HOUSE
                       3rd Reading Unamended
       February 20, 2012       HOUSE
       2nd Reading Unamended
                     February 14, 2012Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 12-0553.01 Michael Dohr x4347   HOUSE BILL 12-1064
                    HOUSE SPONSORSHIP
 Stephens, 
 
                   SENATE SPONSORSHIP
 King S., 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the prohibition of limitations concerning
            firearms during an official state of emergency.
       
       
                           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 prohibits the state or any political subdivision of the state
       (state), during a declared state of emergency, from prohibiting or
       restricting the otherwise lawful possession, use, carrying, transfer,
       transportation, storage, or display of a firearm or ammunition; seizing or
       confiscating a lawfully possessed firearm, except in specific, described
       circumstances; or requiring registration of a firearm or ammunition for
       which registration is not otherwise required by law. An exception is made
       for the commercial sale of firearms if an authorized authority has ordered
       an evacuation or a general closure of business.
            An individual whose rights are violated by the state in conflict
       with these prohibitions has legal recourse against the state.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 24-20-205 as
       follows:
            24-20-205.  Additional restrictions on or seizure of firearms
       prohibited during official state of emergency - cause of action created
       - attorney fees. (1)  A person acting on behalf or under the
       authority of the state or a political subdivision of the state
       shall not take any of the following actions during a declared
       state of emergency:
            (a)  Prohibit or restrict the otherwise lawful possession,
       use, carrying, transfer, transportation, storage, or display of
       a firearm or ammunition;
            (b)  Seize or confiscate, or authorize the seizure or
       confiscation of, an otherwise lawfully possessed firearm or
       ammunition unless the person acting on behalf of or under the
       authority of the state is defending himself or herself or
       another person from an assault, arresting a person in actual
       possession of a firearm or ammunition for a violation of law, or
       seizing or confiscating the firearm or ammunition as evidence of
       a crime; or
            (c)  Require registration of a firearm or ammunition for
       which registration is not otherwise required by state law.
            (2)  The prohibitions specified in paragraph (a) of
       subsection (1) of this section as they relate to transfer of a
       firearm shall not apply to the commercial sale of firearms or
       ammunition if an authorized authority has ordered an
       evacuation or general closure of businesses in the affected
       area.
            (3)  An individual aggrieved by a violation of this section
       may bring a civil action for damages against any person who
       subjects the individual, or causes the individual to be subjected,
       to an action prohibited by this section.
            (4)   In addition to any other remedy at law or in equity, an
       individual aggrieved by the seizure or confiscation of a firearm
       or ammunition in violation of this section may bring a civil
       action for the return of the firearm or ammunition in the county
       court of the county in which the individual resides or in which
       the firearm or ammunition was seized or confiscated. 
            (5)  In any action or proceeding to enforce this section, the
       court shall award a prevailing plaintiff costs and reasonable
       attorney fees.
            SECTION 2.  In Colorado Revised Statutes,  24-32-2104, amend
       (7) (h) as follows:
            24-32-2104.  The governor and disaster emergencies. (7)  In
       addition to any other powers conferred upon the governor by law, the
       governor may:
            (h)  Suspend or limit the sale, dispensing, or transportation of
       alcoholic beverages, firearms, explosives, or combustibles; and
            SECTION 3.  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.