HOUSE 3rd Reading Unamended February 18, 2013 HOUSE Amended 2nd Reading February 15, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0292.01 Richard Sweetman x4333HOUSE BILL 13-1226 HOUSE SPONSORSHIP Levy, Fields, Fischer, Hullinghorst, McCann, Schafer SENATE SPONSORSHIP Heath, House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning eliminating the authority of a concealed handgun permit holder to possess a concealed handgun on the campus of an institution of higher education. 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.) Under current law, a person who possesses a valid permit to carry a concealed handgun (permit) may do so in all areas of the state, with certain exceptions. The bill creates a new exception stating that a permit does not authorize a permit holder to possess a concealed handgun: In any building or structure, or any portion thereof, that is used by a public institution of higher education for any purpose; In any stadium or arena that is used by a public institution of higher education to host events, including but not limited to athletic and extracurricular events and graduation ceremonies; or At an outdoor, institution-sponsored event on the campus of the institution at which the chief administrator of the institution's campus, in consultation with the chief officer of the institution's campus safety agency, has elected to prohibit the carrying of firearms. A permit holder who is employed or retained by contract by a public institution of higher education as a security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of the public institution of higher education while the permittee is on duty. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-12-214, add (3.5) as follows: 18-12-214. Authority granted by permit - carrying restrictions. (3.5) (a) A permit issued pursuant to this part 2 does not authorize a permit holder to possess a concealed handgun : (I) In any building or structure, or any portion thereof, that is used by a public institution of higher education for any purpose; (II) In any stadium or arena that is used by a public institution of higher education to host events, including but not limited to athletic and extracurricular events and graduation ceremonies; or (III) At an outdoor, institution-sponsored event on the campus of the institution at which the chief administrator of the institution's campus, in consultation with the chief officer of the institution's campus safety agency, has elected to prohibit the carrying of firearms. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3.5), a permittee who is employed or retained by contract by a public institution of higher education as a security officer may be permitted by the institution to carry a concealed handgun inside buildings and structures used by the institution. (c) As used in this subsection (3.5), unless the context otherwise requires, "public institution of higher education" means any college, university, community college, technical college, junior college, or area vocational school described in title 23, C.R.S., including but not limited to the Auraria higher education center described in article 70 of said title 23. SECTION 2. In Colorado Revised Statutes, 18-12-105.5, amend (3) (d.5); and repeal (3) (d) 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: (d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or (d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3) or (3.5); or SECTION 3. In Colorado Revised Statutes, 18-12-105, amend (2) (c) 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: (c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or SECTION 4. Exception to the requirements of section 2-2-703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to sections 18-12-214, 18-12-105.5, and18-12-105, Colorado Revised Statutes, enacted in sections 1, 2, and 3 of this act will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections during the five years following passage of this act. Because of the relative insignificance of this degree of fiscal impact, these amendments are an exception to the five-year appropriation requirements specified in section 2-2-703, Colorado Revised Statutes. SECTION 5. 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.