HOUSE Amended 2nd Reading February 14, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 12-0603.01 Richard Sweetman x4333HOUSE BILL 12-1092 HOUSE SPONSORSHIP Priola, McKinley, Holbert, Balmer, Barker, Baumgardner, DelGrosso, Kerr J., Liston, McNulty, Murray, Sonnenberg, Stephens, Swalm SENATE SPONSORSHIP Brophy, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning the authority of a law-abiding person to carry a concealed handgun without a permit. 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 creates exceptions to the offenses of carrying a concealed weapon and unlawful possession of a weapon on school, college, or university grounds if the person is at least twenty-one years of age and may legally possess a handgun under the laws of Colorado and of the United States. A person who carries a concealed handgun under the exception has the same carrying rights and is subject to the same limitations as apply to a person who holds a permit to carry a concealed handgun, including but not limited to the existing limitations concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon, of a public elementary, middle, junior high, or high school. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-12-105, amend (2) (f); and add (2) (g) as follows: 18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons. (2) It shall not be an offense if the defendant was: (f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States; or (g) A person who is at least twenty-one years of age and may legally possess a handgun under the laws of this state and of the United States and the weapon involved in the incident was a handgun. The authority to carry a concealed handgun pursuant to the provisions of this paragraph (g) is equal in all respects to the authority granted by a permit to carry a concealed handgun as specified in section 18-12-214. A person who carries a concealed handgun pursuant to the provisions of this paragraph (g) has the same rights and is subject to the same limitations specified in section 18-12-214 as apply to a person who holds a permit to carry a concealed handgun, including but not limited to the limitations in section 18-12-214 (3) concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon, of a public elementary, middle, junior high, or high school. SECTION 2. In Colorado Revised Statutes, 18-12-105.5, amend (3) (h); and add (3) (i) as follows: 18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds. (3) It shall not be an offense under this section if: (h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons; or (i) The person is at least twenty-one years of age and may legally possess a handgun under the laws of this state and of the United States and the weapon involved in the incident was a handgun. The authority to carry a concealed handgun pursuant to the provisions of this paragraph (i) is equal in all respects to the authority granted by a permit to carry a concealed handgun as specified in section 18-12-214. A person who carries a concealed handgun pursuant to the provisions of this paragraph (i) has the same rights and is subject to the same limitations specified in section 18-12-214 as apply to a person who holds a permit to carry a concealed handgun, including but not limited to the limitations in section 18-12-214 (3) concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon, of a public elementary, middle, junior high, or high school. A person who carries a concealed handgun pursuant to the provisions of this subparagraph (i) is not entitled to carry a concealed handgun on the real property of any public school district. SECTION 3. Effective date - applicability. This act takes effect upon passage and applies 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.