Bill 14-1230. Various committee members explained their votes on the bill.
BILL:HB14-1230
TIME: 06:20:08 PM
MOVED:Lawrence
MOTION:Refer House Bill 14-1230, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:Murray
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB14-1230
TIME: 06:23:53 PM
MOVED:Kagan
MOTION:Postpone House Bill 14-1230 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Waller
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



06:24 PM

The committee adjourned.