Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0689.01 JAP SENATE BILL 98­164

STATE OF COLORADO

BY SENATORS Pascoe, Linkhart, Tanner, and Thiebaut;

also REPRESENTATIVE Gordon.

JUDICIARY

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON THE SALE OF ASSAULT WEAPONS BY UNLICENSED PERSONS.

Bill Summary

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

Prohibits any person who is not a licensed manufacturer, licensed dealer, licensed importer, or licensed collector from selling an assault weapon. Makes the first unlicensed sale of an assault weapon a class 2 misdemeanor and the second or subsequent sale a class 1 misdemeanor. Notwithstanding the prohibition against sale of an assault weapon created in the act, allows a person to sell an assault weapon to a licensed manufacturer, licensed dealer, licensed importer, or licensed collector.

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:

18­12­104.5.  Unlicensed sale of assault weapons. (1)  EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, ANY PERSON WHO IS NOT A LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, OR LICENSED COLLECTOR COMMITS THE CRIME OF UNLICENSED SALE OF AN ASSAULT WEAPON IF HE OR SHE SELLS OR OTHERWISE TRANSFERS AN ASSAULT WEAPON TO ANOTHER PERSON IN EXCHANGE FOR MONEY OR ANY OTHER ITEM OF VALUE.

(2)  A FIRST OFFENSE OF UNLICENSED SALE OF AN ASSAULT WEAPON IS A CLASS 2 MISDEMEANOR. ANY SECOND OR SUBSEQUENT OFFENSE OF UNLICENSED SALE OF AN ASSAULT WEAPON IS A CLASS 1 MISDEMEANOR.

(3)  IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF A PERSON SELLS OR OTHERWISE TRANSFERS AN ASSAULT WEAPON TO A LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, OR LICENSED COLLECTOR.

SECTION 2.  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.1)  "ASSAULT WEAPON" MEANS:

(I)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AND A BARREL LESS THAN EIGHTEEN AND ONE­HALF INCHES IN LENGTH; OR

(II)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AND ANY ONE OF THE FOLLOWING:

(A)  A CONSPICUOUSLY PROTRUDING PISTOL GRIP; OR

(B)  A THUMBHOLD STOCK; OR

(C)  A VERTICAL HANDGRIP; OR

(III)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AND AN OVERALL LENGTH OF LESS THAN THIRTY INCHES IN ANY FORMAT; OR

(IV)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH A FIXED MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS; OR

(V)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH A DETACHABLE MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS; OR

(VI)  A SEMIAUTOMATIC, CENTERFIRE RIFLE WITH THE CAPACITY TO FIRE AMMUNITION GREATER THAN .45 CALIBER; OR

(VII)  A SEMIAUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCOMMODATE A DETACHABLE MAGAZINE AND ANY ONE OF THE FOLLOWING:

(A)  THE CAPACITY TO ACCEPT A MAGAZINE AT SOME LOCATION OUTSIDE OF THE PISTOL GRIP; OR

(B)  A THREADED BARREL; OR

(C)  A VERTICAL HANDGRIP; OR

(D)  A SHROUD THAT IS ATTACHED TO OR PARTIALLY OR COMPLETELY ENCIRCLES THE BARREL, BUT NOT INCLUDING A SLIDE THAT ENCLOSES THE BARREL; OR

(VIII)  A SEMIAUTOMATIC SHOTGUN THAT HAS BOTH OF THE FOLLOWING:

(A)  A FOLDING OR TELESCOPING STOCK; AND

(B)  A CONSPICUOUSLY PROTRUDING PISTOL GRIP; OR

(IX)  A SEMIAUTOMATIC SHOTGUN WITH A FIXED MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN FIVE ROUNDS; OR

(X)  A SEMIAUTOMATIC SHOTGUN WITH A DETACHABLE MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN FIVE ROUNDS; OR

(XI)  ANY SHOTGUN THAT HAS A REVOLVING CYLINDER.

(f.1)  "LICENSED COLLECTOR" MEANS A PERSON LICENSED AS A COLLECTOR PURSUANT TO 18 U.S.C. SEC. 923.

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

(f.5)  "LICENSED IMPORTER" MEANS A PERSON LICENSED AS AN IMPORTER PURSUANT TO 18 U.S.C. SEC. 923.

(f.7)  "LICENSED MANUFACTURER" MEANS A PERSON LICENSED AS A MANUFACTURER PURSUANT TO 18 U.S.C. SEC. 923.

(g.7)  "SEMIAUTOMATIC" MEANS THAT THE ACTION OF AN ASSAULT WEAPON FIRES A SINGLE CARTRIDGE AND AUTOMATICALLY CHAMBERS A SUCCEEDING CARTRIDGE READY TO FIRE WITH A SINGLE FUNCTION OF THE TRIGGER.

SECTION 3.  Effective date ­ applicability. This act shall take effect upon passage, and shall apply to offenses committed on or after said date.

SECTION 4. 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.