Date: 02/02/2015

Final
BILL SUMMARY for HB15-1086

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 15-1086 indefinitely. The moti
Refer House Bill 15-1086 to the Committee on Finan		PASS
FAIL



08:43 PM -- HB15-1086

Representative Neville, sponsor, presented House Bill 15-1086 concerning requiring the Colorado Bureau of Investigation to facilitate lawful transfers of firearms by timely producing certificates for transferees. The bill requires the Colorado Bureau of Investigation (CBI) in the Department of Public Safety (DPS) to provide certificates for persons transferring certain weapons when required by federal law. Under the bill, if a prospective transferee requests a certificate, the CBI must, whin five days, produce the certificate or provide a written explanation for a denial. The CBI is not permitted to retain copies of issued certificates unless the model or serial number of the weapon is redacted from the certificate. If the CBI denies a certificate, the prospective transferee may seek judicial review of the denial in lieu of or subsequent to any second review by the director of the CBI. Any judicial reviews are to be conducted in accordance with the Colorado Rules of Civil Procedure and the CBI has the burden of proving by a preponderance of evidence that the prospective transferee is ineligible to posses a certificate. The bill provides for a court award of attorneys fees to the prevailing party.

Representative Neville answered questions from the committee regarding the provisions of the bill.

08:50 PM -- Ron Sloan, CBI Director, spoke in opposition to the bill. He discussed his concerns with the bill and said that local officials should maintain control of gun transferee certificates.

Director Sloan answered questions from the committee regarding the special procedures for transferring machine guns, destructive devices, and certain other weapons.

08:56 PM -- James Bardnell, representing Rocky Mountain Gun Owners, spoke in support of the bill. He provided information on the current federal regulation of certain weapons and destructive devices.

Mr. Bardwell answered question from the committee regarding certificate transactions.

09:07 PM -- Eileen McCarron, representing the Colorado Ceasefire Capital Fund, spoke in opposition of the bill. She discussed her concerns with changes to the certificate requirements proposed in the bill.

Ms. McCarron answered questions about the chief law enforcement officer of the state.

09:12 PM -- Chad Bentfield, representing himself, spoke in favor of the bill. He discussed the use of a suppressors in relation to firearms.

09:17 PM -- Michael McGuire, representing himself, spoke in opposition to the bill. He described the impact of destructive devices.

09:20 PM -- Kerry White, Legislative Council Staff, testified regarding the fiscal note. She answered questions regarding the definition of a chief law enforcement officer and the requirements of the applicant.

09:25 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, spoke in favor of the bill.

09:26 PM -- James Cook, representing U.S. Law Shield, spoke in favor of the bill. He reiterated comments from prior testimony.

Mr. Cook answered questions from the committee regarding the certificate approval process.

09:32 PM -- David Kopel, representing himself, spoke in favor of the bill. He reiterated comments from prior testimony.

The committee members provided comments on the bill.

BILL:HB15-1086
TIME: 09:42:40 PM
MOVED:Neville P.
MOTION:Refer House Bill 15-1086 to the Committee on Finance The motion failed on a vote of 4-7.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB15-1086
TIME: 09:45:44 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1086 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS