SENATE 3rd Reading Unamended February 23, 2016 SENATE Amended 2nd Reading February 22, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0006.01 Richard Sweetman x4333SENATE BILL 16-017 SENATE SPONSORSHIP Neville T., HOUSE SPONSORSHIP Neville P., Senate Committees House Committees State, Veterans, & Military Affairs Finance Appropriations A BILL FOR AN ACT Concerning allowing a law-abiding person to carry a concealed handgun without a permit, and, in connection therewith, preserving current laws restricting the carrying of concealed handguns on certain property including school grounds and reducing an appropriation. 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 allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds 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 was at least twenty-one years of age and legally possessed a handgun under the laws of this state and of the United States and the weapon involved in the incident was a concealed 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 limitations specified in section 18-12-214 as apply to a person who holds a permit to carry a concealed handgun. 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 concealed 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 limitations specified in section 18-12-214 as apply to a person who holds a permit to carry a concealed handgun. SECTION 3. Appropriation - adjustments to 2016 long bill. (1) To implement this act, appropriations made in the annual general appropriation act for the 2016-17 state fiscal year to the department of public safety for use by the Colorado bureau of investigation are adjusted as follows: (a) The cash funds appropriation from the Colorado bureau of investigation identification unit fund created in section 24-33.5-426, C.R.S., for personal services related to identification is decreased by $41,832, and the related FTE is decreased by 1.4 FTE; (b) The cash funds appropriation from the Colorado bureau of investigation identification unit fund created in section 24-33.5-426, C.R.S., for operating expenses related to identification is decreased by $93,020; (c) The cash funds appropriation from the instant criminal background check cash fund created in section 24-33.5-424 (3.5) (b), C.R.S., for personal services related to state point of contact - national instant criminal background check program is decreased by $31,163; and (d) The cash funds appropriation from the instant criminal background check cash fund created in section 24-33.5-424 (3.5) (b), C.R.S., for operating expenses related to state point of contact - national instant criminal background check program is decreased by $593. SECTION 4. Effective date - applicability. This act takes effect upon passage and applies to offenses committed on or after said date. 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.