First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0629.01 Richard Sweetman x4333HOUSE BILL 15-1127 HOUSE SPONSORSHIP Klingenschmitt, Becker J., Brown, Dore, Joshi, Lebsock, Lundeen, Navarro, Ransom, Tate, Thurlow, Van Winkle, Vigil SENATE SPONSORSHIP Garcia, Jahn, Lambert, Lundberg House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning reducing civil liability for businesses that permit the carrying of concealed handguns. 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.) An owner or operator of a place of business that makes its premises available to the public is not liable for damages in any civil action that are alleged to have occurred as a result of the place of business adopting a policy that allows the carrying of a concealed handgun by a person who possesses a permit to do so. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) Many businesses in the state prohibit the carrying of handguns on their premises, regardless of whether a person possesses a valid permit to carry a concealed handgun; (b) Such policies prevent law-abiding people from being able to defend themselves and others in the event of a random assault or other act of violence; and (c) Although such policies are permissible under current law, with this act the general assembly wishes to create an incentive for businesses to allow responsible concealed handgun permittees to carry concealed handguns on their premises, so as to create the potential for an armed response to a random assault or other act of violence, which armed response may reduce or prevent the infliction of death or serious injuries upon innocent victims. SECTION 2. In Colorado Revised Statutes, add 13-21-128 as follows: 13-21-128. Immunity from civil liability - places of business that permit the carrying of firearms. (1) An owner or operator of a place of business that makes its premises available to the public is not liable for damages in any civil action that are alleged to have occurred as a result of the place of business adopting a policy that allows the carrying of a concealed handgun by a person who possesses a permit issued pursuant to section 18-12-206, C.R.S., on the premises of the place of business. (2) The immunity described in subsection (1) of this section for owners and operators of certain places of business does not affect the liability of any other owner or operator of a place of business or diminish any rights that may be afforded to such an owner or operator under existing law. SECTION 3. Act subject to petition - effective date. This act takes 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.