First Regular Session
Sixty-second General Assembly
LLS NO. 99-0599.01 Julie Pelegrin HOUSE BILL 99-1305
STATE OF COLORADO
BY REPRESENTATIVES McPherson, Sullivant, Hefley, Pfiffner,
Spradley, Alexander, Allen, Berry, Decker, Fairbank, Gagliardi, George,
Hagedorn, Johnson, Kaufman, Kester, King, Larson, Lawrence, Lee,
McElhany, McKay, Miller, Mitchell, Morrison, Paschall, Sinclair, Smith,
Spence, Stengel, Swenson, Taylor, Tochtrop, Vigil, Webster, T.
Williams, Witwer, and Young;
also SENATORS Dennis, Arnold, Epps, Evans, and Hillman.
REREVISED
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 []CONCERNING WEAPONS REGULATION, AND, IN CONNECTION THEREWITH,
102 STANDARDIZING FIREARMS REGULATION AS A MATTER OF
103 STATEWIDE CONCERN.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
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 the act
that violates the provisions of the act shall be deemed unauthorized
and unenforceable on or after the effective date of the act.
Changes the affirmative defenses to the charge of carrying
concealed weapons to exceptions.
1 Be it enacted by the General Assembly of the State of Colorado:
2 { SECTION 1. Article 12 of title 18, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW SECTION to read:
4 18-12-111. Limitation on local regulations of firearms -
5 legislative declaration. (1) (a) THE GENERAL ASSEMBLY HEREBY
6 FINDS THAT:
7 (I) THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG
8 JURISDICTIONS WITHIN THE STATE WITH REGARD TO FIREARMS
9 REGULATIONS;
10 (II) THE PLETHORA OF LOCAL FIREARMS REGULATIONS RANGES
11 FROM RESTRICTIONS ON THE GEOGRAPHIC AREAS IN WHICH PERSONS
12 MAY CARRY FIREARMS TO RESTRICTIONS ON THE AREAS AND MANNER IN
13 WHICH FIREARMS MAY BE DISCHARGED TO RESTRICTIONS ON HOW
14 FIREARMS MAY BE DISPLAYED BY INDIVIDUALS AND BUSINESSES TO
15 RESTRICTIONS ON HOW FIREARMS MAY BE TRANSPORTED TO
16 RESTRICTIONS ON THE TYPES OF FIREARMS THAT A PERSON MAY OWN;
17 (III) THIS VARIETY OF FIREARMS REGULATIONS IS MATCHED BY
18 THE VARIETY OF PENALTIES IMPOSED FOR VIOLATIONS OF SUCH
Page 3
1 REGULATIONS, RANGING FROM THE IMPOSITION OF A MINIMAL FINE TO
2 THE IMPOUNDING OF VEHICLES AND SEIZURE OF REAL PROPERTY;
3 (IV) THIS INCONSISTENCY CREATES A CONFUSING AND
4 UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A
5 CITIZEN WHO LAWFULLY OWNS, CARRIES, AND USES A FIREARM IN ONE
6 JURISDICTION TO UNPREDICTABLE AND UNFORESEEABLE CRIMINAL
7 PENALTIES WHEN HE OR SHE TRAVELS TO ANOTHER JURISDICTION;
8 (V) THIS INCONSISTENCY PLACES CITIZENS IN THE POSITION OF
9 NOT KNOWING WHEN THEY MAY BE VIOLATING THE LOCAL LAWS AND
10 THEREFORE BEING UNABLE TO AVOID COMMITTING A CRIME;
11 (VI) FURTHER, THIS DEGREE OF INCONSISTENCY MAY UNFAIRLY
12 INFRINGE AND CREATE A CHILLING EFFECT UPON A CITIZEN'S EXERCISE
13 OF HIS OR HER RIGHT TO KEEP AND BEAR ARMS IN DEFENSE OF HOME,
14 PERSON, AND PROPERTY, AS GRANTED UNDER SECTION 13 OF ARTICLE II
15 OF THE STATE CONSTITUTION.
16 (b) THE GENERAL ASSEMBLY FURTHER FINDS THAT, DESPITE THE
17 LIKELIHOOD OF SOME DEGREE OF INCONSISTENCY, THERE ARE CERTAIN
18 VERY NARROW AREAS IN WHICH A COMMUNITY'S INTEREST IN ENACTING
19 LIMITED FIREARMS REGULATIONS THAT ADDRESS CIRCUMSTANCES
20 SPECIFIC TO THE COMMUNITY OUTWEIGHS THE INDIVIDUAL'S INTEREST
21 IN MAINTAINING STATEWIDE CONSISTENCY WITH REGARD TO FIREARMS
22 REGULATIONS.
23 (c) THE GENERAL ASSEMBLY THEREFORE CONCLUDES THAT:
24 (I) THE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE
25 CONCERN, EXCEPT WITH REGARD TO THE NARROW CIRCUMSTANCES
26 SPECIFIED IN SUBSECTION (4) OF THIS SECTION, UNDER WHICH FIREARMS
Page 4
1 REGULATION IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN;
2 AND
3 (II) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PREEMPT
4 ANY LOCAL REGULATION CONCERNING THE OWNERSHIP, POSSESSION,
5 CARRYING, USE, TRANSPORTATION ,TRANSFER, REPAIR, OR
6 MANUFACTURE OF A FIREARM, EXCEPT WITH REGARD TO THE NARROW
7 CIRCUMSTANCES SPECIFIED IN SUBSECTION (4) OF THIS SECTION.
8 (2) AS USED IN THE SECTION, "FIREARM" MEANS ANY HANDGUN,
9 AUTOMATIC, REVOLVER, PISTOL, RIFLE, SHOTGUN, OR OTHER
10 INSTRUMENT OR DEVICE CAPABLE OR INTENDED TO BE CAPABLE OF
11 DISCHARGING BULLETS, CARTRIDGES, OR OTHER EXPLOSIVE CHARGES.
12 "FIREARM" ALSO MEANS ANY AIR GUN OR OTHER INSTRUMENT OR
13 DEVICE CAPABLE OR INTENDED TO BE CAPABLE OF DISCHARGING
14 NON-EXPLOSIVE PROJECTILES. (3) (a) EXCEPT UNDER THE
15 CIRCUMSTANCES SPECIFIED IN SUBSECTION (4) OF THIS SECTION AND
16 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
17 NO MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL HAVE THE
18 AUTHORITY TO ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD
19 RESTRICT A PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE,
20 TRANSPORT, TRANSFER, REPAIR, OR MANUFACTURE A FIREARM TO A
21 GREATER EXTENT THAN THE PERSON'S ABILITY TO OWN, POSSESS,
22 CARRY, USE, TRANSPORT, TRANSFER, REPAIR, OR MANUFACTURE A
23 FIREARM IS RESTRICTED BY STATE STATUTE OR FEDERAL LAW.
24 (b) ANY ORDINANCE OR RESOLUTION THAT IMPOSES OR
25 OTHERWISE RESULTS IN A GREATER PENALTY FOR VIOLATION OF SAID
26 ORDINANCE OR RESOLUTION THAN WOULD BE IMPOSED FOR OR RESULT
Page 5
1 FROM VIOLATION OF A COMPARABLE STATE STATUTE OR FEDERAL LAW
2 SHALL BE DEEMED TO BE A GREATER RESTRICTION THAN THAT IMPOSED
3 BY STATE STATUTE OR FEDERAL LAW.
4 (4) (a) A MUNICIPALITY, COUNTY, OR CITY AND COUNTY MAY
5 ADOPT ORDINANCES OR RESOLUTIONS THAT ADDRESS THE REGULATION
6 OF FIREARMS UNDER THE FOLLOWING CIRCUMSTANCES:
7 (I) REGULATIONS TO PROHIBIT THE DISCHARGE OF FIREARMS
8 WITHIN THE BOUNDARIES OF THE JURISDICTION ADOPTING THE
9 REGULATION; EXCEPT THAT SUCH REGULATION SHALL NOT INFRINGE ON
10 A PERSON'S ABILITY TO DEFEND SELF, OTHERS, OR PROPERTY AS
11 PROVIDED IN PART 7 OF ARTICLE 1 OF THIS TITLE;
12 (II) ZONING REGULATIONS THAT APPLY TO ALL BUSINESSES,
13 INCLUDING FIREARMS BUSINESSES; EXCEPT THAT ANY SUCH ZONING
14 REGULATION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
15 25-12-109, C.R.S.;
16 (III) REGULATION OF FIREARMS IN ANY BUILDING WHOLLY
17 OWNED OR OCCUPIED BY THE MUNICIPALITY, COUNTY, OR CITY AND
18 COUNTY OR BY A SPECIAL DISTRICT LOCATED WITHIN THE BOUNDARIES
19 OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY AND
20 REGULATION OF FIREARMS IN THE PORTION OF A BUILDING OCCUPIED BY
21 THE OFFICES OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY;
22 (IV) REGULATION OF FIREARMS IN ANY BUILDING USED AS A
23 COURTHOUSE OR IN ANY PORTION OF A BUILDING IN WHICH COURT IS
24 CONVENED;
25 (V) REGULATION OF FIREARMS AT ANY SCHOOL, COLLEGIATE,
26 OR PROFESSIONAL ATHLETIC EVENT THAT IS HELD AT A PUBLIC VENUE;
Page 6
1 EXCEPT THAT SUCH REGULATION MAY NOT PROHIBIT THE USE OR
2 POSSESSION OF FIREARMS AT AN EVENT THAT INVOLVES FIREARMS;
3 (VI) BUSINESS REGULATIONS OR LICENSING REQUIREMENTS
4 THAT MAY RESULT IN THE INCIDENTAL REGULATION OF FIREARMS;
5 (VII) REGULATION OF THE TRANSPORTATION, CARRYING, OR
6 POSSESSION OF FIREARMS BY EMPLOYEES OF THE MUNICIPALITY,
7 COUNTY, OR CITY AND COUNTY, WHILE SUCH EMPLOYEES ARE ACTING IN
8 THE COURSE OF THEIR EMPLOYMENT; EXCEPT THAT SUCH REGULATION
9 SHALL NOT RESTRICT THE TRANSPORTATION, CARRYING, OR POSSESSION
10 OF FIREARMS BY SUCH EMPLOYEES IN THEIR VEHICLES;
11 (VIII) REGULATIONS TO PROHIBIT A PERSON FROM KNOWINGLY
12 FURNISHING A FIREARM TO ANY PERSON WHO IS VISIBLY UNDER THE
13 INFLUENCE OF ALCOHOL OR ANY CONTROLLED SUBSTANCE OR WHO IS
14 OTHERWISE PROHIBITED FROM POSSESSING A FIREARM UNDER FEDERAL
15 OR STATE LAW;
16 (IX) REGULATION OF FIREARMS IN OR UPON ANY PREMISES
17 LICENSED TO SELL ALCOHOL BEVERAGES FOR ON-PREMISES
18 CONSUMPTION AS PROVIDED IN ARTICLES 46 AND 47 OF TITLE 12, C.R.S.
19 (X) REGULATIONS TO PROHIBIT FIREARMS AT ANY OUTDOOR
20 EVENT THAT OCCURS WITHIN SPECIFIED BOUNDARIES AND FOR WHICH
21 THE SPONSORS OF THE EVENT ARE REQUIRED TO OBTAIN A PERMIT FROM
22 THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY; EXCEPT THAT THE
23 MUNICIPALITY, COUNTY, OR CITY AND COUNTY MAY NOT REGULATE
24 FIREARMS AT ANY EVENT SPONSORED BY A MILITARY VETERANS
25 ASSOCIATION, AT ANY EVENT THAT CONSTITUTES A HISTORICAL
26 REENACTMENT, OR AT ANY EVENT RELATED TO THE USE OF FIREARMS.
Page 7
1 (b) (I) IF A MUNICIPALITY, COUNTY, OR CITY AND COUNTY ADOPTS AN
2 ORDINANCE OR RESOLUTION PURSUANT TO THIS SUBSECTION (4) THAT
3 RESULTS IN PROHIBITING FIREARMS IN A SPECIFIED LOCATION, SAID
4 MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL POST SIGNS AT
5 EACH ENTRANCE TO SAID LOCATION NOTIFYING THE PUBLIC THAT
6 FIREARMS ARE PROHIBITED IN SAID LOCATION. SUCH SIGNS SHALL BE
7 DESIGNED AND POSTED IN A MANNER AS TO BE EASILY READABLE BY
8 ANY PERSON ENTERING SAID LOCATION.
9 (II) IT SHALL BE AN EXCEPTION TO ANY ALLEGED VIOLATION OF
10 AN ORDINANCE OR RESOLUTION DESCRIBED IN SUBPARAGRAPH (I) OF
11 THIS PARAGRAPH (b) IF EASILY READABLE SIGNS WERE NOT POSTED AT
12 EACH ENTRANCE TO THE LOCATION IN WHICH FIREARMS WERE
13 PROHIBITED.
14 (c) EXCEPT AS SPECIFICALLY ALLOWED IN SUBPARAGRAPH (IX)
15 OF PARAGRAPH (a) OF THIS SUBSECTION (4), NOTHING IN THIS SECTION
16 SHALL BE CONSTRUED TO AUTHORIZE A MUNICIPALITY, COUNTY, OR
17 CITY AND COUNTY TO ADOPT AN ORDINANCE OR RESOLUTION THAT
18 RESULTS IN THE PROHIBITION OF THE POSSESSION OF FIREARMS IN ANY
19 PRIVATELY OWNED BUILDING.
20 (5) ANY ORDINANCE OR RESOLUTION PASSED PRIOR TO THE
21 EFFECTIVE DATE OF THIS SECTION THAT VIOLATES THE PROVISIONS OF
22 THIS SECTION SHALL BE DEEMED UNAUTHORIZED AND THEREFORE
23 UNENFORCEABLE AS TO EVENTS OCCURRING ON OR AFTER THE
24 EFFECTIVE DATE OF THIS SECTION.
25 (6) ANY RESOLUTION OR ORDINANCE ADOPTED PURSUANT TO
26 SUBSECTION (4) OF THIS SECTION SHALL NOT BE INTERPRETED TO APPLY
Page 8
1 TO THE CARRYING OF A HANDGUN BY A PERSON WHO HAS BEEN ISSUED A
2 WRITTEN PERMIT TO CARRY A CONCEALED HANDGUN PURSUANT TO
3 PART 2 OF THIS ARTICLE. THE ABILITY OF A PERMIT HOLDER TO CARRY A
4 CONCEALED HANDGUN SHALL BE REGULATED ONLY AS PROVIDED IN
5 PART 2 OF THIS ARTICLE.
6 (7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT,
7 RESTRICT, OR PROHIBIT IN ANY MANNER, THE EXISTING RIGHTS OF ANY
8 PERSON, PROPERTY OWNER, TENANT, EMPLOYER, OR BUSINESS ENTITY
9 TO CONTROL THE POSSESSION OF FIREARMS ON ANY PROPERTY OWNED
10 OR CONTROLLED BY THE PERSON OR BUSINESS ENTITY.
11 (8) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT
12 THE ABILITY OF A SCHOOL DISTRICT TO REGULATE THE POSSESSION OR
13 USE OF FIREARMS IN ANY BUILDING OR ON ANY PROPERTY OWNED BY
14 THE SCHOOL DISTRICT.
15 SECTION 2. The introductory portions to 18-12-105 (2) and
16 18-12-105 (2) (b), Colorado Revised Statutes, are amended to read:
17 18-12-105. Unlawfully carrying a concealed weapon -
18 unlawful possession of weapons. (2) It shall be an affirmative
19 defense that the NOT BE AN OFFENSE UNDER THIS SECTION IF THE
20 defendant was:
21 (b) A person in a private automobile or other private means of
22 conveyance who carries a weapon for lawful protection of such
23 person's or another's person or property; while traveling; or
24 SECTION 3. 18-12-105.5 (3) (c), Colorado Revised Statutes,
25 is amended to read:
26 18-12-105.5. Unlawfully carrying a weapon - unlawful
Page 9
1 possession of weapons - school, college, or university grounds.
2 (3) It shall not be an offense under this section if:
3 (c) The person is in a private automobile or other private means
4 of conveyance and is carrying a weapon for lawful protection of that
5 person's or another's person or property; while traveling; or
6 SECTION 4. 29-7-101 (2), Colorado Revised Statutes, is
7 amended to read:
8 29-7-101. City or county may own and operate. (2) Any
9 county through its board of county commissioners shall have the
10 power, authority, and jurisdiction to regulate and control public
11 recreation lands and facilities owned or operated by the county by the
12 promulgation of rules and regulations pursuant to a lawfully adopted
13 resolution. The rules and regulations may include but are not limited
14 to the following: Removal, destruction, mutilation, or defacing of any
15 natural object or man-made object owned by the county; explosives; or
16 any form of firearm; animal control; any public use, including boating,
17 fishing, camping, or hunting; and polluting or littering. Any person
18 violating any rule or regulation lawfully adopted pursuant to this
19 subsection (2) commits a class 2 petty offense and, upon conviction
20 thereof, shall be punished by a fine of not more than three hundred
21 dollars. It is the duty of the sheriff and the sheriff's undersheriff and
22 deputies, in their respective counties, as well as any county
23 enforcement personnel authorized and appointed as described in
24 subsection (3), to enforce the rules and regulations adopted pursuant to
25 this subsection (2), and the county courts in their respective counties
26 have jurisdiction in the prosecution of any violation of a rule or
Page 10
1 regulation adopted pursuant to this subsection (2). If authorized by
2 resolution, the penalty assessment procedure provided in section
3 16-2-201, C.R.S., may be followed by any arresting law enforcement
4 officer for any violation of a rule or regulation adopted pursuant to this
5 subsection (2). As part of a resolution authorizing the penalty
6 assessment procedure, the board of county commissioners may adopt a
7 graduated fine schedule for violations. The graduated fine schedule
8 may provide for increased penalty assessments for repeat offenses by
9 the same person. All fines and forfeitures for the violation of county
10 regulations adopted pursuant to this subsection (2) shall be paid into
11 the treasury of the county at such times and in such manner as may be
12 prescribed by resolution; or, if there is no resolution providing for the
13 payment, it shall be paid to the county treasurer at once.
14 SECTION 5. Repeal. Part 3 of article 15 of title 30, Colorado
15 Revised Statutes, is repealed.
16 SECTION 6. 30-15-401, Colorado Revised Statutes, is
17 amended BY THE ADDITION OF A NEW SUBSECTION to read:
18 30-15-401. General regulations. (10) A BOARD OF COUNTY
19 COMMISSIONERS MAY ADOPT AN ORDINANCE THAT WOULD REGULATE
20 FIREARMS ONLY AS PROVIDED IN SECTION 18-12-111, C.R.S.
21 SECTION 7. 31-15-401, Colorado Revised Statutes, is
22 amended BY THE ADDITION OF A NEW SUBSECTION to read:
23 31-15-401. General police powers. (2) THE GOVERNING
24 BODY OF A MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION
25 THAT WOULD REGULATE FIREARMS ONLY AS PROVIDED IN SECTION
26 18-12-111, C.R.S.
Page 11
1 SECTION 8. Safety clause. The general assembly hereby
2 finds, determines, and declares that this act is necessary for the
3 immediate preservation of the public peace, health, and safety.}