Date: 02/14/2006

Final
BILL SUMMARY for SB06-157

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Moved to postpone SB 06-157 indefinitely. The motPASS


10:33 AM -- Senate Bill 06-157

Senator Kester, prime sponsor, presented his bill. The bill concerns allowing valid Colorado concealed handgun permits to satisfy firearms transfer background check requirements and would amend the application procedure for concealed handgun permits to satisfy federal background check requirements. It would allow a person to satisfy the statutory background check requirements for transfers of firearms by presenting a valid Colorado concealed handgun permit to a gun show vendor.

10:37 AM --
John Patterson, Police Chiefs' Association of Colorado, spoke in opposition to the bill. Chief Patterson spoke about the difficulty of effectively revoking a concealed weapons permit. Roughly half of the sheriffs' departments in Colorado report concealed weapons permits to the Colorado Bureau of Investigation (CBI). There is no current database accessible by law enforcement officials to check the status of a concealed weapons permit and there is no mechanism for a gun show vendor to ascertain whether a permit is valid. I f a permit is revoked for a criminal infraction and the permit holder does not voluntarily return the permit to the sheriff's office, there is no procedure in place for retrieving it.

10:40 AM --
Diana Madarieta, Brady Campaign Against Gun Violence, spoke in opposition to the bill. Ms. Madarieta stated that this bill is an attempt by the gun lobby to take advantage of two loopholes in the federal law requiring background checks prior to the sale of firearms. She provided a packet of information to the committee discussing the opposition of Colorado Ceasefire to the bill (Attachment D). Ms. Madarieta responded to questions from the committee regarding the incidences of prohibited buyers obtaining guns.

10:48 AM --
John Head, private citizen, spoke in opposition to the bill. Mr. Head discussed Amendment 22, which was passed by Colorado voters in 2000, and closed the gun show loophole.

10:53 AM --
Marilee Posavec, Greater Denver Million Mom Chapter, spoke in opposition to the bill. Ms. Posavec spoke about her concerns with the shortcomings of the bill, which provides no provision for gun permit holders who move to a different jurisdiction.

10:55 AM --
Tom Mauser, spoke in opposition to the bill. Mr. Mauser stated that the bill allows individuals to bypass the background check requirement prior to the sale of a firearm. A concealed weapons permit is valid for five years and, in that time, information on the permit application becomes inaccurate. Mr. Mauser also pointed out that there is no process in place to revoke concealed weapons permits in cases where permit holders get into trouble. They simply cannot get a new permit when their current one expires. Mr. Mauser responded to questions from the committee regarding the likelihood of a permit carrier committing a crime after the background check is carried out. He finished by stressing that the voters want everyone who buys a gun in Colorado to go through a background check.

11:05 AM --
Mitch Morrissey, Denver District Attorney, spoke in opposition to the bill. Mr. Morrissey stressed the fact that a lot can happen in the five year period after which an individual acquires a concealed weapons permit. He reiterated testimony of prior witnesses regarding the issue of permit holders who commit crimes after their background checks.

11:07 AM --
Twanna LaTrice Hill, Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. Ms. LaTrice Hill stressed the testimony of prior witnesses regarding behavior that occurs after the date of a background checks.

11:12 AM --
Phil Barber, private citizen, spoke in opposition to the bill. Mr. Barber discussed loopholes in Colorado's gun laws.

11:14 AM --
Peg Ackerman, County Sheriffs of Colorado, took no position on the bill. Ms. Ackerman provided data regarding revoked permits (Attachment E). Ms. Ackerman discussed the processes various sheriffs have for revoking permits in the case of protection orders or other criminal warrants. The committee asked Ms. Ackerman questions regarding the failure of the County Sheriffs to take a position on the bill.

11:20 AM --
Anthony Fabian, Colorado State Shooting Association, spoke in support of the bill. Mr. Fabian explained the constituency of the Colorado Shooting Association. He stated that the bill is a simple benefit to Colorado gun owners and taxpayers. Mr. Fabian noted that none of the prior witnesses provided evidence that allowing concealed weapon permit holders to purchase firearms without a current background check. He also pointed out that none of the states that have a law like the one proposed in the bill have reported increased rates of gun violence. Mr. Fabian stressed that background checks for holders of concealed weapons permits are redundant and cost the taxpayers money. Mr. Fabian answered questions from the committee regarding the length of time it takes to do a background check at a gun show. The committee discussed the availability of handguns to individuals who are determined to acquire one, regardless of the law.

11:35 AM --
Steven Schreiner, Firearms Coalition of Colorado, spoke in support of the bill. Mr. Schreiner explained that the bill would ease the backlog at the CBI in regards to background checks, especially on weekends.

11:38 AM --
Marilyn Shuey, League of Women Voters, spoke in opposition to the bill. Ms. Shuey pointed out that voters in 2000 supported closing loopholes in Colorado gun laws and no evidence exists to show that the support has changed on the issue.


11:38 AM

Senator Kester made final comments about the bill.
BILL:SB06-157
TIME: 11:39:30 AM
MOVED:Gordon
MOTION:Moved to postpone SB 06-157 indefinitely. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
Yes
Traylor
No
Shaffer
Yes
Grossman
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS