First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0725.01 Richard Sweetman x4333HOUSE BILL 13-1187
                    HOUSE SPONSORSHIP
 Landgraf,  Holbert, Sonnenberg, Nordberg, Wright, Buck, Everett, Humphrey, Joshi,
 Swalm, Wilson
 
                   SENATE SPONSORSHIP
 Lundberg,  Harvey, Lambert
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the inapplicability of certain federal firearms
            laws within Colorado.
       
       
                           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.)
       
            A statute, order, rule, or regulation of the U.S. government that
       becomes effective on or after January 1, 2013, shall be unenforceable
       within Colorado if the statute, rule, or regulation purports to impose a
       prohibition, restriction, or limitation upon the possession of a firearm,
       firearm accessory, or ammunition, including but not limited to a capacity
       or size limitation or a registration requirement, that does not exist under
       the laws of this state.
            An employee or agent of the U.S. government who enforces or
       attempts to enforce a statute, rule, or regulation of the U.S. government
       in violation of the provisions of the bill commits a class 1 misdemeanor.
            The attorney general may defend a Colorado resident who is
       prosecuted by the U.S. government for an alleged offense in violation of
       the provisions of the bill.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration. (1)  The general assembly
       hereby finds and declares that:
            (a)  The tenth amendment to the United States constitution reserves
       to the states and the people all powers not granted to the federal
       government elsewhere in the constitution, as those powers were
       understood at the time that Colorado was admitted to statehood in 1876.
       The guarantee of those powers is a matter of contract between the state
       and people of Colorado and the United States, dating from the time that
       Colorado became a state.
            (b)  The ninth amendment to the United States constitution
       guarantees to the people rights not enumerated in the constitution, as
       those rights were understood at the time Colorado became a state, and the
       guarantee of those rights is a matter of contract between the state and
       people of Colorado and the United States, dating from the time that
       Colorado became a state;
            (c)  The second amendment to the United States constitution
       guarantees the right of the people to keep and bear arms, as that right was
       understood at the time Colorado was admitted to statehood in 1876, and
       the guarantee of that right is a matter of contract between the state and
       people of Colorado and the United States, dating from the time that
       Colorado became a state; and
            (d)  Section 13 of article II of the Colorado constitution secures for
       Colorado residents the right to bear arms in defense of his or her home,
       person, and property, or in aid of the civil power when thereto legally
       summoned, and this provision has remained unchanged since 1877.
            SECTION 2.  In Colorado Revised Statutes, add 18-12-112 as
       follows:
            18-12-112. Regulation of firearms, firearm accessories, and
       ammunition - inapplicability of federal law - penalty - definitions.
       (1)  As used in this section, unless the context otherwise
       requires:
            (a)  "Firearm" shall have the same meaning as set forth in
       section 18-1-901 (3) (h).
            (b)  "Firearm accessory" means an item that is use in
       conjunction with, or mounted on, a firearm but that is not
       essential to the basic function of a firearm. "Firearm accessory"
       includes a detachable ammunition magazine.
            (2)   A statute, order, rule, or regulation of the United
       States government that becomes effective on or after January
       1, 2013, shall be unenforceable within Colorado if the statute,
       rule, or regulation purports to impose a prohibition, restriction,
       or limitation upon the possession of a firearm, firearm
       accessory, or ammunition, including but not limited to a
       capacity or size limitation or a registration requirement, that
       does not exist under the laws of this state.
            (3)  An employee or agent of the United States government
       who enforces or attempts to enforce a statute, rule, or
       regulation of the United States government in violation of
       subsection (2) of this section commits a class 1 misdemeanor and
       shall be punished in accordance with section 18-1.3-501 (1).
            (4)  The attorney general may defend a resident of
       Colorado who is prosecuted by the United States government
       for an alleged offense described in subsection (2) of this section.
            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.