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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0360.01 MNC HOUSE BILL 97­1067

STATE OF COLORADO

BY REPRESENTATIVE Chavez

JUDICIARY

A BILL FOR AN ACT

CONCERNING POSSESSION OF FIREARMS BY MINORS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Makes possession by a juvenile of any firearm, as opposed to any handgun, a class 2 misdemeanor and a class 5 felony for any second or subsequent offense.

Makes providing to a juvenile any firearm, as opposed to any handgun, a class 4 felony.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­12­108.5 (1), (2), and (3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended to read:

18­12­108.5.  Possession of firearms by juveniles ­ prohibited ­ exceptions ­ penalty. (1) (a)  Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun FIREARM, AS DEFINED IN SECTION 18­1­901 (3) (h), in such person's possession.

(b)  Any person possessing any handgun FIREARM in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun FIREARM by a juvenile.

(c) (I)  Illegal possession of a handgun FIREARM by a juvenile is a class 2 misdemeanor.

(II)  For any second or subsequent offense, illegal possession of a handgun FIREARM by a juvenile is a class 5 felony.

(d)  Any person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section shall be taken into temporary custody in the manner described in section 19­2­508, C.R.S.

(2)  This section shall not apply to:

(a)  Any person under the age of eighteen years who is:

(I)  In attendance at a hunter's safety course or a firearms safety course; or

(II)  Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or

(III)  Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c) (3) as determined by the federal internal revenue service which THAT uses firearms as a part of such performance; or

(IV)  Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or

(V)  Traveling with any handgun FIREARM in such person's possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a);

(b)  Any person under the age of eighteen years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun FIREARM;

(c)  Any person under the age of eighteen years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun FIREARM for the purpose of exercising the rights contained in section 18­1­704 or section 18­1­704.5.

(3)  For the purposes of subsection (2) of this section, a handgun FIREARM is "loaded" if:

(a)  There is a cartridge in the chamber of the handgun FIREARM; or

(b)  There is a cartridge in the cylinder of the handgun FIREARM, if the handgun FIREARM is a revolver; or

(c)  The handgun FIREARM, and the ammunition for such handgun FIREARM, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun FIREARM and the ammunition and load the handgun FIREARM.

SECTION 2.  18­12­108.7, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­12­108.7.  Unlawfully providing or permitting a juvenile to possess a firearm ­ penalty. (1) (a)  Any person who intentionally, knowingly, or recklessly provides a handgun FIREARM, AS DEFINED IN SECTION 18­1­901 (3) (h), with or without remuneration to any person under the age of eighteen years in violation of section 18­12­108.5 or any parent or legal guardian of a person under eighteen years of age who knows of such juvenile's conduct which THAT violates section 18­12­108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing or permitting a juvenile to possess a handgun FIREARM.

(b)  Unlawfully providing or permitting a juvenile to possess a handgun FIREARM in violation of this subsection (1) is a class 4 felony.

(2) (a)  Any parent or guardian who intentionally, knowingly, or recklessly provides a handgun FIREARM, AS DEFINED IN SECTION 18­1­901 (3) (h), to a juvenile or permits a juvenile to possess a handgun FIREARM, even though such parent or guardian is aware of a substantial risk that such juvenile will use a handgun FIREARM to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun FIREARM. A parent or guardian shall be deemed to have violated this paragraph (a) if such parent or guardian provides a handgun FIREARM to or permits the possession of a handgun FIREARM by any juvenile who has been convicted of a crime of violence, as defined in section 16­11­309, C.R.S., or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 16­11­309, C.R.S., if such juvenile were an adult.

(b)  Unlawfully providing or permitting a juvenile to possess a handgun FIREARM in violation of this subsection (2) is a class 4 felony.

   SECTION 3.  19­2­508 (3) (a) (III) (C), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

19­2­508.  Detention and shelter ­ hearing ­ time limits ­ confinement with adult offenders ­ restrictions. (3) (a) (III)  With respect to this section, the court may further detain the juvenile if the court is satisfied from the information provided at the hearing that the juvenile is a danger to himself or herself or to the community. Any information having probative value shall be received regardless of its admissibility under the rules of evidence. In determining whether a juvenile requires detention, the court shall consider any record of any prior adjudications of the juvenile. There shall be a rebuttable presumption that a juvenile is a danger to himself or herself or to the community if:

(C)  The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as described in section 18­12­102, C.R.S.; possession of a defaced firearm, as described in section 18­12­103, C.R.S.; unlawfully carrying a concealed weapon, as described in section 18­12­105, C.R.S.; unlawfully carrying a concealed weapon on school, college, or university grounds, as described in section 18­12­105.5, C.R.S.; prohibited use of weapons, as described in section 18­12­106, C.R.S.; illegal discharge of a firearm, as described in section 18­12­107.5, C.R.S.; or illegal possession of a handgun FIREARM by a juvenile, as described in section 18­12­108.5, C.R.S.

SECTION 4.  Effective date ­ applicability.  This act shall take effect July 1, 1997, and shall apply 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.