Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0011.01 Julie Pelegrin SENATE BILL 10-092 SENATE SPONSORSHIP Schultheis, Brophy, Cadman, Harvey, Kopp, Lundberg, Renfroe, Mitchell, Scheffel, King K. HOUSE SPONSORSHIP King S., Sonnenberg, Gardner C., Stephens, Waller, Bradford, Baumgardner Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the exemption from federal regulation of certain items related to exercising the right to bear arms. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill exempts from federal laws and regulations all firearms, firearm accessories, and ammunition that are manufactured in Colorado by persons who are not federally licensed and that are sold and remain in Colorado. The bill makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 26 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 2 FIREARMS FREEDOM ACT 12-26-201. Short title. This part 2 shall be known and may be cited as the "Colorado Firearms Freedom Act". 12-26-202. Legislative declaration. (1) The general assembly hereby finds that: (a) The United States constitution creates a federal government of enumerated powers. As stated by James Madison in Federalist No. 45, "The powers delegated by the proposed constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite". (b) Section 8 of article I of the United States constitution, in enumerating the powers of the federal government, states that congress shall have the power "to regulate commerce...among the several states...". The purpose of the commerce clause was to empower the federal government to regulate trade between and among the states, thereby improving the national economy and improving political relations among the states. (c) The tenth amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Colorado certain powers as they were understood at the time that Colorado was admitted to statehood in 1876. The guaranty of those powers is a matter of contract between the state and people of Colorado and the United States as of the time that Colorado was admitted to statehood in 1876. (d) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Colorado certain rights as they were understood at the time that Colorado was admitted to statehood in 1876. The guaranty of those rights is a matter of contract between the state and people of Colorado and the United States as of the time that Colorado was admitted to statehood in 1876. (e) The regulation of intrastate commerce, a power that is not specifically reserved to the federal government in the United States constitution, is therefore vested in the states under the ninth and tenth amendments to the United States constitution; (f) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Colorado was admitted to statehood in 1876, and the guaranty of that right is a matter of contract between the state and people of Colorado and the United States as of the time that Colorado was admitted to statehood in 1876; and (g) Section 13 of article II of the Colorado constitution clearly secures to Colorado citizens, and prohibits government interference with, the right of individual Colorado citizens to keep and bear arms. This constitutional protection is unchanged from the 1876 Colorado constitution, which was approved by congress and the people of Colorado, and the right exists as it was understood at the time that Colorado was admitted to statehood in 1876. (2) The general assembly concludes, therefore, that the federal government is without power to regulate firearms that are manufactured, sold, and used solely within the boundaries of Colorado. Further, a scheme of federal regulations that extends to firearms that are manufactured, sold, and used solely within the boundaries of Colorado is not substantially related to an important, or even legitimate, government objective and therefore, as applied to said firearms, unconstitutionally burdens the right to bear arms guaranteed in the second amendment to the United States constitution and in section 13 of article II of the Colorado constitution. 12-26-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Basic materials" means raw materials, including but not limited to unmachined steel and unshaped wood, used in the creation and manufacture of firearms, firearm accessories, or ammunition that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition. (2) "Borders of Colorado" means the boundaries of Colorado described in section 2 of the enabling act of Colorado enacted by the United States senate and house of representatives in 1876. (3) "Firearm accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination. (4) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins. (5) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness through processes that include but are not limited to forging, casting, machining, and other processes for working materials. 12-26-204. Firearms, firearm accessories, ammunition - not subject to federal law or regulation - exceptions. (1) (a) Except as otherwise provided in subsection (3) of this section, a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Colorado by a person who is not federally licensed and that remains within the borders of Colorado, and a person who manufactures, transfers, or receives said firearm, firearm accessory, or ammunition, is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. The general assembly finds that said items have not traveled in interstate commerce and therefore are not subject to federal regulation. (b) The provisions of this subsection (1) apply to a firearm, a firearm accessory, or ammunition that is manufactured in Colorado by a person who is not federally licensed from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into Colorado and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Colorado does not subject the firearm, firearm accessory, or ammunition to federal regulation. The general assembly declares that basic materials are not firearms, firearm accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories, or ammunition. The general assembly further declares that the authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition made in Colorado from basic materials. (c) Firearm accessories that are imported into Colorado from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm, or a person who manufactures, transfers, or receives the firearm, to federal regulation under interstate commerce because said accessories are attached to or used in conjunction with a firearm that is manufactured in Colorado. (2) The provisions of subsection (1) of this section shall apply to a firearm manufactured and sold in Colorado, as described in subsection (1) of this section, only if the words "Made in Colorado" are clearly stamped on a central metallic part of the firearm, such as the receiver or frame. (3) The provisions of subsection (1) of this section shall not apply to: (a) A firearm that cannot be carried and used by one person; (b) A firearm that has a bore diameter greater than one-and-one-half inches and that uses smokeless powder, rather than black powder, as a propellant; (c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or (d) A firearm, other than a shotgun, that discharges two or more projectiles with one activation of the trigger or other firing device. SECTION 2. The introductory portion to 12-26-101, Colorado Revised Statutes, is amended to read: 12-26-101. Definitions. As used in this article part 1, unless the context otherwise requires: SECTION 3. 12-26-104, Colorado Revised Statutes, is amended to read: 12-26-104. Jurisdiction - county courts. County courts, within their respective counties, have jurisdiction to hear and determine all cases arising under the provisions of this article part 1, and appeal from judgment shall be to the district courts in the respective counties in the same manner as is now provided by law for appeals from judgments of the county courts in the cases of misdemeanors. SECTION 4. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of section 1 of this act shall apply to firearms, firearm accessories, and ammunition manufactured in Colorado on or after the applicable effective date of this act.