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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0464.01 DFH HOUSE BILL 98­1181

STATE OF COLORADO

BY REPRESENTATIVES Grossman, Gordon, and Udall

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE PROHIBITION OF ASSAULT WEAPONS IN THE STATE OF COLORADO.

Bill Summary

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

Prohibits the sale, ownership, or possession of assault weapons in Colorado on or after January 1, 1999. Prohibits the sale, ownership, or possession of a magazine that holds or may be modified to hold 21 or more rounds. Defines "assault weapon".

Creates an exception for the sale, ownership, and possession of assault weapons in the following circumstances:

! Sale, ownership, and possession of such weapons by federal, state, or local governments or by governmental employees while acting in their official capacity;

! Sale, ownership, and possession by licensed dealers, licensed importers, and licensed manufacturers for the purpose of selling weapons to authorized governmental agencies; and

! Ownership or possession of such weapons for which a permit has been issued by a local law enforcement agency.

Requires county sheriffs and chiefs of police to issue permits to keep, store, and possess assault weapons legally obtained prior to January 1, 1999.

Establishes a criminal misdemeanor penalty for the unlawful sale, ownership, or possession of an assault weapon or a magazine.


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

SECTION 1.  18­12­101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

18­12­101.  Definitions. (1)  As used in this article, unless the context otherwise requires:

(a.2) (I)  "ASSAULT WEAPON" MEANS A FIREARM THAT HAS ONE OR MORE OF THE FOLLOWING CHARACTERISTICS:

(A)  A SHORTER LENGTH THAN RECREATIONAL FIREARMS;

(B)  A FOLDING STOCK THAT IS A MODIFICATION OF AN AUTOMATIC FIREARM ORIGINALLY DESIGNED FOR MILITARY USE; OR

(C)  A GREATER RATE OF FIRE OR FIRING CAPACITY THAN REASONABLY NECESSARY FOR LEGITIMATE SPORTS, RECREATIONAL, OR PROTECTION ACTIVITIES.

(II)  "ASSAULT WEAPON" ALSO MEANS ANY OF THE FOLLOWING FIREARMS:

(A)  A SEMIAUTOMATIC ACTION, CENTERFIRE RIFLE WITH A DETACHABLE MAGAZINE WITH A CAPACITY OF TWENTY­ONE OR MORE ROUNDS;

(B)  A SEMIAUTOMATIC SHOTGUN WITH A FOLDING STOCK OR A MAGAZINE CAPACITY OF MORE THAN SIX ROUNDS OR BOTH;

(C)  A SEMIAUTOMATIC PISTOL THAT IS A MODIFICATION OF A RIFLE HAVING THE SAME MAKE, CALIBER, AND ACTION DESIGN BUT A SHORTER BARREL AND NO REAR STOCK OR IS A MODIFICATION OF AN AUTOMATIC WEAPON ORIGINALLY DESIGNED TO ACCEPT MAGAZINES WITH A CAPACITY OF TWENTY­ONE OR MORE ROUNDS;

(D)  A FIREARM THAT HAS BEEN MODIFIED TO BE OPERABLE AS AN ASSAULT WEAPON AS DEFINED IN THIS PARAGRAPH (a.2);

(E)  ANY PART OR COMBINATION OF PARTS DESIGNED OR INTENDED TO CONVERT A FIREARM INTO AN ASSAULT WEAPON, INCLUDING A DETACHABLE MAGAZINE WITH A CAPACITY OF TWENTY­ONE OR MORE ROUNDS, OR ANY COMBINATION OF PARTS FROM WHICH AN ASSAULT WEAPON MAY BE READILY ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR UNDER THE CONTROL OF THE SAME PERSON.

(III)  "ASSAULT WEAPON" ALSO INCLUDES ANY OF THE FOLLOWING SPECIFIED RIFLES:

(A)  NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL MODELS);

(B)  ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;

(C)  BERETTA AR­70 (SC­70);

(D)  CETME G3;

(E)  COLT AR­15 AND CAR­15;

(F)  DAEWOO K­1, K­2, MAX 1, AND MAX 2;

(G)  FABRIQUE NATIONALE (FN/FAL, FN/LAR, AND FNC);

(H)  FAMAS MAS223;

(I)  HECKLER & KOCH HK­91, H­93, HK­94, AND PSG­1;

(J)  MAC 10 AND MAC 11;

(K)  SKS WITH DETACHABLE MAGAZINE;

(L)  SIG AMT, SIG 500 SERIES AND SIG PE­57;

(M)  SPRINGFIELD ARMORY BM59 AND SAR­48;

(N)  STERLING MK­6 AND SAR;

(O)  STEYR AUG;

(P)  VALMET M62, M71S, AND M78;

(Q)  ARMALITE AR­180 CARBINE;

(R)  BUSHMASTER ASSAULT RIFLE (ARMGUN);

(S)  CALICO M­900 ASSAULT CARBINE;

(T)  MANDALL THE TAC­1 CARBINE;

(U)  PLAINFIELD MACHINE COMPANY CARBINE;

(V)  PJK M­68 CARBINE;

(W)  WEAVER ARM NIGHTHAWK.

(IV)  "ASSAULT WEAPON" ALSO INCLUDES ANY OF THE FOLLOWING SPECIFIED PISTOLS:

(A)  ACTION ARMS UZI;

(B)  ENCOM MP­9 AND MP­45;

(C)  MAC 10 AND MAC 11;

(D)  INTRATEC TEC­9;

(E)  MITCHELL ARMS SPECTRE AUTO;

(F)  STERLING MK­7;

(G)  CALICO M­900.

(V)  "ASSAULT WEAPON" ALSO INCLUDES ANY OF THE FOLLOWING SPECIFIED SHOTGUNS:

(A)  FRANCHI SPAS 12 AND LAW 12;

(B)  GILBERT EQUIPMENT COMPANY STRIKER 12;

(C)  ENCOM CM­55.

(VI)  "ASSAULT WEAPON" ALSO INCLUDES ANY OF THE FOLLOWING:

(A)  OTHER MODELS THAT ARE IDENTICAL TO FIREARMS LISTED IN SUBPARAGRAPHS (III), (IV), AND (V) OF THIS PARAGRAPH (a.2), EXCEPT FOR SLIGHT MODIFICATIONS OR ENHANCEMENTS, INCLUDING BUT NOT LIMITED TO A FOLDING OR RETRACTABLE STOCK; ADJUSTABLE SIGHT; CASE DEFLECTOR FOR LEFT­HANDED SHOOTERS; SHORTER BARREL; WOODEN, PLASTIC, OR METAL STOCK; LARGER CLIP SIZE; DIFFERENT CALIBER SO LONG AS THE CALIBER EXCEEDS .22 RIMFIRE; OR BAYONET MOUNT.

(B)  FIREARMS THAT HAVE BEEN REDESIGNED FROM, RENAMED, RENUMBERED, OR PATTERNED AFTER ONE OF THE LISTED FIREARMS IN SUBPARAGRAPH (III), (IV), OR (V) OF THIS PARAGRAPH (a.2) OR THOSE DESCRIBED IN SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (VI), REGARDLESS OF THE COMPANY OF PRODUCTION OR DISTRIBUTION OR THE COUNTRY OF ORIGIN, OR ANY FIREARM THAT HAS BEEN MANUFACTURED OR SOLD BY ANOTHER COMPANY UNDER A LICENSING AGREEMENT TO MANUFACTURE OR SELL FIREARMS THAT ARE IDENTICAL OR NEARLY IDENTICAL TO THOSE LISTED IN SUBPARAGRAPH (III), (IV), OR (V) OF THIS PARAGRAPH (a.2) OR THOSE DESCRIBED IN SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (VI), REGARDLESS OF THE COMPANY OF PRODUCTION OR DISTRIBUTION OR THE COUNTRY OF ORIGIN.

(VII)  "ASSAULT WEAPON" DOES NOT INCLUDE ANY OF THE FOLLOWING:

(A)  ANY WEAPON THAT DOES NOT USE FIXED CARTRIDGES; ANY WEAPON THAT WAS IN PRODUCTION PRIOR TO 1898; ANY MANUALLY OPERATED BOLT­ACTION WEAPON; ANY LEVER­ACTION WEAPON; ANY SLIDE­ACTION WEAPON; ANY SINGLE­SHOT WEAPON; ANY MULTIPLE­BARREL WEAPON; ANY REVOLVING­CYLINDER WEAPON; ANY SEMIAUTOMATIC WEAPON FOR WHICH THERE IS NO FIXED MAGAZINE WITH CAPACITY OF TWENTY­ONE OR MORE ROUNDS AVAILABLE; ANY SEMIAUTOMATIC WEAPON THAT USES EXCLUSIVELY EN BLOC CLIPS; ANY SEMIAUTOMATIC WEAPON IN PRODUCTION PRIOR TO 1954; AND ANY RIMFIRE WEAPON THAT EMPLOYS A TUBULAR MAGAZINE;

(B)  ANY FIREARM THAT USES .22 CALIBER RIMFIRE AMMUNITION;

(C)  ANY ASSAULT WEAPON THAT HAS BEEN MODIFIED EITHER TO RENDER IT PERMANENTLY INOPERABLE OR TO PERMANENTLY MAKE IT A DEVICE NO LONGER DEFINED AS AN ASSAULT WEAPON;

(D)  ANY ASSAULT WEAPON ON DISPLAY IN A MUSEUM.

(c.5)  "FIXED CARTRIDGE" MEANS ANY SELF­CONTAINED UNIT CONSISTING OF THE CASE, PRIMER, PROPELLANT CHARGE, AND PROJECTILE OR PROJECTILES.

(f.3)  "LICENSED DEALER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED DEALER PURSUANT TO 18 U.S.C. SEC. 923.

(f.4)  "LICENSED IMPORTER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED IMPORTER PURSUANT TO 18 U.S.C. SEC. 923.

(f.5) "LICENSED MANUFACTURER" MEANS ANY PERSON WHO QUALIFIES AS A LICENSED MANUFACTURER PURSUANT TO 18 U.S.C. SEC. 923.

(f.7)  "LOCAL LAW ENFORCEMENT AGENCY" MEANS THE POLICE DEPARTMENT OF ANY INCORPORATED CITY OR CITY AND COUNTY OR THE SHERIFF'S DEPARTMENT OF ANY UNINCORPORATED AREA OF A COUNTY.

(g.3)  "MAGAZINE" MEANS ANY BOX, DRUM, OR OTHER CONTAINER THAT HOLDS AND FEEDS AMMUNITION INTO A SEMIAUTOMATIC RIFLE, SHOTGUN, OR PISTOL.

(g.5)  "PISTOL" MEANS ANY WEAPON ORIGINALLY DESIGNED, MADE, AND INTENDED TO FIRE A PROJECTILE OR BULLET FROM ONE OR MORE BARRELS WHEN HELD IN ONE HAND AND HAVING:

(I)  A CHAMBER AS AN INTEGRAL PART OF OR PERMANENTLY ALIGNED WITH THE BORE OR HAVING A BREECH­LOADING CHAMBERED CYLINDER SO ARRANGED THAT THE COCKING OF THE HAMMER OR MOVEMENT OF THE TRIGGER ROTATES IT AND BRINGS THE NEXT CARTRIDGE IN LINE WITH THE BARREL FOR FIRING; AND

(II)  A SHORT STOCK DESIGNED TO BE GRIPPED BY ONE HAND AND AT AN ANGLE TO AND EXTENDING BELOW THE LINE OF THE BORE.

(g.7)  "RIFLE" MEANS ANY WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND INTENDED TO BE FIRED FROM THE SHOULDER OR HIP AND DESIGNED OR REDESIGNED OR MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR EACH SINGLE PULL OF THE TRIGGER AND SHALL INCLUDE ANY SUCH WEAPON THAT MAY BE READILY RESTORED TO FIRE A FIXED CARTRIDGE.

(g.8)  "SEMIAUTOMATIC" MEANS ANY WEAPON THAT FIRES A SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER THAT AUTOMATICALLY CHAMBERS THE NEXT ROUND FOR FIRING AND THAT EMPLOYS A MAGAZINE.

(i.3)  "SHOTGUN" MEANS ANY WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND INTENDED TO BE FIRED FROM THE SHOULDER OR HIP AND DESIGNED OR REDESIGNED AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN SHELL TO FIRE THROUGH A SMOOTH BORE EITHER A NUMBER OF PROJECTILES (BALL SHOT) OR A SINGLE PROJECTILE FOR EACH PULL OF THE TRIGGER AND SHALL INCLUDE ANY SUCH WEAPON THAT MAY BE READILY RESTORED TO FIRE A FIXED SHOTGUN SHELL.

SECTION 2.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­111.  Unlawful sale, ownership, or possession of assault weapons or magazines ­ exceptions ­ penalty. (1)  ON AND AFTER JANUARY 1, 1999, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON, INCLUDING ANY LICENSED DEALER, LICENSED IMPORTER, OR LICENSED MANUFACTURER, SHALL KNOWINGLY SELL, OWN, OR POSSESS AN ASSAULT WEAPON OR A MAGAZINE THAT HOLDS OR MAY BE MODIFIED TO HOLD TWENTY­ONE OR MORE ROUNDS. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBSECTION (1) COMMITS THE OFFENSE OF UNLAWFUL SALE, OWNERSHIP, OR POSSESSION OF AN ASSAULT WEAPON OR MAGAZINE. FOR PURPOSES OF THIS SECTION, "SELL, OWN, OR POSSESS" INCLUDES THE SALE, PURCHASE, RECEIPT, TRANSFER, MANUFACTURE, STORAGE, OWNERSHIP, OR POSSESSION OF AN ASSAULT WEAPON OR MAGAZINE.

(2)  UNLAWFUL SALE, OWNERSHIP, OR POSSESSION OF AN ASSAULT WEAPON OR MAGAZINE IS AN UNCLASSIFIED MISDEMEANOR THAT SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS.

(3)  THIS SECTION SHALL NOT APPLY TO THE SALE, OWNERSHIP, OR POSSESSION OF ANY ASSAULT WEAPON OR MAGAZINE BY A FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY OR POSSESSION OF ANY ASSAULT WEAPON BY AN AUTHORIZED EMPLOYEE OF A FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY WHILE SUCH EMPLOYEE IS ACTING IN HIS OR HER OFFICIAL CAPACITY.

(4)  THIS SECTION SHALL NOT APPLY TO THE SALE, OWNERSHIP, OR POSSESSION OF ANY ASSAULT WEAPON OR MAGAZINE BY ANY LICENSED DEALER, LICENSED IMPORTER, OR LICENSED MANUFACTURER FOR PURPOSES OF SALE OR TRANSFER OF SUCH ASSAULT WEAPON TO A FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY OR A FOREIGN COUNTRY IF SUCH SALE IS PERMITTED UNDER FEDERAL LAW.

(5) (a)  THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OR POSSESSION OF ANY ASSAULT WEAPON BY ANY PERSON OVER THE AGE OF TWENTY­ONE YEARS WHO, ON OR BEFORE JANUARY 1, 1999, OBTAINS A PERMIT PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (5), TO KEEP, STORE, AND POSSESS SUCH ASSAULT WEAPON. THE PERSON MAY OBTAIN THE PERMIT FROM THE LOCAL LAW ENFORCEMENT AGENCY, AS PROVIDED IN THIS SUBSECTION (5) AND SECTIONS 30­10­524 AND 31­4­112.5, C.R.S., OF THE JURISDICTION IN WHICH THE PERSON RESIDES.

(b)  ANY PERSON OVER THE AGE OF TWENTY­ONE YEARS WHO LEGALLY POSSESSED AN ASSAULT WEAPON PRIOR TO JANUARY 1, 1999, MAY OBTAIN A PERMIT TO KEEP, STORE, AND POSSESS THE ASSAULT WEAPON IF:

(I)  THE ASSAULT WEAPON IS IDENTIFIABLE AND CONTAINS ITS ORIGINAL SERIAL NUMBER;

(II)  AN APPLICATION FOR A PERMIT FOR EACH ASSAULT WEAPON IS FILED WITH THE APPLICABLE LOCAL LAW ENFORCEMENT AGENCY WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO SUCH PROCEDURES AS THE APPLICABLE LOCAL LAW ENFORCEMENT AGENCY MAY ESTABLISH. THE APPLICATION SHALL CONTAIN A DESCRIPTION OF THE FIREARM THAT IDENTIFIES IT UNIQUELY, INCLUDING ALL IDENTIFICATION MARKS AND NUMBERS, THE FULL NAME, ADDRESS, DATE OF BIRTH, AND FINGERPRINTS OF THE OWNER, THE ADDRESS WHERE THE ASSAULT WEAPON WILL BE STORED, AND SUCH OTHER INFORMATION AS THE LOCAL LAW ENFORCEMENT AGENCY MAY DEEM APPROPRIATE. THE PLACE OF STORAGE AND POSSESSION SHALL NOT BE CHANGED WITHOUT NOTIFICATION TO THE LOCAL LAW ENFORCEMENT AGENCY OF THE PROPOSED CHANGE IN LOCATION AND THE TIME WHEN THE ASSAULT WEAPON WILL BE TRANSPORTED. THE LOCAL LAW ENFORCEMENT AGENCY MAY CHARGE A FEE FOR ISSUANCE OF A PERMIT PURSUANT TO THIS PARAGRAPH (b). THE AMOUNT OF THE FEE SHALL NOT EXCEED THE ACTUAL COSTS INCURRED IN ISSUING THE PERMIT.

(c)  THE APPLICABLE LOCAL LAW ENFORCEMENT AGENCY SHALL ISSUE A PERMIT THAT IDENTIFIES THE ASSAULT WEAPON AND WHERE IT IS TO BE STORED.

(d)  THE INFORMATION REQUIRED FOR THE PERMITTING OF ASSAULT WEAPONS SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE MADE AVAILABLE TO MEMBERS OF THE GENERAL PUBLIC. THE INFORMATION ON A PERMIT APPLICATION SHALL BE USED ONLY FOR LAW ENFORCEMENT PURPOSES.

SECTION 3.  Part 5 of article 10 of title 30, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

30­10­524.  Sheriff ­ permits for assault weapons. ON OR BEFORE JANUARY 1, 1999, THE SHERIFF OF EACH COUNTY SHALL ISSUE A PERMIT TO KEEP, STORE, AND POSSESS AN ASSAULT WEAPON, AS DEFINED IN SECTION 18­12­101 (a.2), C.R.S., IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN SECTION 18­12­111 (5), C.R.S.

SECTION 4.  Part 1 of article 4 of title 31, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

31­4­112.5.  Chief of police ­ permits for assault weapons. ON OR BEFORE JANUARY 1, 1999, THE CHIEF OF POLICE OF A CITY OR CITY AND COUNTY SHALL ISSUE A PERMIT TO KEEP, STORE, AND POSSESS AN ASSAULT WEAPON, AS DEFINED IN SECTION 18­12­101 (a.2), C.R.S., IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN SECTION 18­12­111 (5), C.R.S.

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.