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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0112.01 JAP SENATE BILL 98­081

STATE OF COLORADO

BY SENATOR Chlouber;

also REPRESENTATIVE George.

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING PERMITS TO CARRY CONCEALED HANDGUNS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

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

Authorization for permits. Specifies that the issuance of permits to carry concealed handguns is a matter of statewide concern, and assigns responsibility for issuing the permits to county sheriffs and the official having the duties of a sheriff in any city and county.

Qualifications to receive permits. Specifies the qualifications for receiving a permit, including:

$ Residency;

$ Age;

$ Criminal history;

$ Whether the applicant is the subject of a restraining order or an emergency protection order;

$ Whether the applicant uses controlled substances or alcoholic beverages illegally or excessively;

$ Mental health;

$ Competence with a handgun;

$ Whether the sheriff has grounds to believe the applicant would be dangerous to himself or herself or to others.

Use of permits. Specifies the contents of the permit and how the permit may be used. Identifies conditions under which a handgun is not considered concealed.

Submittal of applications. Specifies the documents, including an application, a permit fee, and, in some circumstances, a photograph, that an applicant must submit to a sheriff to apply for a concealed handgun permit. Instructs the sheriff to witness the applicant's signature on the permit application, verify the applicant's identity, take two full sets of the applicant's fingerprints, and determine whether the applicant meets the requirements for obtaining a permit. Specifies the procedures for denying a permit, including judicial review of the denial. Instructs the sheriff to notify the Colorado Bureau of Investigation ("CBI") of persons receiving permits. Directs the sheriff to establish the amount of the new and renewal permit fees based on the costs of issuing and renewing the permits, and sets caps on the fee amounts.

Duties of CBI. Requires the CBI to send one set of fingerprints to the federal bureau of investigation for processing and to process the other set of fingerprints. Requires the CBI to maintain a listing of permit holders that is available only to law enforcement agencies.

Emergency permits. Establishes procedures for sheriffs to issue emergency permits to any person who is protected under a restraining or emergency protection order or who is in immediate danger.

Maintaining and renewing permits. Specifies conditions under which a permit may become invalid or may be suspended. Establishes procedures for renewing a permit, including the documents and fee to be filed.

Exemptions. Exempts peace officers, level I and level Ia, and comparable federal officers from the requirement to obtain a permit. Exempts peace officers, level II, while on duty, from the requirement to obtain a permit.

Carrying restrictions. Specifies that a permit does not authorize a permittee to carry a concealed handgun in areas where carrying is prohibited by federal law. Allows a municipality, county, or city and county to pass an ordinance limiting the carrying of handguns, but provides that the ordinance shall not apply to anyone who has a concealed handgun permit.

Immunity. Grants civil immunity to the CBI, local law enforcement agencies, and employees of said entities for the good faith implementation of the act. Grants civil immunity for damages arising from issuance or denial of a permit to persons who provide information concerning an applicant.

Existing permits. Provides that permits issued prior to July 1, 1998, shall expire on June 30, 1999. Specifies procedures for renewing the permits.

Makes possession of a concealed handgun permit an exception to the offense of carrying a concealed handgun, rather than an affirmative defense.

Makes conforming amendments.

Makes an appropriation.

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 PART to read:

PART 2

PERMITS TO CARRY CONCEALED HANDGUNS

18­12­201.  Legislative declaration. THE GENERAL ASSEMBLY FINDS AS A MATTER OF PUBLIC POLICY AND FACT THAT THE ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS IS A MATTER OF STATEWIDE CONCERN, THAT IT IS NECESSARY TO PROVIDE STATEWIDE UNIFORM STANDARDS FOR ISSUING PERMITS TO CARRY CONCEALED HANDGUNS FOR SELF­DEFENSE, AND THAT IT IS NECESSARY THAT THE STATE OCCUPY THE FIELD OF REGULATION OF THE BEARING OF CONCEALED HANDGUNS FOR SELF­DEFENSE TO ENSURE THAT NO HONEST, LAW­ABIDING PERSON WHO QUALIFIES FOR A PERMIT UNDER THE PROVISIONS OF THIS PART 2 IS SUBJECTIVELY OR ARBITRARILY DENIED THE ABILITY TO CARRY A CONCEALED HANDGUN. THEREFORE, THE SHERIFF OF EACH COUNTY AND THE MANAGER OF PUBLIC SAFETY OF EACH CITY AND COUNTY IN COLORADO SHALL IMPLEMENT AND ADMINISTER THE PROVISIONS OF THIS PART 2. THE GENERAL ASSEMBLY DOES NOT DELEGATE TO THE SHERIFFS OR PUBLIC SAFETY MANAGERS THE AUTHORITY TO REGULATE OR RESTRICT THE ISSUING OF PERMITS PROVIDED FOR IN THIS PART 2 BEYOND THE PROVISIONS OF THIS PART 2. ANY ACTION OR RULE THAT ENCUMBERS THE PERMIT ISSUING PROCESS BY PLACING BURDENS ON THE APPLICANT BEYOND THOSE SWORN STATEMENTS AND SPECIFIED DOCUMENTS DETAILED IN THIS PART 2 OR THAT CREATES RESTRICTIONS BEYOND THOSE SPECIFIED IN THIS PART 2 IS IN CONFLICT WITH THE INTENT OF THIS PART 2 AND ARE PROHIBITED.

18­12­202.  Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION WITHIN THE DEPARTMENT OF PUBLIC SAFETY.

(2)  "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION.

(3)  "HANDGUN" MEANS A HANDGUN AS DEFINED IN SECTION 18­12­101 (1) (e.5); EXCEPT THAT THE TERM DOES NOT INCLUDE A MACHINE GUN AS DEFINED IN SECTION 18­12­101 (1) (g).

(4)  "HANDGUN TRAINING CLASS" MEANS ONE OF THE FOLLOWING CLASSES OR COURSES THAT SHALL INCLUDE TRAINING IN THE SAFE HANDLING AND STORAGE OF HANDGUNS, HANDGUN CARE AND MAINTENANCE, AND THE LAWFUL USE OF DEADLY PHYSICAL FORCE:

(a)  ANY NATIONAL RIFLE ASSOCIATION HANDGUN SAFETY OR TRAINING CLASS OR COURSE;

(b)  ANY HANDGUN SAFETY OR TRAINING CLASS OR COURSE AVAILABLE TO THE GENERAL PUBLIC AND OFFERED BY A LAW ENFORCEMENT AGENCY OR BY A JUNIOR COLLEGE, COLLEGE, OR UNIVERSITY OR BY A PRIVATE OR PUBLIC INSTITUTION, ORGANIZATION, OR HANDGUN TRAINING SCHOOL THAT USES INSTRUCTORS CERTIFIED BY THE NATIONAL RIFLE ASSOCIATION OR BY THE POLICE OFFICERS STANDARDS AND TRAINING BOARD; OR

(c)  ANY HANDGUN SAFETY OR TRAINING CLASS OR COURSE CONDUCTED BY A STATE CERTIFIED OR NATIONAL RIFLE ASSOCIATION CERTIFIED FIREARMS INSTRUCTOR.

(5)  "LAWFUL USE OF DEADLY PHYSICAL FORCE" MEANS THE USE OF DEADLY PHYSICAL FORCE, AS THAT TERM IS DEFINED IN SECTION 18­1­901 (3) (d), BY PERSONS USING HANDGUNS AND WHICH FORCE IS JUSTIFIED PURSUANT TO THE PROVISIONS OF PART 7 OF ARTICLE 1 OF THIS TITLE.

(6)  "PERMIT" MEANS A PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO THE PROVISIONS OF THIS PART 2; EXCEPT THAT "PERMIT" DOES NOT INCLUDE A TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT TO SECTION 18­12­208.

(7)  "SHERIFF" MEANS THE SHERIFF OF A COUNTY, OR HIS OR HER DESIGNEE, OR THE OFFICIAL WHO HAS THE DUTIES OF A SHERIFF IN A CITY AND COUNTY, OR HIS OR HER DESIGNEE.

(8)  "TRAINING CERTIFICATE" MEANS A CERTIFICATE, AFFIDAVIT, OR OTHER DOCUMENT ISSUED BY THE INSTRUCTOR, SCHOOL, CLUB, OR ORGANIZATION THAT CONDUCTS A HANDGUN TRAINING CLASS THAT EVIDENCES AN APPLICANT'S SUCCESSFUL COMPLETION OF THE CLASS REQUIREMENTS.

18­12­203.  Criteria for obtaining a permit. (1)  EFFECTIVE SEPTEMBER 1, 1998, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A SHERIFF SHALL ISSUE A PERMIT TO CARRY A CONCEALED HANDGUN TO ANY APPLICANT WHO:

(a)  IS A LEGAL RESIDENT OF THE STATE OF COLORADO;

(b)  IS TWENTY­ONE YEARS OF AGE OR OLDER;

(c)  IS NOT INELIGIBLE TO POSSESS A FIREARM PURSUANT TO SECTION 18­12­108 OR ANY FEDERAL LAW;

(d)  HAS NOT BEEN PREVIOUSLY CONVICTED OF A FELONY AND DOES NOT HAVE ANY UNRESOLVED FELONY CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(e)  HAS NOT BEEN CONVICTED OF PERJURY UNDER SECTION 18­8­503, IN RELATION TO INFORMATION PROVIDED OR DELIBERATELY OMITTED ON A PERMIT APPLICATION SUBMITTED PURSUANT TO THIS PART 2;

(f)  HAS NOT BEEN PREVIOUSLY CONVICTED OF THIRD DEGREE ASSAULT, AS DESCRIBED IN SECTION 18­3­204, MISDEMEANOR THIRD DEGREE SEXUAL ASSAULT, AS DESCRIBED IN SECTION 18­3­404, MISDEMEANOR CHILD ABUSE, AS DESCRIBED IN SECTION 18­6­401, OR ANY MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE OR THE UNITED STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE OFFENSE INVOLVED THE USE OF FORCE AGAINST A SPOUSE, A FORMER SPOUSE, OR A CHILD AND DOES NOT HAVE ANY SUCH UNRESOLVED CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(g)  IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT FOR ARREST;

(h)  HAS NOT, WITHIN THE TEN­YEAR PERIOD PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, BEEN ADJUDICATED A JUVENILE DELINQUENT PURSUANT TO ARTICLE 2 OF TITLE 19, C.R.S., OR SIMILAR LAWS OF ANY OTHER STATE FOR AN ACT THAT WOULD HAVE CONSTITUTED A FELONY HAD THE APPLICANT BEEN AN ADULT AT THE TIME OF THE COMMISSION OF THE ACT AND DOES NOT HAVE ANY UNRESOLVED CHARGES FOR SUCH AN ACT PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES. A PERSON SHALL BE CONSIDERED ADJUDICATED WITHIN THE TEN­YEAR PERIOD PRECEDING APPLICATION IF THE PERSON WAS NOT COMMITTED OR PLACED UNDER SUPERVISION PURSUANT TO SECTION 19­2­907, C.R.S., AND LESS THAN TEN YEARS HAVE ELAPSED BETWEEN THE DATE OF ADJUDICATION AND THE DATE OF APPLICATION, OR, IF THE PERSON WAS COMMITTED OR PLACED UNDER SUPERVISION PURSUANT TO SECTION 19­2­907, C.R.S., LESS THAN TEN YEARS HAVE ELAPSED BETWEEN THE DATE OF RELEASE FROM COMMITMENT OR SUPERVISION AND THE DATE OF APPLICATION.

(i)  HAS NOT, WITHIN THE TEN­YEAR PERIOD PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, BEEN ADJUDICATED A JUVENILE DELINQUENT FOR ANY ACT THAT WOULD CONSTITUTE THIRD DEGREE ASSAULT, AS DESCRIBED IN SECTION 18­3­204, MISDEMEANOR THIRD DEGREE SEXUAL ASSAULT, AS DESCRIBED IN SECTION 18­3­404, MISDEMEANOR CHILD ABUSE, AS DESCRIBED IN SECTION 18­6­401, OR A VIOLATION OF ANY MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE OR THE UNITED STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE OFFENSE INVOLVED THE USE OF FORCE AGAINST A SPOUSE, A FORMER SPOUSE, OR A CHILD HAD THE APPLICANT BEEN AN ADULT AT THE TIME OF THE COMMISSION OF THE ACT AND DOES NOT HAVE ANY UNRESOLVED CHARGES FOR SUCH AN ACT PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES. A PERSON SHALL BE CONSIDERED ADJUDICATED WITHIN THE TEN­YEAR PERIOD PRECEDING APPLICATION IF THE PERSON WAS NOT COMMITTED OR PLACED UNDER SUPERVISION PURSUANT TO SECTION 19­2­907, C.R.S., AND LESS THAN TEN YEARS HAVE ELAPSED BETWEEN THE DATE OF ADJUDICATION AND THE DATE OF APPLICATION, OR, IF THE PERSON WAS COMMITTED OR PLACED UNDER SUPERVISION PURSUANT TO SECTION 19­2­907, C.R.S., LESS THAN TEN YEARS HAVE ELAPSED BETWEEN THE DATE OF RELEASE FROM COMMITMENT OR SUPERVISION AND THE DATE OF APPLICATION.

(j)  HAS NOT, WITHIN THE TEN­YEAR PERIOD PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, HAD A JUDGMENT DEFERRED OR A DEFERRED PROSECUTION IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES FOR ANY OFFENSE SPECIFIED IN PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (1);

(k)  IS NOT THE SUBJECT OF ANY VALID RESTRAINING OR EMERGENCY PROTECTION ORDER ISSUED PURSUANT TO SECTION 13­6­107, C.R.S., ARTICLE 4 OF TITLE 14, C.R.S., SECTION 14­10­107 OR 14­10­108, C.R.S., SECTION 18­1­1001, SECTION 19­3­316 OR 19­4­111, C.R.S., OR RULE 365 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE;

(l)  DOES NOT USE CONTROLLED SUBSTANCES WITHOUT A PRESCRIPTION AND HAS NEITHER BEEN RELEASED FROM COMMITMENT FOR THE ABUSE OF A CONTROLLED SUBSTANCE PURSUANT TO SECTION 25­1­1104, 25­1­1105, 25­1­1106, OR 25­1­1107, C.R.S., NOR BEEN FOUND GUILTY OF A VIOLATION OF SECTION 18­18­404, 18­18­405, OR 18­18­406 OR ANY SIMILAR LAW OF ANOTHER STATE OR OF THE UNITED STATES RELATING TO CONTROLLED SUBSTANCES WITHIN THE TEN­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED;

(m)  DOES NOT CHRONICALLY AND HABITUALLY USE ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES ARE IMPAIRED. IT SHALL BE PRESUMED THAT AN APPLICANT CHRONICALLY AND HABITUALLY USES ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES ARE IMPAIRED IF THE APPLICANT HAS BEEN COMMITTED AS AN ALCOHOLIC PURSUANT TO SECTION 25­1­308, 25­1­309, 25­1­310, OR 25­1­311, C.R.S., OR HAS HAD TWO OR MORE ALCOHOL­RELATED CONVICTIONS OR REVOCATIONS UNDER SECTION 42­4­1301 (1) OR (2) OR 42­2­126, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE WITHIN THE TEN­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED.

(n)  HAS NOT BEEN ADJUDICATED AN INCAPACITATED PERSON PURSUANT TO SECTION 15­14­304, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE OR, IF THE APPLICANT HAS BEEN ADJUDICATED AN INCAPACITATED PERSON, A COURT HAS ISSUED AN ORDER DECLARING THE PERSON COMPETENT AT LEAST FIVE YEARS PRIOR TO THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED;

(o)  HAS NOT BEEN COMMITTED TO A MENTAL INSTITUTION PURSUANT TO SECTION 27­10­106 OR 27­10­107, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE, UNLESS THE APPLICANT PRODUCES A CERTIFICATE FROM A LICENSED PSYCHIATRIST STATING THAT, SUBSEQUENT TO COMMITMENT, THE APPLICANT HAS NOT EXHIBITED A CONDITION THAT WOULD POSE A RISK TO PUBLIC SAFETY WITHIN THE FIVE­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED; AND

(p)  DEMONSTRATES COMPETENCE WITH A HANDGUN BY SUBMITTING EITHER:

(I)  A CERTIFICATE SHOWING HONORABLE DISCHARGE FROM MILITARY SERVICE THAT REFLECTS PISTOL QUALIFICATIONS OBTAINED WITHIN FIVE YEARS PRIOR TO THE DATE ON WHICH THE PERMIT APPLICATION WAS SUBMITTED; OR

(II)  A TRAINING CERTIFICATE FROM A HANDGUN TRAINING CLASS. THE APPLICANT SHALL SUBMIT THE ORIGINAL TRAINING CERTIFICATE OR A PHOTOCOPY THEREOF THAT IS CERTIFIED BY A NOTARY PUBLIC AS TO ITS ACCURACY.

(2)  IF THE SHERIFF HAS DOCUMENTABLE GROUNDS TO BELIEVE THAT AN APPLICANT HAS BEEN OR IS LIKELY TO BE A DANGER TO HIMSELF OR HERSELF, TO OTHERS, OR TO THE COMMUNITY AT LARGE, BASED ON INFORMATION OBTAINED WHILE VERIFYING PURSUANT TO SECTION 18­12­205 (4) (c) THAT THE APPLICANT MEETS THE CRITERIA FOR OBTAINING A PERMIT, THE SHERIFF SHALL DENY THE PERMIT.

(3)  THE SHERIFF SHALL DENY, REVOKE, OR REFUSE TO RENEW A PERMIT IF AN APPLICANT OR A PERMITTEE FAILS TO MEET ANY OF THE CRITERIA LISTED IN SUBSECTION (1) OF THIS SECTION OR ON THE GROUNDS SPECIFIED IN SUBSECTION (2) OF THIS SECTION. FOLLOWING ISSUANCE OF A PERMIT, IF THE ISSUING SHERIFF HAS REASON TO BELIEVE THAT A PERMITTEE NO LONGER MEETS THE CRITERIA SPECIFIED IN SUBSECTION (1) OF THIS SECTION OR THAT THE PERMITTEE PRESENTS A DANGER AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE SHERIFF SHALL SUSPEND THE PERMIT UNTIL SUCH TIME AS THE MATTER IS RESOLVED AND THE ISSUING SHERIFF DETERMINES THAT THE PERMITTEE IS ELIGIBLE TO POSSESS A PERMIT AS PROVIDED IN THIS SECTION.

18­12­204.  Contents of permits ­ validity ­ carrying requirements. (1)  EACH PERMIT SHALL BEAR A COLOR PHOTOGRAPH OF THE PERMITTEE AND SHALL DISPLAY THE SIGNATURE OF THE SHERIFF WHO ISSUES THE PERMIT. A PERMIT IS VALID THROUGHOUT THE STATE FOR A PERIOD OF THREE YEARS AFTER THE DATE OF ISSUANCE AND MAY BE RENEWED AS PROVIDED IN SECTION 18­12­210.

(2)  ANY PERMITTEE, IN COMPLIANCE WITH THE TERMS OF A PERMIT, MAY CARRY A CONCEALED HANDGUN NOTWITHSTANDING THE PROVISIONS OF SECTION 18­12­105. THE PERMITTEE SHALL CARRY THE PERMIT, TOGETHER WITH VALID IDENTIFICATION, AT ALL TIMES DURING WHICH THE PERMITTEE IS IN ACTUAL POSSESSION OF A CONCEALED HANDGUN AND SHALL PRODUCE BOTH DOCUMENTS UPON DEMAND BY A LAW ENFORCEMENT OFFICER. FAILURE TO PRODUCE A PERMIT UPON DEMAND BY A LAW ENFORCEMENT OFFICER RAISES A REBUTTABLE PRESUMPTION THAT THE PERSON DOES NOT HAVE A PERMIT. FAILURE TO CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON DEMAND AS REQUIRED IN THIS SUBSECTION (2) IS A CLASS 2 MISDEMEANOR. A CHARGE OF FAILURE TO CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON DEMAND PURSUANT TO THIS SUBSECTION (2) SHALL BE DISMISSED BY THE COURT IF, AT OR BEFORE THE PERMITTEE'S SCHEDULED COURT APPEARANCE, THE PERMITTEE EXHIBITS TO THE COURT A CURRENTLY VALID PERMIT AND VALID IDENTIFICATION ISSUED TO THE PERMITTEE.

(3) (a)  ANY PERSON WHO MAY LAWFULLY POSSESS A HANDGUN MAY CARRY A HANDGUN UNDER THE FOLLOWING CIRCUMSTANCES WITHOUT OBTAINING A PERMIT:

(I)  THE HANDGUN, OR A PORTION OF THE HANDGUN, IS SUFFICIENTLY VISIBLE THAT A REASONABLE PERSON IS ABLE TO DISCERN THAT IT IS A HANDGUN, INCLUDING BUT NOT LIMITED TO A HANDGUN IN A HOLSTER THAT IS WORN OUTSIDE THE BEARER=S CLOTHING; OR

(II)  THE HANDGUN IS IN A CASE, COVER, OR ENCLOSURE DESIGNED SPECIFICALLY FOR CARRYING, COVERING, OR PROTECTING THE HANDGUN AND SUCH CASE, COVER, OR ENCLOSURE IS NOT FASTENED TO THE PERSON OR THE CLOTHING OF THE PERSON CARRYING THE HANDGUN; OR

(III)  THE HANDGUN IS IN THE POSSESSION OF A PERSON WHO IS IN A PRIVATE AUTOMOBILE OR IN SOME OTHER PRIVATE MEANS OF CONVEYANCE AND WHO CARRIES THE HANDGUN FOR ANY LEGAL USE OR FOR TRANSPORTATION TO AND FROM ANY OTHER LEGAL ACTIVITY INCLUDING, BUT NOT LIMITED TO, TARGET SHOOTING OR HUNTING.

(b)  THE PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE CONSTRUED TO AUTHORIZE THE CARRYING OF A HANDGUN IN VIOLATION OF THE PROVISIONS OF SECTION 18­12­105 OR 18­12­105.5.

18­12­205.  Sheriff ­ application ­ procedure ­ background check. (1) (a)  TO OBTAIN A PERMIT, A PERSON SHALL SUBMIT A PERMIT APPLICATION ON A STATEWIDE STANDARDIZED FORM DEVELOPED BY THE SHERIFFS AND AVAILABLE FROM THE SHERIFF OF ANY COUNTY OR CITY AND COUNTY. THE PERMIT APPLICATION FORM SHALL SOLICIT ONLY THE FOLLOWING INFORMATION FROM THE APPLICANT:

(I)  THE APPLICANT'S FULL NAME AND ADDRESS;

(II)  WHETHER THE APPLICANT IS A RESIDENT OF THIS STATE AS OF THE DATE OF APPLICATION, AND WHETHER THE APPLICANT HAS A VALID DRIVER'S LICENSE OR OTHER STATE­ISSUED PHOTO IDENTIFICATION PROVING SUCH RESIDENCE; AND

(III)  WHETHER THE APPLICANT MEETS THE CRITERIA FOR OBTAINING A PERMIT SPECIFIED IN SECTION 18­12­203 (1).

(b)  THE PERMIT APPLICATION FORM SHALL NOT REQUIRE ANY WAIVER OR RELEASE BY THE APPLICANT OF ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO THE WAIVER OR RELEASE OF ANY PRIVILEGED OR CONFIDENTIAL INFORMATION CONTAINED IN MEDICAL RECORDS.

(2) (a)  AN APPLICANT SHALL COMPLETE THE PERMIT APPLICATION FORM AND RETURN IT, IN PERSON, TO THE SHERIFF OF THE COUNTY OR CITY AND COUNTY IN WHICH THE APPLICANT RESIDES. THE APPLICANT SHALL SIGN THE COMPLETED PERMIT APPLICATION FORM IN PERSON BEFORE THE SHERIFF. THE SIGNATURE SHALL BE GIVEN VOLUNTARILY UPON A SWORN OATH THAT THE APPLICANT KNOWS THE CONTENTS OF THE PERMIT APPLICATION AND THAT THE INFORMATION CONTAINED IN THE PERMIT APPLICATION IS TRUE AND CORRECT. ANY APPLICANT WHO KNOWINGLY AND INTENTIONALLY MAKES ANY FALSE OR MISLEADING STATEMENT ON A PERMIT APPLICATION OR DELIBERATELY OMITS ANY MATERIAL INFORMATION REQUESTED ON THE APPLICATION COMMITS PERJURY AS DEFINED IN SECTION 18­8­503. UPON CONVICTION, SAID APPLICANT SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­105. IN ADDITION, SAID APPLICANT SHALL BE DENIED THE RIGHT TO OBTAIN OR POSSESS A PERMIT AND THE SHERIFF SHALL REVOKE SAID APPLICANT'S PERMIT IF ISSUED PRIOR TO CONVICTION.

(b)  THE APPLICANT SHALL ALSO SUBMIT TO THE SHERIFF A PERMIT FEE NOT TO EXCEED ONE HUNDRED TWENTY­FIVE DOLLARS FOR PROCESSING THE PERMIT APPLICATION. THE SHERIFF SHALL SET THE AMOUNT OF THE PERMIT FEE AS PROVIDED IN SUBSECTION (5) OF THIS SECTION. IN ADDITION, THE APPLICANT SHALL SUBMIT AN AMOUNT SPECIFIED BY THE DIRECTOR, PURSUANT TO SECTION 24­72­306, C.R.S., FOR PROCESSING THE APPLICANT'S FINGERPRINTS THROUGH THE BUREAU AND THROUGH THE FEDERAL BUREAU OF INVESTIGATION. THE APPLICANT SHALL PAY THE AMOUNT FOR PROCESSING FINGERPRINTS IN THE FORM OF A MONEY ORDER OR A CASHIER'S CHECK MADE PAYABLE TO THE BUREAU. NEITHER THE PERMIT FEE NOR THE FINGERPRINT PROCESSING FEE SHALL BE REFUNDABLE IN THE EVENT THE SHERIFF DENIES THE APPLICANT'S PERMIT APPLICATION OR SUSPENDS OR REVOKES THE PERMIT SUBSEQUENT TO ISSUANCE.

(3)  IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, THE APPLICANT, WHEN SUBMITTING THE COMPLETED PERMIT APPLICATION, SHALL SUBMIT THE FOLLOWING ITEMS TO THE SHERIFF:

(a)  DOCUMENTARY EVIDENCE DEMONSTRATING COMPETENCE WITH A HANDGUN AS SPECIFIED IN SECTION 18­12­203 (1) (p); AND

(b)  A FULL FRONTAL VIEW COLOR PHOTOGRAPH OF THE APPLICANT TAKEN WITHIN THE THIRTY DAYS IMMEDIATELY PRECEDING SUBMITTAL OF THE PERMIT APPLICATION; EXCEPT THAT THE APPLICANT NEED NOT SUBMIT A PHOTOGRAPH IF THE SHERIFF PHOTOGRAPHS THE APPLICANT FOR PURPOSES OF ISSUING A PERMIT. ANY PHOTOGRAPH SUBMITTED SHALL SHOW THE APPLICANT'S FULL HEAD, INCLUDING HAIR AND FACIAL FEATURES, AND THE DEPICTION OF THE APPLICANT'S HEAD SHALL MEASURE ONE AND ONE­EIGHTH INCHES WIDE AND ONE AND ONE­FOURTH INCHES HIGH.

(4) (a)  THE SHERIFF SHALL WITNESS THE APPLICANT'S SIGNATURE ON THE PERMIT APPLICATION AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND VERIFY THAT THE PERSON MAKING APPLICATION FOR A PERMIT IS THE SAME PERSON IN ANY PHOTOGRAPH SUBMITTED AND THE SAME PERSON WHO SIGNED THE PERMIT APPLICATION FORM. TO VERIFY THE APPLICANT'S IDENTITY, THE APPLICANT SHALL PRESENT TO THE SHERIFF THE APPLICANT'S VALID COLORADO DRIVER'S LICENSE OR VALID COLORADO PHOTO IDENTIFICATION.

(b)  AFTER VERIFYING THE APPLICANT'S IDENTITY, THE SHERIFF SHALL TAKE TWO COMPLETE SETS OF THE APPLICANT'S FINGERPRINTS. THE SHERIFF SHALL SUBMIT BOTH SETS OF FINGERPRINTS TO THE BUREAU. IN THE EVENT A LEGIBLE SET OF FINGERPRINTS, AS DETERMINED BY THE BUREAU OR THE FEDERAL BUREAU OF INVESTIGATION, CANNOT BE OBTAINED AFTER TWO ATTEMPTS, THE SHERIFF SHALL CONDUCT A NAME CHECK, RATHER THAN A FINGERPRINT CHECK.

(c)  AFTER RECEIPT OF A PERMIT APPLICATION AND THE ITEMS SPECIFIED IN THIS SECTION, THE SHERIFF SHALL VERIFY THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND IS NOT A DANGER AS DESCRIBED IN SECTION 18­12­203 (2). THE SHERIFF MAY CONSULT WITH ANY OTHER LOCAL LAW ENFORCEMENT AGENCIES LOCATED IN THE SHERIFF'S JURISDICTION.

(5)  THE SHERIFF IN EACH COUNTY OR CITY AND COUNTY IN THE STATE SHALL ESTABLISH THE AMOUNT OF THE NEW AND RENEWAL PERMIT FEES WITHIN HIS OR HER JURISDICTION. THE AMOUNT OF THE NEW AND RENEWAL PERMIT FEES SHALL COMPLY WITH THE LIMITS SPECIFIED IN PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION AND SECTION 18­12­210 (1), RESPECTIVELY. THE FEE AMOUNTS SHALL REFLECT THE DIRECT AND INDIRECT COSTS TO THE SHERIFF OF PROCESSING PERMIT APPLICATIONS AND RENEWAL APPLICATIONS PURSUANT TO THIS PART 2.

18­12­206.  Sheriff ­ issuance or denial of permits ­ notice to bureau. (1)  WITHIN NINETY DAYS AFTER THE DATE OF RECEIPT OF THE ITEMS SPECIFIED IN SECTION 18­12­205, THE SHERIFF SHALL:

(a)  APPROVE THE PERMIT APPLICATION AND ISSUE THE PERMIT; OR

(b)  DENY THE PERMIT APPLICATION BASED SOLELY ON THE GROUND THAT THE APPLICANT FAILS TO QUALIFY UNDER THE CRITERIA LISTED IN SECTION 18­12­203 (1) OR THAT THE APPLICANT WOULD BE A DANGER AS DESCRIBED IN SECTION 18­12­203 (2). IF THE SHERIFF DENIES THE PERMIT APPLICATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING, STATING THE GROUNDS FOR DENIAL AND INFORMING THE APPLICANT OF THE RIGHT TO SEEK JUDICIAL REVIEW PURSUANT TO RULE 106 OF THE COLORADO RULES OF CIVIL PROCEDURE.

(2)  IF THE SHERIFF DOES NOT RECEIVE THE RESULTS OF THE FINGERPRINT CHECKS CONDUCTED BY THE BUREAU AND BY THE FEDERAL BUREAU OF INVESTIGATION WITHIN NINETY DAYS AFTER RECEIVING A PERMIT APPLICATION, THE SHERIFF SHALL DETERMINE WHETHER TO GRANT OR DENY THE PERMIT APPLICATION WITHOUT CONSIDERING SUCH INFORMATION. IF, UPON RECEIPT OF SUCH INFORMATION, THE SHERIFF FINDS THAT THE PERMIT WAS ISSUED OR DENIED ERRONEOUSLY BASED ON THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND (2), THE SHERIFF SHALL EITHER ISSUE OR REVOKE THE PERMIT, WHICHEVER IS APPROPRIATE.

(3)  WITHIN THIRTY DAYS AFTER ISSUING A PERMIT OR RENEWING A PERMIT PURSUANT TO SECTION 18­12­210, THE SHERIFF SHALL SUBMIT TO THE BUREAU THE NAME, ADDRESS, AND PHYSICAL DESCRIPTION OF THE PERMITTEE AND THE PERMIT EXPIRATION DATE. IF A PERMIT IS REVOKED PRIOR TO THE EXPIRATION DATE, THE SHERIFF SHALL IMMEDIATELY NOTIFY THE BUREAU OF THE REVOCATION.

18­12­207.  Colorado bureau of investigation ­ duties. (1)  UPON RECEIPT OF A PERMIT APPLICANT'S FINGERPRINTS FROM A SHERIFF PURSUANT TO SECTION 18­12­205 (4), THE BUREAU SHALL PROCESS THE FULL SET OF FINGERPRINTS TO OBTAIN ANY AVAILABLE STATE OR FEDERAL CRIMINAL JUSTICE INFORMATION PURSUANT TO SECTION 16­21­103 (5), C.R.S., AND SHALL REPORT ANY INFORMATION RECEIVED TO THE SHERIFF. IN ADDITION, WITHIN TEN DAYS AFTER RECEIVING THE FINGERPRINTS, THE BUREAU SHALL FORWARD ONE SET OF THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR PROCESSING TO OBTAIN ANY AVAILABLE STATE OR FEDERAL CRIMINAL JUSTICE INFORMATION.

(2)  THE BUREAU SHALL MAINTAIN AN AUTOMATED LISTING OF PERMIT HOLDERS AND PERTINENT INFORMATION, AND THE INFORMATION SHALL BE AVAILABLE ON­LINE TO ALL LAW ENFORCEMENT AGENCIES THROUGH THE COLORADO CRIME INFORMATION CENTER. SUCH INFORMATION SHALL NOT BE AVAILABLE FROM THE BUREAU TO THE PUBLIC PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24, C.R.S., COMMONLY KNOWN AS THE "OPEN RECORDS ACT".

18­12­208.  Issuance by sheriffs of temporary emergency permits. (1)  NOTWITHSTANDING ANY PROVISIONS OF THIS PART 2 TO THE CONTRARY, A SHERIFF SHALL ISSUE A TEMPORARY EMERGENCY PERMIT TO CARRY A CONCEALED HANDGUN TO ANY PERSON RESIDING IN THE SHERIFF'S JURISDICTION WHO APPLIES PURSUANT TO THIS SECTION AND WHO THE SHERIFF HAS REASON TO BELIEVE MAY BE IN IMMEDIATE DANGER.

(2)  TO RECEIVE A TEMPORARY EMERGENCY PERMIT, A PERSON SHALL SUBMIT TO THE SHERIFF OF THE COUNTY OR CITY AND COUNTY IN WHICH THE PERSON RESIDES THE ITEMS SPECIFIED IN SECTION 18­12­205; EXCEPT THAT AN APPLICANT FOR A TEMPORARY EMERGENCY PERMIT SHALL SUBMIT A TEMPORARY PERMIT FEE NOT TO EXCEED TWENTY­FIVE DOLLARS, AS SET BY THE SHERIFF. UPON RECEIPT OF SAID DOCUMENTS, THE SHERIFF SHALL CONDUCT A COMPUTER RECORDS CHECK OF THE BUREAU AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY FILES. THE SHERIFF SHALL ISSUE A TEMPORARY EMERGENCY PERMIT TO THE APPLICANT IF THE COMPUTER RECORDS CHECK SHOWS THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18­12­203. ANY TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR A PERIOD OF NINETY DAYS AFTER THE DATE OF ISSUANCE AND MAY BE RENEWED BY THE ISSUING SHERIFF ONCE WITHIN TEN DAYS AFTER EXPIRATION FOR AN ADDITIONAL PERIOD OF NINETY DAYS.

18­12­209.  Maintenance of permit ­ address change ­ invalidity of permit. (1)  WITHIN THIRTY DAYS AFTER A PERMITTEE CHANGES HIS OR HER PERMANENT ADDRESS OR WITHIN THREE BUSINESS DAYS AFTER HIS OR HER PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMITTEE SHALL NOTIFY THE ISSUING SHERIFF OF THE CHANGE OF ADDRESS OR PERMIT LOSS, THEFT, OR DESTRUCTION. FAILURE TO NOTIFY THE SHERIFF PURSUANT TO THIS SUBSECTION (1) IS A CLASS 1 PETTY OFFENSE.

(2)  IF A PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMIT IS AUTOMATICALLY INVALID. THE PERSON TO WHOM THE PERMIT WAS ISSUED MAY OBTAIN A DUPLICATE OR SUBSTITUTE THEREFOR UPON PAYMENT OF FIFTEEN DOLLARS TO THE ISSUING SHERIFF AND UPON SUBMISSION OF A NOTARIZED STATEMENT TO THE ISSUING SHERIFF THAT THE PERMIT HAS BEEN LOST, STOLEN, OR DESTROYED.

18­12­210.  Renewal of permits. (1)  WITHIN NINETY DAYS PRIOR TO EXPIRATION OF THE PERMIT, THE PERMITTEE MAY OBTAIN A RENEWAL FORM FROM THE ISSUING SHERIFF AND RENEW THE PERMIT BY SUBMITTING TO THE ISSUING SHERIFF A COMPLETED RENEWAL FORM, A NOTARIZED AFFIDAVIT STATING THAT THE PERMITTEE REMAINS QUALIFIED PURSUANT TO THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND THAT THE PERMITTEE DOES NOT POSE A DANGER AS DESCRIBED IN SECTION 18­12­203 (2), AND THE REQUIRED RENEWAL FEE NOT TO EXCEED ONE HUNDRED DOLLARS, AS SET BY THE SHERIFF PURSUANT TO SECTION 18­12­205 (5). UPON RECEIPT OF THE PERMIT RENEWAL DOCUMENTS, THE SHERIFF SHALL VERIFY PURSUANT TO SECTION 18­12­205 (4) (c) THAT THE PERMITTEE MEETS THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND IS NOT A DANGER AS DESCRIBED IN SECTION 18­12­203 (2) AND SHALL EITHER RENEW OR DENY THE RENEWAL OF THE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18­12­206 (1).

(2)  A PERMITTEE WHO FAILS TO FILE A RENEWAL FORM ON OR BEFORE THE PERMIT EXPIRATION DATE MAY RENEW THE PERMIT BY PAYING A LATE FEE OF FIFTEEN DOLLARS IN ADDITION TO THE RENEWAL FEE ESTABLISHED PURSUANT TO SUBSECTION (1) OF THIS SECTION. NO PERMIT SHALL BE RENEWED SIX MONTHS OR MORE AFTER ITS EXPIRATION DATE, AND THE PERMIT SHALL BE DEEMED TO HAVE PERMANENTLY EXPIRED. A PERSON WHOSE PERMIT HAS PERMANENTLY EXPIRED MAY REAPPLY FOR A PERMIT, BUT THE PERSON SHALL SUBMIT AN APPLICATION FOR A PERMIT AND THE FEE REQUIRED PURSUANT TO SECTION 18­12­205. A PERSON WHO KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING INFORMATION OR DELIBERATELY OMITS MATERIAL INFORMATION REQUIRED UNDER THIS SECTION IS SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY UNDER SECTION 18­8­503.

18­12­211.  Exemption. THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVELS I AND Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) AND (3) (l) (II), AND FEDERAL OFFICERS WHOSE DUTIES ARE COMPARABLE TO THOSE PERFORMED BY PEACE OFFICERS, LEVELS I AND Ia. IN ADDITION, THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVEL II, AS DEFINED IN SECTION 18­1­901 (3) (l) (III), WHILE ON DUTY.

18­12­212.  Restrictions on carrying concealed handgun. (1)  A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN INTO ANY PLACE WHERE THE CARRYING OF FIREARMS IS PROHIBITED BY FEDERAL LAW.

(2)  ANY COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY BY ORDINANCE OR RESOLUTION PROHIBIT HANDGUNS, OPEN OR CONCEALED, WITHIN DISCRETE, SPECIFIED AREAS WITHIN ITS JURISDICTION; EXCEPT THAT NOTHING HEREIN SHALL BE CONSTRUED TO AUTHORIZE THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY TO ADOPT OR ENFORCE AN ORDINANCE OR RESOLUTION OF GENERAL APPLICABILITY THROUGHOUT ITS JURISDICTION THAT WOULD PURPORT TO PROHIBIT HANDGUNS, OPEN OR CONCEALED, AND IT SHALL NOT BE AN OFFENSE UNDER ANY ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO THIS SUBSECTION (2) IF A PERSON CARRYING A CONCEALED HANDGUN HOLDS A VALID PERMIT ISSUED PURSUANT TO THIS PART 2 OR PURSUANT TO SECTION 18­12­105.1 AS IT EXISTED PRIOR TO JULY 1, 1998.

18­12­213.  Immunity. (1)  THE BUREAU AND ANY LOCAL LAW ENFORCEMENT AGENCY AND ANY INDIVIDUAL EMPLOYED BY THE BUREAU OR A LOCAL LAW ENFORCEMENT AGENCY SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS PART 2.

(2)  ANY LAW ENFORCEMENT OFFICER OR AGENCY, ANY MEDICAL PERSONNEL, AND ANY ORGANIZATION THAT OFFERS HANDGUN TRAINING CLASSES AND ITS PERSONNEL WHO IN GOOD FAITH PROVIDE INFORMATION REGARDING AN APPLICANT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM ISSUANCE OR DENIAL OF A PERMIT.

18­12­214.  Permits issued prior to July 1, 1998. (1)  ANY PERMIT ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1998, SHALL PERMANENTLY EXPIRE ON JUNE 30, 1999, OR ON THE EXPIRATION DATE SPECIFIED ON THE PERMIT, IF ANY. ANY PERSON WHO SUBMITTED A FULL SET OF FINGERPRINTS TO OBTAIN A PERMIT PRIOR TO JULY 1, 1998, UPON EXPIRATION OF SAID PERMIT, MAY APPLY FOR RENEWAL OF SAID PERMIT AS PROVIDED IN THIS PART 2. ANY PERSON WHO DID NOT SUBMIT A FULL SET OF FINGERPRINTS TO OBTAIN A PERMIT PRIOR TO JULY 1, 1998, UPON EXPIRATION OF SAID PERMIT, MAY APPLY FOR A NEW PERMIT AS PROVIDED IN THIS PART 2.

(2)  WITHIN NINETY DAYS PRIOR TO THE EXPIRATION OF ANY PERMIT ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1998, THE ISSUING AUTHORITY SHALL SEND A NOTICE OF EXPIRATION TO THE PERMIT HOLDER NOTIFYING THE PERMIT HOLDER OF THE PERMIT EXPIRATION AS PROVIDED IN SUBSECTION (1) OF THIS SECTION AND OF HIS OR HER ABILITY TO RENEW THE PERMIT OR OBTAIN A NEW PERMIT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION.

SECTION 2. Repeal. 18­12­105.1, Colorado Revised Statutes, is repealed.

SECTION 3. 12­26.5­106 (1) (c), Colorado Revised Statutes, is amended to read:

12­26.5­106.  Persons exempt as transferees ­ transferors. (1)  The provisions of this article that apply to transferors or transferees shall not apply to:

(c)  Any transferee who, at the time of the transfer, is in lawful possession of a concealed weapons permit issued pursuant to section 18­12­105.1, C.R.S., AS IT EXISTED PRIOR TO JULY 1, 1998, OR ISSUED PURSUANT TO PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 4. 18­12­105 (2) (c), 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:

(c)  A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18­12­105.1 to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or

(3)  IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF THE DEFENDANT WAS A PERSON WHO, AT THE TIME OF CARRYING A CONCEALED WEAPON, HELD A VALID PERMIT TO CARRY A CONCEALED WEAPON ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1998, OR, IF THE WEAPON INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE.

SECTION 5. 18­12­105.5 (3) (d), Colorado Revised Statutes, is amended to read:

18­12­105.5.  Unlawfully carrying a weapon ­ unlawful possession of weapons ­ school, college, or university grounds. (3)  It shall not be an offense under this section if:

(d)  The person, prior to AT the time of carrying a concealed weapon, has been issued a HELD A VALID written permit TO CARRY CONCEALED WEAPONS ISSUED pursuant to section 18­12­105.1, to carry the weapon by the chief of police of a city or city and county or the sheriff of a county AS IT EXISTED PRIOR TO JULY 1, 1998, OR, IF THE WEAPON INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE; or

SECTION 6. 18­12­106 (1) (d), Colorado Revised Statutes, is amended to read:

18­12­106.  Prohibited use of weapons. (1)  A person commits a class 2 misdemeanor if:

(d)  He THE PERSON has in his OR HER possession a firearm while he THE PERSON is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12­22­303 (7), C.R.S. Possession of a permit issued under section 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1998, OR POSSESSION OF A PERMIT ISSUED PURSUANT TO PART 2 OF THIS ARTICLE is no defense to a violation of this subsection (1).

SECTION 7. 24­33.5­412 (1) (o), Colorado Revised Statutes, is amended to read:

24­33.5­412.  Functions of bureau ­ legislative review. (1)  The bureau has the following authority:

(o)  When requested by a police chief or sheriff, to conduct a criminal history check of an applicant for a permit to carry a concealed weapon, including processing of fingerprints, as provided in section 18­12­105.1 (2), C.R.S. TO CARRY OUT THE DUTIES SET FORTH IN PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 8. 30­10­523, Colorado Revised Statutes, is amended to read:

30­10­523.  Sheriff ­ permits for concealed handguns. The sheriff of each county may SHALL issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18­12­105.1, C.R.S. HANDGUNS AS PROVIDED IN PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 9. Repeal. 31­4­112.1, Colorado Revised Statutes, is repealed as follows:

31­4­112.1.  Chief of police ­ permits for concealed handguns. The chief of police of a city or city and county may issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18­12­105.1, C.R.S.

SECTION 10. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys collected pursuant to section 18­12­205 (2) (b), Colorado Revised Statutes, to the department of public safety for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 1998, the sum of five hundred twenty­eight thousand three hundred eighty dollars ($528,380) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 11. Effective date ­ applicability. This act shall take effect July 1, 1998. Sections 4, 5, and 6 of this act shall apply to offenses committed on or after said date.

SECTION 12. 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.