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Second Regular Session
Sixty-first General Assembly
LLS NO. 980551.01 JAP
HOUSE BILL 981260
STATE OF COLORADO
BY REPRESENTATIVES Salaz, McElhany, Pankey, McPherson, Arrington, Dean, Lamborn, Musgrave, Owen, Paschall, Pfiffner, Smith, Taylor, and Young;
also SENATOR B. Alexander. REENGROSSED
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING RESTRICTIONS ON THE REGULATION OF FIREARMS
BY LOCAL GOVERNMENTS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Recognizes that firearms regulation is a matter of
statewide concern. Prohibits any municipality, county, or city
and county from adopting any ordinance or resolution that would
impose a greater restriction on a person's ability to own, possess,
carry, use, or transfer a firearm than is imposed by state law.
Identifies imposition of a greater penalty as being a greater
restriction. Specifies that any ordinance or resolution in existence
as of the effective date of this act that violates the provisions
of this act shall be deemed unauthorized and unenforceable on
or after the effective date of this act.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
1812111. Limitation on local ordinances regarding firearms legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS THAT THE VARIETY OF FIREARMS REGULATIONS EXISTING IN THE MUNICIPALITIES AND COUNTIES AROUND THE STATE CREATES A CONFUSING AND UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A CITIZEN WHO IS LAWFULLY POSSESSING OR CARRYING A FIREARM IN ONE MUNICIPALITY, COUNTY, OR CITY AND COUNTY TO CRIMINAL PENALTIES JUST BECAUSE HE OR SHE TRAVELS INTO ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY. THEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT FIREARMS REGULATION IS A MATTER OF STATEWIDE CONCERN.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL HAVE THE AUTHORITY TO ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD PREVENT A PERSON FROM HAVING OR OTHERWISE RESTRICT A PERSON'S ABILITY TO HAVE A LEGALLY OWNED FIREARM IN THE PERSON'S VEHICLE. (3) ANY ORDINANCE OR RESOLUTION PASSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE DEEMED UNAUTHORIZED AND THEREFORE UNENFORCEABLE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
SECTION 2. 1812105 (2) (b), Colorado Revised Statutes, is amended, and the said 1812105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1812105. Unlawfully carrying a concealed weapon unlawful possession of weapons. (2) It shall be an affirmative defense that the defendant was:
A person in a private
automobile or other private means of conveyance who carries a
weapon for lawful protection of such person's or another's person
or property while traveling; or
(3) IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF A PERSON IN A PRIVATE AUTOMOBILE OR OTHER PRIVATE MEANS OF CONVEYANCE CARRIES A WEAPON FOR LAWFUL PROTECTION OF SUCH PERSON'S OR ANOTHER'S PERSON OR PROPERTY WHILE TRAVELING.
SECTION 3. Effective
date. This act shall take effect September 1, 1998, unless
a referendum petition is filed during the ninetyday period
after final adjournment of the general assembly that is allowed
for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution. If such a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the