Second Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 08-0047.01 Michael Dohr SENATE BILL 08-049 SENATE SPONSORSHIP Windels, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning measures to prevent injuries resulting from the unsupervised access to firearms by minors, and, in connection therewith, reducing the incidence of teenage suicide. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Makes it an unclassified misdemeanor if: A person keeps a firearm within any premises that are under his or her custody or control; and He or she knows or reasonably should know that a minor is able to gain access to the firearm without the permission of the minor's parent or legal guardian; and The minor obtains access to the firearm; and The minor uses the firearm to cause death or serious bodily injury to himself, herself, or another person or carries the firearm to a public or private school or to any school-sponsored event. Outlines exceptions to the crime. Requires a licensed gun dealer to provide a written warning regarding storage requirements for a firearm to each person to whom the dealer sells or transfers a firearm and to post the same warning at each purchase counter. Requires a gun show promoter to post the same warning at each entrance of a gun show. Directs the director of the office of suicide prevention in the department of public health and environment to convene a workgroup to make recommendations to the general assembly regarding the language of the warning and any other issues. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that: (a) Lives lost due to firearm suicides by teenage youth are an especially large problem in Colorado. Since 2000, 108 minors have committed suicide by using firearms in Colorado. (b) A recent and comprehensive study of the effectiveness of laws to prevent minors' access to firearms shows a significant decrease in firearm suicides by minors in states that have adopted these laws; (c) The intent of this act is to save lives by creating awareness and ensuring accountability regarding the need to keep firearms away from minors who may use the firearms to commit suicide or unintentionally kill or injure themselves or others. Therefore, the act holds an adult accountable if he or she leaves a firearm easily accessible to a minor and the minor improperly gains access to the firearm and injures or kills himself, herself, or others. This act uses accountability and education to impress upon adults that their firearms should be inaccessible to minors. (2) The general assembly encourages the district attorney to consider, among other factors, the impact of the injury or death on the person alleged to have violated this act when deciding whether to prosecute an alleged violation. This declaration shall not restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute alleged violations of this act. SECTION 2. Part 1 of article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 18-12-112. Criminal storage of a firearm - information-posting requirements - definitions - repeal. (1) Except as otherwise provided in subsection (3) of this section, a person commits the crime of criminal storage of a firearm if: (a) The person keeps a firearm within any premises that are under his or her custody or control; and (b) The person knows or reasonably should know that a minor would be able to gain access to the firearm without the permission of the minor's parent or legal guardian; and (c) The minor obtains access to the firearm; and (d) The minor uses the firearm to cause death or bodily injury to himself, herself, or another person or carries the firearm to a public or private preschool, elementary school, junior high school, middle school, or high school or to any school-sponsored event, activity, or performance, whether occurring on school grounds or elsewhere. (2) A person who violates subsection (1) of this section is guilty of an unclassified misdemeanor and shall be punished by a fine of at least fifty dollars and not more than one thousand dollars. Any fines collected pursuant to this subsection (2) shall be credited to the suicide prevention coordination cash fund created in section 25-1.5-101 (1) (w) (II), C.R.S. (3) Subsection (1) of this section shall not apply if: (a) The minor obtains possession while defending his or her residence from unlawful entry by a person; (b) The minor acts in lawful self-defense or defense of another person; (c) The minor obtains possession of the firearm while under the direct supervision of the minor's parent or guardian under one or more of the following circumstances: (I) While attending a hunter safety or firearm safety course; (II) While practicing the use of a firearm or practicing target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or at any other area where the discharge of a firearm is not prohibited; (III) While hunting or trapping pursuant to a valid license issued to the minor pursuant to article 4 of title 33, C.R.S.; (IV) While engaging in an organized competition involving the use of firearms or participating in or practicing for a performance by a group organized under section 501 (c) (3) of the federal "Internal Revenue Code" as determined by the federal internal revenue service, which group uses firearms as part of its performance; (V) While engaging in work activities on a farm or ranch, which work activities require carrying or using a firearm; or (VI) While traveling with the unloaded firearm to or from an activity described in subparagraph (I), (II), (III), (IV), or (V) of this paragraph (c); (d) The minor obtains possession of the firearm as a result of participation in a burglary, as described in section 18-4-202, 18-4-203, or 18-4-204, or a robbery, as described in section 18-4-301 or 18-4-302; (e) The person in possession of the firearm is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during the performance of the person's duties; (f) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure; (g) The firearm is locked with a locking device that has rendered the firearm inoperable; (h) The firearm is kept on premises that are under the person's custody or control and the person has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises; or (i) The firearm and corresponding ammunition are stored separately, or, if stored together, the ammunition is stored in a locked and secure location. (4) (a) (I) The following warning shall be provided or posted as required in paragraphs (b), (c), and (d) of this subsection (4): IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL AND A MINOR OBTAINS IT AND USES IT TO CAUSE INJURY OR DEATH OR A MINOR CARRIES THE FIREARM TO A PUBLIC OR PRIVATE SCHOOL OR TO A SCHOOL-SPONSORED ACTIVITY, YOU MAY BE GUILTY OF A MISDEMEANOR UNLESS YOU STORED THE FIREARM IN A MANNER THAT A REASONABLE PERSON WOULD BELIEVE IS INACCESSIBLE TO A MINOR. (II) A person required to post or provide the warning described in subparagraph (I) of this paragraph (a) may obtain a copy of the warning from the office of suicide prevention in the department of public health and environment. (b) A licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S., with each firearm sale or transfer shall deliver a written copy of the warning specified in paragraph (a) of this subsection (4) to the purchaser or transferee. (c) A licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S., that sells firearms shall post conspicuously at each purchase counter the warning specified in paragraph (a) of this subsection (4). (d) A gun show promoter, as defined in section 12-26.1-106 (4), C.R.S., shall post conspicuously at each entrance to a gun show, as defined in section 12-26.1-106 (3), C.R.S., the warning specified in paragraph (a) of this subsection (4). (e) A person who violates this subsection (4) is guilty of an unclassified misdemeanor and shall be punished by a fine of at least fifty dollars and not more than one thousand dollars. Any fines collected pursuant to this paragraph (e) shall be credited to the suicide prevention coordination cash fund created in section 25-1.5-101 (1) (w) (II), C.R.S. (5) For purposes of this section, unless the context otherwise requires: (a) "Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm. (b) "Minor" means an individual under eighteen years of age. (c) "Firearm" means a device designed to be used as a weapon, from which a projectile is expelled by the force of an explosion or force of combustion; except that "firearm" does not include an antique firearm. (6) (a) The director of the office of suicide prevention in the department of public health and environment shall convene a workgroup by October 1, 2008, to make recommendations to the general assembly regarding the language of the warning in subsection (4) of this section and to address any other issues related to the implementation of this section. (b) The director of the office of suicide prevention in the department of public health and environment shall invite representatives of the following interests to participate in the workgroup: (I) Gun safety advocates; (II) Gun dealers; (III) Gun owners; (IV) Suicide prevention advocates; (V) Anti-Domestic violence advocates; (VI) Law enforcement agencies; (VII) District attorneys; and (VIII) Child development advocates. (c) By January 1, 2009, the director of the office of suicide prevention in the department of public health and environment shall submit any recommendations that the workgroup has developed to the members of judiciary committees of the house of representatives and the senate, or any successor committees. (d) This subsection (6) is repealed, effective July 1, 2009. SECTION 3. Effective date - applicability. This act shall take effect July 1, 2008, and shall apply to offenses committed on or after said date. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.