First Regular Session
Sixty-second General Assembly
LLS NO. 99-0165.01 Julie Pelegrin SENATE BILL 99-084
STATE OF COLORADO
BY SENATOR Chlouber;
also REPRESENTATIVE Dean.
REENGROSSED JUDICIARY
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING PERMITS TO CARRY CONCEALED HANDGUNS, AND, IN
102 CONNECTION THEREWITH, IDENTIFYING THE CARRYING OF
103 CONCEALED HANDGUNS AS AN ISSUE OF STATEWIDE INTEREST,
104 CREATING STATEWIDE STANDARDS FOR ISSUANCE OF PERMITS TO
105 CARRY CONCEALED HANDGUNS, AND MAKING AN APPR
OPRIATION
106 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. 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.
[ ] 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.
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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, which must be sent to the Colorado Bureau of
Investigation ("CBI"), and determine whether the applicant meets the
requirements for obtaining a permit. Exempts certain persons from the
background check. Specifies the procedures for denying a permit,
including judicial review of the denial. Instructs the sheriff to notify the
CBI of persons receiving permits. Directs the sheriff to establish the
amount of the new and renewal permit fees based on the actual 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 valid
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. Exempts law enforcement officers from other states
from the requirement to obtain a permit so long as the officer's state
would exempt Colorado law enforcement officers.
Reciprocity. Recognizes as valid in this state any permit issued
by another state that recognizes the validity of Colorado permits.
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.
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 in suits for damages
arising from issuance or denial of a permit to persons who provide
information concerning an applicant.
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Existing permits. Provides that permits issued prior to July 1,
1999, shall expire on June 30, 2000, or the date specified in the permit,
whichever occurs first. 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.
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 PART to read:
4 PART 2
5 PERMITS TO CARRY CONCEALED HANDGUNS
6 18-12-201. Legislative declaration. (1) THE GENERAL
7 ASSEMBLY FINDS THAT:
8 (a) THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG
9 JURISDICTIONS WITHIN THE STATE WITH REGARD TO THE ISSUANCE OF
10 PERMITS TO CARRY CONCEALED HANDGUNS;
11 (b) TO SOME DEGREE, THIS INCONSISTENCY AMONG JURISDICTIONS
12 ARISES FROM INCONSISTENCY WITH REGARD TO THE CRITERIA FOR
13 ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS;
14 (c) THIS INCONSISTENCY TOO OFTEN RESULTS IN THE ARBITRARY
15 AND CAPRICIOUS DENIAL OF PERMITS TO CARRY CONCEALED HANDGUNS
16 BASED ON THE JURISDICTION OF RESIDENCE RATHER THAN THE
17 QUALIFICATIONS FOR OBTAINING A PERMIT; AND
18 (d) THE CRITERIA AND PROCEDURES FOR THE ISSUANCE OF PERMITS
19 TO CARRY CONCEALED HANDGUNS SHOULD BE CONSISTENT THROUGHOUT
20 THE STATE TO ENSURE THE CONSISTENT IMPLEMENTATION OF STATE LAW.
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1 (2) BASED ON THE FINDINGS SPECIFIED IN SUBSECTION (1) OF THIS
2 SECTION, THE GENERAL ASSEMBLY HEREBY CONCLUDES THAT:
3 (a) THE ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS
4 IS A MATTER OF STATEWIDE CONCERN;
5 (b) IT IS NECESSARY TO PROVIDE STATEWIDE UNIFORM STANDARDS
6 FOR ISSUING PERMITS TO CARRY CONCEALED HANDGUNS FOR
7 SELF-DEFENSE; AND
8 (c) IT IS NECESSARY THAT THE STATE OCCUPY THE FIELD OF
9 REGULATION OF THE BEARING OF CONCEALED HANDGUNS FOR
10 SELF-DEFENSE TO ENSURE THAT NO HONEST, LAW-ABIDING PERSON WHO
11 QUALIFIES FOR A PERMIT UNDER THE PROVISIONS OF THIS PART 2 IS
12 SUBJECTIVELY OR ARBITRARILY DENIED THE ABILITY TO CARRY A
13 CONCEALED HANDGUN.
14 (3) IN ACCORDANCE WITH THE FINDINGS AND CONCLUSIONS
15 SPECIFIED IN SUBSECTIONS (1) AND (2) OF THIS SECTION, THE GENERAL
16 ASSEMBLY HEREBY INSTRUCTS EACH SHERIFF TO IMPLEMENT AND
17 ADMINISTER THE PROVISIONS OF THIS PART 2. THE GENERAL ASSEMBLY
18 DOES NOT DELEGATE TO THE SHERIFFS THE AUTHORITY TO REGULATE OR
19 RESTRICT THE ISSUING OF PERMITS PROVIDED FOR IN THIS PART 2 BEYOND
20 THE PROVISIONS OF THIS PART 2. ANY ACTION OR RULE THAT ENCUMBERS
21 THE PERMIT PROCESS BY PLACING BURDENS ON THE APPLICANT BEYOND
22 THOSE SWORN STATEMENTS AND SPECIFIED DOCUMENTS DETAILED IN THIS
23 PART 2 OR THAT CREATES RESTRICTIONS BEYOND THOSE SPECIFIED IN THIS
24 PART 2 IS IN CONFLICT WITH THE INTENT OF THIS PART 2 AND IS
25 PROHIBITED.
26 18-12-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
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1 CONTEXT OTHERWISE REQUIRES:
2 (1) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
3 WITHIN THE DEPARTMENT OF PUBLIC SAFETY.
4 (2) "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO BUREAU
5 OF INVESTIGATION.
6 (3) "HANDGUN" MEANS A HANDGUN AS DEFINED IN SECTION
7 18-12-101 (1) (e.5); EXCEPT THAT THE TERM DOES NOT INCLUDE A
8 MACHINE GUN AS DEFINED IN SECTION 18-12-101 (1) (g).
9 (4) "HANDGUN TRAINING CLASS" MEANS ANY HANDGUN SAFETY OR
10 TRAINING CLASS OR COURSE THAT:
11 { }
12 {(a)} IS OFFERED BY A LAW ENFORCEMENT AGENCY OR BY A JUNIOR
13 COLLEGE, COLLEGE, OR UNIVERSITY OR BY A PRIVATE OR PUBLIC
14 INSTITUTION, ORGANIZATION, OR HANDGUN TRAINING SCHOOL; AND
15 {(b)} USES INSTRUCTORS OR CURRICULUM CERTIFIED BY THE
16 NATIONAL RIFLE ASSOCIATION OR BY THE PEACE OFFICERS STANDARDS
17 AND TRAINING BOARD; AND
18 {(c)} INCLUDES TRAINING IN THE SAFE HANDLING AND STORAGE OF
19 HANDGUNS, HANDGUN CARE AND MAINTENANCE, AND THE LAWFUL USE OF
20 DEADLY PHYSICAL FORCE.
21 (5) "LAWFUL USE OF DEADLY PHYSICAL FORCE" MEANS THE USE OF
22 DEADLY PHYSICAL FORCE, AS THAT TERM IS DEFINED IN SECTION 18-1-901
23 (3) (d), BY PERSONS USING HANDGUNS IN CIRCUMSTANCES UNDER WHICH
24 FORCE IS JUSTIFIED PURSUANT TO THE PROVISIONS OF PART 7 OF ARTICLE
25 1 OF THIS TITLE.
26 (6) "PERMIT" MEANS A PERMIT TO CARRY A CONCEALED HANDGUN
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1 ISSUED PURSUANT TO THE PROVISIONS OF THIS PART 2; EXCEPT THAT
2 "PERMIT" DOES NOT INCLUDE A TEMPORARY EMERGENCY PERMIT ISSUED
3 PURSUANT TO SECTION 18-12-208.
4 (7) "SHERIFF" MEANS THE SHERIFF OF A COUNTY, OR HIS OR HER
5 DESIGNEE, OR THE OFFICIAL WHO HAS THE DUTIES OF A SHERIFF IN A CITY
6 AND COUNTY, OR HIS OR HER DESIGNEE.
7 (8) "TRAINING CERTIFICATE" MEANS A CERTIFICATE, AFFIDAVIT, OR
8 OTHER DOCUMENT ISSUED BY THE INSTRUCTOR, SCHOOL, CLUB, OR
9 ORGANIZATION THAT CONDUCTS A HANDGUN TRAINING CLASS THAT
10 EVIDENCES AN APPLICANT'S SUCCESSFUL COMPLETION OF THE CLASS
11 REQUIREMENTS.
12 18-12-203. Criteria for obtaining a permit. (1) EFFECTIVE
13 {JULY} 1, 1999, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
14 SHERIFF SHALL ISSUE A PERMIT TO CARRY A CONCEALED HANDGUN TO ANY
15 APPLICANT WHO:
16 (a) IS A LEGAL RESIDENT OF THE STATE OF COLORADO. FOR
17 PURPOSES OF THIS {PART 2,} ANY PERSON WHO IS A MEMBER OF THE ARMED
18 FORCES AND IS STATIONED AT A MILITARY INSTALLATION IN THIS STATE,
19 AND ANY MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, SHALL BE
20 DEEMED TO BE A LEGAL RESIDENT OF THE STATE OF COLORADO.
21 (b) IS TWENTY-ONE YEARS OF AGE OR OLDER;
22 (c) IS NOT INELIGIBLE TO POSSESS A FIREARM PURSUANT TO
23 SECTION 18-12-108 OR ANY FEDERAL LAW;
24 (d) HAS NOT BEEN PREVIOUSLY CONVICTED OF A FELONY UNDER
25 THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES AND
26 DOES NOT HAVE ANY UNRESOLVED FELONY CHARGES PENDING UNDER THE
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1 LAWS OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;
2 (e) HAS NOT BEEN CONVICTED OF PERJURY UNDER SECTION
3 18-8-503, IN RELATION TO INFORMATION PROVIDED OR DELIBERATELY
4 OMITTED ON A PERMIT APPLICATION SUBMITTED PURSUANT TO THIS PART
5 2;
6 (f) HAS NOT BEEN PREVIOUSLY CONVICTED OF THIRD DEGREE
7 ASSAULT AS DESCRIBED IN SECTION 18-3-204, MISDEMEANOR THIRD
8 DEGREE SEXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-404,
9 MISDEMEANOR CHILD ABUSE AS DESCRIBED IN SECTION 18-6-401, OR ANY
10 MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE OR THE UNITED
11 STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE OFFENSE
12 INVOLVED DOMESTIC VIOLENCE AS DEFINED IN SECTION 18-6-800.3 (1),
13 AND DOES NOT HAVE ANY SUCH UNRESOLVED CHARGES PENDING UNDER
14 THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;
15 (g) IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT FOR
16 ARREST;
17 (h) HAS NOT, WITHIN THE TEN-YEAR PERIOD IMMEDIATELY
18 PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, BEEN ADJUDICATED
19 A JUVENILE DELINQUENT PURSUANT TO ARTICLE 2 OF TITLE 19, C.R.S., OR
20 SIMILAR LAWS OF ANY OTHER STATE FOR AN ACT THAT WOULD HAVE
21 CONSTITUTED A FELONY HAD THE APPLICANT BEEN AN ADULT AT THE TIME
22 OF THE COMMISSION OF THE ACT, AND DOES NOT HAVE ANY UNRESOLVED
23 CHARGES FOR SUCH AN ACT PENDING UNDER THE LAWS OF THIS STATE, ANY
24 OTHER STATE, OR THE UNITED STATES. A PERSON SHALL BE CONSIDERED
25 ADJUDICATED WITHIN THE TEN-YEAR PERIOD IMMEDIATELY PRECEDING
26 APPLICATION IF THE PERSON WAS NOT COMMITTED OR PLACED UNDER
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1 SUPERVISION PURSUANT TO SECTION 19-2-907, C.R.S., AND LESS THAN TEN
2 YEARS HAVE ELAPSED BETWEEN THE DATE OF ADJUDICATION AND THE
3 DATE OF APPLICATION, OR IF THE PERSON WAS COMMITTED OR PLACED
4 UNDER SUPERVISION PURSUANT TO SECTION 19-2-907, C.R.S., AND LESS
5 THAN TEN YEARS HAVE ELAPSED BETWEEN THE DATE OF RELEASE FROM
6 COMMITMENT OR SUPERVISION AND THE DATE OF APPLICATION.
7 (i) HAS NOT, WITHIN THE TEN-YEAR PERIOD IMMEDIATELY
8 PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, BEEN ADJUDICATED
9 A JUVENILE DELINQUENT FOR ANY ACT THAT WOULD CONSTITUTE THIRD
10 DEGREE ASSAULT AS DESCRIBED IN SECTION 18-3-204, MISDEMEANOR
11 THIRD DEGREE SEXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-404,
12 MISDEMEANOR CHILD ABUSE AS DESCRIBED IN SECTION 18-6-401, OR A
13 VIOLATION OF ANY MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE
14 OR THE UNITED STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE
15 OFFENSE INVOLVED DOMESTIC VIOLENCE AS DEFINED IN SECTION
16 18-6-800.3 (1), HAD THE APPLICANT BEEN AN ADULT AT THE TIME OF THE
17 COMMISSION OF THE ACT, AND DOES NOT HAVE ANY UNRESOLVED
18 CHARGES FOR SUCH AN ACT PENDING UNDER THE LAWS OF THIS STATE, ANY
19 OTHER STATE, OR THE UNITED STATES. A PERSON SHALL BE CONSIDERED
20 ADJUDICATED WITHIN THE TEN-YEAR PERIOD PRECEDING APPLICATION IF
21 THE PERSON WAS NOT COMMITTED OR PLACED UNDER SUPERVISION
22 PURSUANT TO SECTION 19-2-907, C.R.S., AND LESS THAN TEN YEARS HAVE
23 ELAPSED BETWEEN THE DATE OF ADJUDICATION AND THE DATE OF
24 APPLICATION, OR IF THE PERSON WAS COMMITTED OR PLACED UNDER
25 SUPERVISION PURSUANT TO SECTION 19-2-907, C.R.S., AND LESS THAN TEN
26 YEARS HAVE ELAPSED BETWEEN THE DATE OF RELEASE FROM
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1 COMMITMENT OR SUPERVISION AND THE DATE OF APPLICATION.
2 (j) IS NOT THE SUBJECT OF ANY VALID RESTRAINING OR
3 EMERGENCY PROTECTION ORDER ISSUED PURSUANT TO SECTION 13-6-107,
4 C.R.S., ARTICLE 4 OF TITLE 14, C.R.S., SECTION 14-10-107 OR 14-10-108,
5 C.R.S., SECTION 18-1-1001, SECTION 19-3-316 OR 19-4-111, C.R.S., OR
6 RULE 365 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE;
7 (k) DOES NOT USE CONTROLLED SUBSTANCES WITHOUT A
8 PRESCRIPTION AND HAS NEITHER BEEN RELEASED FROM COMMITMENT FOR
9 THE ABUSE OF A CONTROLLED SUBSTANCE PURSUANT TO SECTION
10 25-1-1104, 25-1-1105, 25-1-1106, OR 25-1-1107, C.R.S., NOR BEEN
11 FOUND GUILTY OF A VIOLATION OF SECTION 18-18-404, 18-18-405, OR
12 18-18-406 OR ANY LAW OF ANOTHER STATE OR OF THE UNITED STATES
13 THAT HAS SIMILAR ELEMENTS RELATING TO CONTROLLED SUBSTANCES
14 WITHIN THE TEN-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON
15 WHICH THE PERMIT APPLICATION IS SUBMITTED;
16 (l) DOES NOT CHRONICALLY AND HABITUALLY USE ALCOHOLIC
17 BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES
18 ARE IMPAIRED. IT SHALL BE PRESUMED THAT AN APPLICANT CHRONICALLY
19 AND HABITUALLY USES ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE
20 APPLICANT'S NORMAL FACULTIES ARE IMPAIRED IF THE APPLICANT HAS
21 BEEN COMMITTED AS AN ALCOHOLIC PURSUANT TO SECTION 25-1-308,
22 25-1-309, 25-1-310, OR 25-1-311, C.R.S., OR HAS HAD TWO OR MORE
23 ALCOHOL-RELATED CONVICTIONS OR REVOCATIONS UNDER SECTION
24 42-4-1301 (1) OR (2) OR 42-2-126, C.R.S., OR ANY LAW OF ANOTHER
25 STATE THAT HAS SIMILAR ELEMENTS, WITHIN THE TEN-YEAR PERIOD
26 IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION
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1 IS SUBMITTED.
2 (m) HAS NOT BEEN ADJUDICATED AN INCAPACITATED PERSON
3 PURSUANT TO SECTION 15-14-304, C.R.S., OR ANY SIMILAR LAW OF
4 ANOTHER STATE OR, IF THE APPLICANT HAS BEEN ADJUDICATED AN
5 INCAPACITATED PERSON, A COURT HAS ISSUED AN ORDER DECLARING THE
6 PERSON COMPETENT AT LEAST FIVE YEARS PRIOR TO THE DATE ON WHICH
7 THE PERMIT APPLICATION IS SUBMITTED;
8 (n) HAS NOT BEEN COMMITTED TO A MENTAL INSTITUTION
9 PURSUANT TO SECTION 27-10-106 OR 27-10-107, C.R.S., OR ANY SIMILAR
10 LAW OF ANOTHER STATE, UNLESS THE APPLICANT PRODUCES A
11 CERTIFICATE FROM A LICENSED PSYCHIATRIST STATING THAT THE
12 APPLICANT HAS BEEN RELEASED FROM COMMITMENT FOR AT LEAST FIVE
13 YEARS AND HAS NOT EXHIBITED A CONDITION THAT POSED A RISK TO
14 PUBLIC SAFETY WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
15 THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED; AND
16 (o) DEMONSTRATES COMPETENCE WITH A HANDGUN BY
17 SUBMITTING EITHER:
18 (I) A CERTIFICATE SHOWING HONORABLE DISCHARGE FROM
19 MILITARY SERVICE THAT REFLECTS PISTOL QUALIFICATIONS OBTAINED
20 WITHIN FIVE YEARS PRIOR TO THE DATE ON WHICH THE PERMIT
21 APPLICATION IS SUBMITTED; OR
22 (II) A TRAINING CERTIFICATE FROM A HANDGUN TRAINING CLASS.
23 THE APPLICANT SHALL SUBMIT THE ORIGINAL TRAINING CERTIFICATE OR
24 A PHOTOCOPY THEREOF THAT IS CERTIFIED BY A NOTARY PUBLIC AS TO ITS
25 ACCURACY.
26 {(2) REGARDLESS OF WHETHER AN APPLICANT MEETS THE CRITERIA
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1 SPECIFIED IN SUBSECTION (1) OF THIS SECTION, IF THE SHERIFF HAS A
2 REASONABLE BELIEF THAT DOCUMENTED PREVIOUS BEHAVIOR BY THE
3 APPLICANT MAKES IT LIKELY THE APPLICANT WILL PRESENT A DANGER TO
4 SELF OR OTHERS IF THE APPLICANT RECEIVES A PERMIT TO CARRY A
5 CONCEALED HANDGUN, THE SHERIFF MAY DENY THE PERMIT.} { }
6 (3) THE SHERIFF SHALL DENY, REVOKE, OR REFUSE TO RENEW A
7 PERMIT IF AN APPLICANT OR A PERMITTEE FAILS TO MEET ANY OF THE
8 CRITERIA LISTED IN SUBSECTION (1) OF THIS SECTION {AND MAY DENY,
9 REVOKE, OR REFUSE TO RENEW A PERMIT} ON THE GROUNDS SPECIFIED IN
10 SUBSECTION (2) OF THIS SECTION. FOLLOWING ISSUANCE OF A PERMIT, IF
11 THE ISSUING SHERIFF HAS REASON TO BELIEVE THAT A PERMITTEE NO
12 LONGER MEETS THE CRITERIA SPECIFIED IN SUBSECTION (1) OF THIS
13 SECTION OR THAT THE PERMITTEE PRESENTS A DANGER AS DESCRIBED IN
14 SUBSECTION (2) OF THIS SECTION, THE SHERIFF SHALL SUSPEND THE PERMIT
15 UNTIL SUCH TIME AS THE MATTER IS RESOLVED AND THE ISSUING SHERIFF
16 DETERMINES THAT THE PERMITTEE IS ELIGIBLE TO POSSESS A PERMIT AS
17 PROVIDED IN THIS SECTION.
18 18-12-204. Contents of permits - validity - carrying
19 requirements. (1) EACH PERMIT SHALL BEAR A COLOR PHOTOGRAPH OF
20 THE PERMITTEE AND SHALL DISPLAY THE SIGNATURE OF THE SHERIFF WHO
21 ISSUES THE PERMIT. A PERMIT IS VALID { } FOR A
22 PERIOD OF FOUR YEARS AFTER THE DATE OF ISSUANCE AND MAY BE
23 RENEWED AS PROVIDED IN SECTION 18-12-210. {A PERMIT ISSUED
24 PURSUANT TO THIS PART 2 IS EFFECTIVE IN ALL AREAS OF THE STATE,
25 EXCEPT AS OTHERWISE PROVIDED IN SECTION 18-12-213.}
26 (2) ANY PERMITTEE, IN COMPLIANCE WITH THE TERMS OF A
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1 PERMIT, MAY CARRY A CONCEALED HANDGUN NOTWITHSTANDING THE
2 PROVISIONS OF SECTION 18-12-105. THE PERMITTEE SHALL CARRY THE
3 PERMIT, TOGETHER WITH VALID PHOTO IDENTIFICATION, AT ALL TIMES
4 DURING WHICH THE PERMITTEE IS IN ACTUAL POSSESSION OF A CONCEALED
5 HANDGUN AND SHALL PRODUCE BOTH DOCUMENTS UPON DEMAND BY A
6 LAW ENFORCEMENT OFFICER. FAILURE TO PRODUCE A PERMIT UPON
7 DEMAND BY A LAW ENFORCEMENT OFFICER RAISES A REBUTTABLE
8 PRESUMPTION THAT THE PERSON DOES NOT HAVE A PERMIT. FAILURE TO
9 CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON DEMAND AS
10 REQUIRED IN THIS SUBSECTION (2) IS A CLASS 2 MISDEMEANOR. A CHARGE
11 OF FAILURE TO CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON
12 DEMAND PURSUANT TO THIS SUBSECTION (2) SHALL BE DISMISSED BY THE
13 COURT IF, AT OR BEFORE THE PERMITTEE'S SCHEDULED COURT
14 APPEARANCE, THE PERMITTEE EXHIBITS TO THE COURT A CURRENTLY
15 VALID PERMIT AND VALID IDENTIFICATION ISSUED TO THE PERMITTEE.
16 (3) (a) ANY PERSON WHO MAY LAWFULLY POSSESS A HANDGUN
17 MAY CARRY A HANDGUN UNDER THE FOLLOWING CIRCUMSTANCES
18 WITHOUT OBTAINING A PERMIT:
19 { ; }{(I)} THE HANDGUN IS IN A CASE, COVER, OR ENCLOSURE DESIGNED
20 SPECIFICALLY FOR CARRYING, COVERING, OR PROTECTING THE HANDGUN
21 AND SUCH CASE, COVER, OR ENCLOSURE IS NOT FASTENED TO THE PERSON
22 OR THE CLOTHING OF THE PERSON CARRYING THE HANDGUN; OR
23 {(II)} THE HANDGUN IS IN THE POSSESSION OF A PERSON WHO IS IN A
24 PRIVATE AUTOMOBILE OR IN SOME OTHER PRIVATE MEANS OF
25 CONVEYANCE AND WHO CARRIES THE HANDGUN FOR ANY LEGAL USE,
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1 INCLUDING SELF-DEFENSE, OR FOR TRANSPORTATION TO AND FROM ANY
2 OTHER LEGAL ACTIVITY, INCLUDING BUT NOT LIMITED TO TARGET
3 SHOOTING OR HUNTING.
4 (b) THE PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE
5 CONSTRUED TO AUTHORIZE THE CARRYING OF A HANDGUN IN VIOLATION
6 OF THE PROVISIONS OF SECTION 18-12-105 OR 18-12-105.5.
7 18-12-205. Sheriff - application - procedure - background
8 check. (1) (a) TO OBTAIN A PERMIT, A PERSON SHALL SUBMIT A PERMIT
9 APPLICATION ON A STATEWIDE STANDARDIZED FORM DEVELOPED BY THE
10 SHERIFFS AND AVAILABLE FROM THE SHERIFF OF ANY COUNTY OR CITY AND
11 COUNTY. THE PERMIT APPLICATION FORM SHALL SOLICIT ONLY THE
12 FOLLOWING INFORMATION FROM THE APPLICANT:
13 (I) THE APPLICANT'S FULL {NAME, DATE OF BIRTH,} AND ADDRESS;
14 { (II) THE APPLICANT'S HOME ADDRESS FOR THE TEN-YEAR PERIOD
15 IMMEDIATELY PRECEDING SUBMITTAL OF THE APPLICATION;}
16 {(III)} WHETHER THE APPLICANT IS A RESIDENT OF THIS STATE, AS OF
17 THE DATE OF APPLICATION, AND WHETHER THE APPLICANT HAS A VALID
18 DRIVER'S LICENSE OR OTHER STATE-ISSUED PHOTO IDENTIFICATION {OR
19 MILITARY ORDER} PROVING SUCH RESIDENCE; AND
20 {(IV)} WHETHER THE APPLICANT MEETS THE CRITERIA FOR
21 OBTAINING A PERMIT SPECIFIED IN SECTION 18-12-203 (1).
22 (b) THE PERMIT APPLICATION FORM SHALL NOT REQUIRE ANY
23 WAIVER OR RELEASE BY THE APPLICANT OF ANY RIGHT OR PRIVILEGE,
24 INCLUDING BUT NOT LIMITED TO, THE WAIVER OR RELEASE OF ANY
25 PRIVILEGED OR CONFIDENTIAL INFORMATION CONTAINED IN MEDICAL
26 RECORDS.
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1 (2) (a) AN APPLICANT SHALL COMPLETE THE PERMIT APPLICATION
2 FORM AND RETURN IT, IN PERSON, TO THE SHERIFF OF THE COUNTY OR CITY
3 AND COUNTY IN WHICH THE APPLICANT RESIDES. THE APPLICANT SHALL
4 SIGN THE COMPLETED PERMIT APPLICATION FORM IN PERSON BEFORE THE
5 SHERIFF. THE SIGNATURE SHALL BE GIVEN VOLUNTARILY UPON A SWORN
6 OATH THAT THE APPLICANT KNOWS THE CONTENTS OF THE PERMIT
7 APPLICATION AND THAT THE INFORMATION CONTAINED IN THE PERMIT
8 APPLICATION IS TRUE AND CORRECT. ANY APPLICANT WHO KNOWINGLY
9 AND INTENTIONALLY MAKES ANY FALSE OR MISLEADING STATEMENT ON A
10 PERMIT APPLICATION OR DELIBERATELY OMITS ANY MATERIAL
11 INFORMATION REQUESTED ON THE APPLICATION COMMITS PERJURY AS
12 DEFINED IN SECTION 18-8-503. UPON CONVICTION, SAID APPLICANT SHALL
13 BE PUNISHED AS PROVIDED IN SECTION 18-1-105. IN ADDITION, SAID
14 APPLICANT SHALL BE DENIED THE RIGHT TO OBTAIN OR POSSESS A PERMIT,
15 AND THE SHERIFF SHALL REVOKE SAID APPLICANT'S PERMIT IF ISSUED PRIOR
16 TO CONVICTION.
17 (b) THE APPLICANT SHALL ALSO SUBMIT TO THE SHERIFF A PERMIT
18 FEE NOT TO EXCEED ONE HUNDRED DOLLARS FOR PROCESSING THE PERMIT
19 APPLICATION. THE SHERIFF SHALL SET THE AMOUNT OF THE PERMIT FEE AS
20 PROVIDED IN SUBSECTION (5) OF THIS SECTION. IN ADDITION, THE
21 APPLICANT SHALL SUBMIT AN AMOUNT SPECIFIED BY THE DIRECTOR,
22 PURSUANT TO SECTION 24-72-306, C.R.S., FOR PROCESSING THE
23 APPLICANT'S FINGERPRINTS THROUGH THE BUREAU AND THROUGH THE
24 FEDERAL BUREAU OF INVESTIGATION. THE APPLICANT SHALL PAY THE
25 AMOUNT FOR PROCESSING FINGERPRINTS IN THE FORM OF A MONEY ORDER
26 OR A CASHIER'S CHECK MADE PAYABLE TO THE BUREAU. NEITHER THE
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1 PERMIT FEE NOR THE FINGERPRINT PROCESSING FEE SHALL BE REFUNDABLE
2 IN THE EVENT THE SHERIFF DENIES THE APPLICANT'S PERMIT APPLICATION
3 OR SUSPENDS OR REVOKES THE PERMIT SUBSEQUENT TO ISSUANCE.
4 (3) IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2) OF
5 THIS SECTION, THE APPLICANT, WHEN SUBMITTING THE COMPLETED PERMIT
6 APPLICATION, SHALL SUBMIT THE FOLLOWING ITEMS TO THE SHERIFF:
7 (a) DOCUMENTARY EVIDENCE DEMONSTRATING COMPETENCE WITH
8 A HANDGUN AS SPECIFIED IN SECTION 18-12-203 (1) (o); AND
9 (b) A FULL FRONTAL VIEW COLOR PHOTOGRAPH OF THE APPLICANT
10 TAKEN WITHIN THE THIRTY DAYS IMMEDIATELY PRECEDING SUBMITTAL OF
11 THE PERMIT APPLICATION; EXCEPT THAT THE APPLICANT NEED NOT SUBMIT
12 A PHOTOGRAPH IF THE SHERIFF PHOTOGRAPHS THE APPLICANT FOR
13 PURPOSES OF ISSUING A PERMIT. ANY PHOTOGRAPH SUBMITTED SHALL
14 SHOW THE APPLICANT'S FULL HEAD, INCLUDING HAIR AND FACIAL
15 FEATURES, AND THE DEPICTION OF THE APPLICANT'S HEAD SHALL MEASURE
16 ONE AND ONE-EIGHTH INCHES WIDE AND ONE AND ONE-FOURTH INCHES
17 HIGH.
18 (4) (a) THE SHERIFF SHALL WITNESS THE APPLICANT'S SIGNATURE
19 ON THE PERMIT APPLICATION AS PROVIDED IN SUBSECTION (2) OF THIS
20 SECTION AND VERIFY THAT THE PERSON MAKING APPLICATION FOR A
21 PERMIT IS THE SAME PERSON WHO APPEARS IN ANY PHOTOGRAPH
22 SUBMITTED AND THE SAME PERSON WHO SIGNED THE PERMIT APPLICATION
23 FORM. TO VERIFY THE APPLICANT'S IDENTITY, THE APPLICANT SHALL
24 PRESENT TO THE SHERIFF THE APPLICANT'S VALID COLORADO DRIVER'S
25 LICENSE OR VALID COLORADO {OR MILITARY} PHOTO IDENTIFICATION.
26 (b) AFTER VERIFYING THE APPLICANT'S IDENTITY, THE SHERIFF
Page 16
1 SHALL TAKE TWO COMPLETE SETS OF THE APPLICANT'S FINGERPRINTS. THE
2 SHERIFF SHALL SUBMIT BOTH SETS OF FINGERPRINTS TO THE BUREAU. IN
3 THE EVENT A LEGIBLE SET OF FINGERPRINTS, AS DETERMINED BY THE
4 BUREAU OR THE FEDERAL BUREAU OF INVESTIGATION, CANNOT BE
5 OBTAINED AFTER TWO ATTEMPTS, THE SHERIFF SHALL CONDUCT A NAME
6 CHECK, RATHER THAN A FINGERPRINT CHECK.
7 (c) (I) AFTER RECEIPT OF A PERMIT APPLICATION AND THE ITEMS
8 SPECIFIED IN THIS SECTION, THE SHERIFF SHALL VERIFY THAT THE
9 APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18-12-203 (1) AND
10 IS NOT A DANGER AS DESCRIBED IN SECTION 18-12-203 (2). SUCH
11 VERIFICATION AT A MINIMUM SHALL INCLUDE A SEARCH OF THE NATIONAL
12 INSTANT CRIMINAL BACKGROUND CHECK SYSTEM {AND A SEARCH OF THE
13 STATE CRIMINAL JUSTICE INFORMATION SYSTEM} TO DETERMINE WHETHER
14 THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18-12-203 (1).
15 THE SHERIFF {SHALL} CONSULT WITH ANY OTHER LOCAL LAW ENFORCEMENT
16 AGENCIES LOCATED IN THE SHERIFF'S JURISDICTION.
17 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF
18 THIS PARAGRAPH (c), AN APPLICANT WHO MEETS ANY OF THE FOLLOWING
19 CONDITIONS SHALL BE DEEMED TO MEET THE CRITERIA SPECIFIED IN
20 SECTION 18-12-203 (1) AND SHALL BE DEEMED NOT TO BE A DANGER AS
21 DESCRIBED IN SECTION 18-12-203 (2), AND THE SHERIFF NEED NOT
22 CONDUCT ANY TYPE OF BACKGROUND CHECK ON SUCH APPLICANT:
23 (A) THE APPLICANT IS A FEDERALLY LICENSED FIREARM DEALER;
24 OR
25 (B) THE APPLICANT HOLDS A CLASS 3 FEDERAL LICENSE
26 AUTHORIZING THE APPLICANT TO OWN FULLY AUTOMATIC FIREARMS; OR
Page 17
1 (C) THE APPLICANT HOLDS A FEDERAL GOVERNMENT SECURITY
2 CLEARANCE.
3 (5) THE SHERIFF IN EACH COUNTY OR CITY AND COUNTY IN THE
4 STATE SHALL ESTABLISH THE AMOUNT OF THE NEW AND RENEWAL PERMIT
5 FEES WITHIN HIS OR HER JURISDICTION. THE AMOUNT OF THE NEW AND
6 RENEWAL PERMIT FEES SHALL COMPLY WITH THE LIMITS SPECIFIED IN
7 PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION AND SECTION
8 18-12-210 (1), RESPECTIVELY. THE FEE AMOUNTS SHALL REFLECT THE
9 ACTUAL DIRECT AND INDIRECT COSTS TO THE SHERIFF OF PROCESSING
10 PERMIT APPLICATIONS AND RENEWAL APPLICATIONS PURSUANT TO THIS
11 PART 2.
12 18-12-206. Sheriff - issuance or denial of permits - notice to
13 bureau. (1) WITHIN NINETY DAYS AFTER THE DATE OF RECEIPT OF THE
14 ITEMS SPECIFIED IN SECTION 18-12-205, THE SHERIFF SHALL:
15 (a) APPROVE THE PERMIT APPLICATION AND ISSUE THE PERMIT; OR
16 (b) DENY THE PERMIT APPLICATION BASED SOLELY ON THE
17 GROUND THAT THE APPLICANT FAILS TO QUALIFY UNDER THE CRITERIA
18 LISTED IN SECTION 18-12-203 (1) OR THAT THE APPLICANT WOULD BE A
19 DANGER AS DESCRIBED IN SECTION 18-12-203 (2). IF THE SHERIFF DENIES
20 THE PERMIT APPLICATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN
21 WRITING, STATING THE GROUNDS FOR DENIAL AND INFORMING THE
22 APPLICANT OF THE RIGHT TO SEEK JUDICIAL REVIEW PURSUANT TO RULE
23 106 OF THE COLORADO RULES OF CIVIL PROCEDURE.
24 (2) IF THE SHERIFF DOES NOT RECEIVE THE RESULTS OF THE
25 FINGERPRINT CHECKS CONDUCTED BY THE BUREAU AND BY THE FEDERAL
26 BUREAU OF INVESTIGATION WITHIN NINETY DAYS AFTER RECEIVING A
Page 18
1 PERMIT APPLICATION, THE SHERIFF SHALL DETERMINE WHETHER TO GRANT
2 OR DENY THE PERMIT APPLICATION WITHOUT CONSIDERING SUCH
3 INFORMATION. IF, UPON RECEIPT OF SUCH INFORMATION, THE SHERIFF
4 FINDS THAT THE PERMIT WAS ISSUED OR DENIED ERRONEOUSLY, BASED ON
5 THE CRITERIA SPECIFIED IN SECTION 18-12-203 (1) AND (2), THE SHERIFF
6 SHALL EITHER ISSUE OR REVOKE THE PERMIT, WHICHEVER IS APPROPRIATE.
7 (3) WITHIN THIRTY DAYS AFTER ISSUING A PERMIT OR RENEWING
8 A PERMIT PURSUANT TO SECTION 18-12-210, THE SHERIFF SHALL SUBMIT
9 TO THE BUREAU THE NAME, ADDRESS, AND PHYSICAL DESCRIPTION OF THE
10 PERMITTEE AND THE PERMIT EXPIRATION DATE. IF A PERMIT IS REVOKED
11 PRIOR TO THE EXPIRATION DATE, THE SHERIFF SHALL IMMEDIATELY NOTIFY
12 THE BUREAU OF THE REVOCATION.
13 18-12-207. Colorado bureau of investigation - duties.
14 (1) UPON RECEIPT OF A PERMIT APPLICANT'S FINGERPRINTS FROM A
15 SHERIFF PURSUANT TO SECTION 18-12-205 (4), THE BUREAU SHALL
16 PROCESS THE FULL SET OF FINGERPRINTS TO OBTAIN ANY AVAILABLE STATE
17 OR FEDERAL CRIMINAL JUSTICE INFORMATION PURSUANT TO SECTION
18 16-21-103 (5), C.R.S., AND SHALL REPORT ANY INFORMATION RECEIVED
19 TO THE SHERIFF. IN ADDITION, WITHIN TEN DAYS AFTER RECEIVING THE
20 FINGERPRINTS, THE BUREAU SHALL FORWARD ONE SET OF THE
21 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR
22 PROCESSING TO OBTAIN ANY AVAILABLE STATE OR FEDERAL CRIMINAL
23 JUSTICE INFORMATION.
24 (2) THE BUREAU SHALL MAINTAIN AN AUTOMATED LISTING OF THE
25 NAME, ADDRESS, AND PHYSICAL DESCRIPTION OF EACH PERSON WHO
26 HOLDS A VALID PERMIT AND THE NAME OF THE SHERIFF WHO ISSUED THE
Page 19
1 PERMIT. THE BUREAU SHALL ALSO MAINTAIN A LIST OF THE STATES WHOSE
2 PERMITS ARE ENTITLED TO RECIPROCITY UNDER SECTION 18-12-212. THE
3 INFORMATION SPECIFIED IN THIS SUBSECTION (2) SHALL BE AVAILABLE
4 ON-LINE TO ALL LAW ENFORCEMENT AGENCIES THROUGH THE COLORADO
5 CRIME INFORMATION CENTER. THE INFORMATION IDENTIFYING PERMIT
6 HOLDERS AND ISSUING SHERIFFS SHALL NOT BE AVAILABLE FROM THE
7 BUREAU TO THE PUBLIC PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24,
8 C.R.S., COMMONLY KNOWN AS THE "OPEN RECORDS ACT".
9 18-12-208. Issuance by sheriffs of temporary emergency
10 permits. (1) NOTWITHSTANDING ANY PROVISIONS OF THIS PART 2 TO THE
11 CONTRARY, A SHERIFF SHALL ISSUE A TEMPORARY EMERGENCY PERMIT TO
12 CARRY A CONCEALED HANDGUN TO ANY PERSON RESIDING IN THE
13 SHERIFF'S JURISDICTION WHO APPLIES PURSUANT TO THIS SECTION AND
14 WHO THE SHERIFF HAS REASON TO BELIEVE MAY BE IN IMMEDIATE DANGER.
15 (2) TO RECEIVE A TEMPORARY EMERGENCY PERMIT, A PERSON
16 SHALL SUBMIT TO THE SHERIFF OF THE COUNTY OR CITY AND COUNTY IN
17 WHICH THE PERSON RESIDES THE ITEMS SPECIFIED IN SECTION 18-12-205;
18 EXCEPT THAT AN APPLICANT FOR A TEMPORARY EMERGENCY PERMIT NEED
19 NOT SUBMIT DOCUMENTARY EVIDENCE DEMONSTRATING COMPETENCE
20 WITH A HANDGUN AS REQUIRED UNDER PARAGRAPH (a) OF SUBSECTION (3)
21 OF SECTION 18-12-205, AND THE APPLICANT SHALL SUBMIT A TEMPORARY
22 PERMIT FEE NOT TO EXCEED TWENTY-FIVE DOLLARS, AS SET BY THE
23 SHERIFF. UPON RECEIPT OF SAID DOCUMENTS, THE SHERIFF SHALL
24 CONDUCT A COMPUTER RECORDS CHECK OF THE BUREAU AND THE FEDERAL
25 BUREAU OF INVESTIGATION CRIMINAL HISTORY FILES. THE SHERIFF SHALL
26 ISSUE A TEMPORARY EMERGENCY PERMIT TO THE APPLICANT IF THE
Page 20
1 COMPUTER RECORDS CHECK SHOWS THAT THE APPLICANT MEETS THE
2 CRITERIA SPECIFIED IN SECTION 18-12-203. ANY TEMPORARY EMERGENCY
3 PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR A PERIOD
4 OF NINETY DAYS AFTER THE DATE OF ISSUANCE AND MAY BE RENEWED BY
5 THE ISSUING SHERIFF ONCE WITHIN TEN DAYS AFTER EXPIRATION FOR AN
6 ADDITIONAL PERIOD OF NINETY DAYS.
7 18-12-209. Maintenance of permit - address change - invalidity
8 of permit. (1) WITHIN THIRTY DAYS AFTER A PERMITTEE CHANGES HIS OR
9 HER PERMANENT ADDRESS OR WITHIN THREE BUSINESS DAYS AFTER HIS OR
10 HER PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMITTEE SHALL
11 NOTIFY THE ISSUING SHERIFF OF THE CHANGE OF ADDRESS OR PERMIT LOSS,
12 THEFT, OR DESTRUCTION. FAILURE TO NOTIFY THE SHERIFF PURSUANT TO
13 THIS SUBSECTION (1) IS A CLASS 1 PETTY OFFENSE.
14 (2) IF A PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMIT IS
15 AUTOMATICALLY INVALID. THE PERSON TO WHOM THE PERMIT WAS ISSUED
16 MAY OBTAIN A DUPLICATE OR SUBSTITUTE THEREFOR UPON PAYMENT OF
17 FIFTEEN DOLLARS TO THE ISSUING SHERIFF AND UPON SUBMISSION OF A
18 NOTARIZED STATEMENT TO THE ISSUING SHERIFF THAT THE PERMIT HAS
19 BEEN LOST, STOLEN, OR DESTROYED.
20 18-12-210. Renewal of permits. (1) WITHIN NINETY DAYS PRIOR
21 TO EXPIRATION OF THE PERMIT, THE PERMITTEE MAY OBTAIN A RENEWAL
22 FORM FROM THE ISSUING SHERIFF AND RENEW THE PERMIT BY SUBMITTING
23 TO THE ISSUING SHERIFF A COMPLETED RENEWAL FORM, A NOTARIZED
24 AFFIDAVIT STATING THAT THE PERMITTEE REMAINS QUALIFIED PURSUANT
25 TO THE CRITERIA SPECIFIED IN SECTION 18-12-203 (1) AND THAT THE
26 PERMITTEE DOES NOT POSE A DANGER AS DESCRIBED IN SECTION 18-12-203
Page 21
1 (2), AND THE REQUIRED RENEWAL FEE NOT TO EXCEED FIFTY DOLLARS, AS
2 SET BY THE SHERIFF PURSUANT TO SECTION 18-12-205 (5). UPON RECEIPT
3 OF THE PERMIT RENEWAL DOCUMENTS, THE SHERIFF SHALL VERIFY
4 PURSUANT TO SECTION 18-12-205 (4) (c) THAT THE PERMITTEE MEETS THE
5 CRITERIA SPECIFIED IN SECTION 18-12-203 (1) AND IS NOT A DANGER AS
6 DESCRIBED IN SECTION 18-12-203 (2) AND SHALL EITHER RENEW OR DENY
7 THE RENEWAL OF THE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF
8 SECTION 18-12-206 (1).
9 (2) A PERMITTEE WHO FAILS TO FILE A RENEWAL FORM ON OR
10 BEFORE THE PERMIT EXPIRATION DATE MAY RENEW THE PERMIT BY PAYING
11 A LATE FEE OF FIFTEEN DOLLARS IN ADDITION TO THE RENEWAL FEE
12 ESTABLISHED PURSUANT TO SUBSECTION (1) OF THIS SECTION. NO PERMIT
13 SHALL BE RENEWED SIX MONTHS OR MORE AFTER ITS EXPIRATION DATE,
14 AND THE PERMIT SHALL BE DEEMED TO HAVE PERMANENTLY EXPIRED. A
15 PERSON WHOSE PERMIT HAS PERMANENTLY EXPIRED MAY REAPPLY FOR A
16 PERMIT, BUT THE PERSON SHALL SUBMIT AN APPLICATION FOR A PERMIT
17 AND THE FEE REQUIRED PURSUANT TO SECTION 18-12-205. A PERSON WHO
18 KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING
19 INFORMATION OR DELIBERATELY OMITS MATERIAL INFORMATION
20 REQUIRED UNDER THIS SECTION IS SUBJECT TO CRIMINAL PROSECUTION FOR
21 PERJURY UNDER SECTION 18-8-503.
22 18-12-211. Exemption. (1) THIS PART 2 SHALL NOT APPLY TO
23 PEACE OFFICERS, LEVELS I AND IA, AS DEFINED IN SECTION 18-1-901 (3) (l)
24 (I) AND (3) (l) (II), AND FEDERAL OFFICERS WHOSE DUTIES ARE
25 COMPARABLE TO THOSE PERFORMED BY PEACE OFFICERS, LEVELS I AND IA.
26 IN ADDITION, THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVEL II,
Page 22
1 AS DEFINED IN SECTION 18-1-901 (3) (l) (III), WHILE ON DUTY.
2 (2) THIS PART 2 SHALL NOT APPLY TO LAW ENFORCEMENT
3 OFFICERS EMPLOYED BY JURISDICTIONS OUTSIDE THIS STATE, SO LONG AS
4 THE FOREIGN EMPLOYING JURISDICTION EXEMPTS PEACE OFFICERS
5 EMPLOYED BY JURISDICTIONS WITHIN COLORADO FROM ANY CONCEALED
6 HANDGUN OR CONCEALED WEAPONS LAWS IN EFFECT IN THE FOREIGN
7 EMPLOYING JURISDICTION.
8 { (3) THIS PART 2 SHALL NOT APPLY TO ANY RETIRED PEACE OFFICER,
9 LEVEL I OR Ia, AS DEFINED IN SECTION 18-1-901 (3) (l) (I) AND (3) (l) (II),
10 WITHIN THE FIRST FIVE YEARS AFTER RETIREMENT SO LONG AS THE
11 RETIRED PEACE OFFICER HAS A LETTER SIGNED BY HIS OR HER LAST
12 COMMANDING OFFICER ATTESTING THAT THE RETIRED OFFICER MEETS THE
13 CRITERIA SPECIFIED IN SECTION 18-12-203 (1).}
14 18-12-212. Reciprocity. ANY PERMIT TO CARRY A CONCEALED
15 HANDGUN OR A CONCEALED WEAPON THAT IS ISSUED BY A STATE THAT
16 RECOGNIZES THE VALIDITY OF PERMITS ISSUED PURSUANT TO THIS PART 2
17 SHALL BE VALID IN THIS STATE IN ALL RESPECTS AS A PERMIT ISSUED
18 PURSUANT TO THIS PART 2.
19 { 18-12-213. Authority granted by permit - carrying restrictions.
20 (1) (a) A PERMIT TO CARRY A CONCEALED HANDGUN AUTHORIZES THE
21 PERMIT HOLDER TO CARRY A CONCEALED HANDGUN IN ALL AREAS OF THE
22 STATE, EXCEPT AS SPECIFICALLY LIMITED IN THIS SECTION. A PERMIT DOES
23 NOT AUTHORIZE THE PERMIT HOLDER TO USE A HANDGUN IN A MANNER
24 THAT WOULD VIOLATE ANY PROVISION OF STATE LAW.
25 (b) A PEACE OFFICER MAY TEMPORARILY DISARM ANY PERMIT
26 HOLDER, INCIDENT TO A LAWFUL STOP OF THE PERMIT HOLDER. THE PEACE
Page 23
1 OFFICER SHALL RETURN THE HANDGUN TO THE PERMIT HOLDER PRIOR TO
2 DISCHARGING THE PERMIT HOLDER FROM THE SCENE. THE PEACE OFFICER
3 NEED NOT RETURN THE HANDGUN IF THE STOP RESULTS IN THE ARREST OF
4 THE PERMIT HOLDER.
5 (2) A} PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT
6 AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN INTO ANY
7 PLACE WHERE THE CARRYING OF FIREARMS IS PROHIBITED BY FEDERAL
8 LAW.
9 { (3) A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT
10 AUTHORIZE A PERSON TO CARRY A CONCEALED HANDGUN INTO ANY OF THE
11 FOLLOWING:
12 (a) ANY BUILDING THAT HOUSES ANY OFFICE OF STATE OR LOCAL
13 GOVERNMENT, INCLUDING BUT NOT LIMITED TO ANY BUILDING IN WHICH
14 COURT ROOMS ARE LOCATED;
15 (b) ANY HIGH SCHOOL, COLLEGE, UNIVERSITY, OR PROFESSIONAL
16 ATHLETIC EVENT THAT DOES NOT INVOLVE THE USE OF HANDGUNS;
17 (c) THE REAL ESTATE AND ALL IMPROVEMENTS ERECTED THEREON
18 OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH
19 SCHOOL; EXCEPT THAT A PERMITTEE MAY HAVE A HANDGUN ON THE REAL
20 ESTATE OF SAID PUBLIC OR PRIVATE SCHOOL SO LONG AS THE HANDGUN
21 REMAINS IN HIS OR HER VEHICLE AND, IF THE PERMITTEE IS NOT IN THE
22 VEHICLE, THE HANDGUN IS IN A LOCKED COMPARTMENT WITHIN THE
23 VEHICLE;
24 (d) IN THE PORTION OF ANY PREMISES LICENSED TO SELL ALCOHOL
25 BEVERAGES FOR ON-PREMISES CONSUMPTION, AS PROVIDED IN ARTICLES
26 46 AND 47 OF TITLE 12, C.R.S., THAT IS USED PRIMARILY FOR THE SALE OF
Page 24
1 ALCOHOL BEVERAGES.
2 (4) NOTHING IN THIS PART 2 SHALL BE CONSTRUED TO LIMIT,
3 RESTRICT, OR PROHIBIT IN ANY MANNER THE EXISTING RIGHTS OF ANY
4 INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE
5 EMPLOYER, OR PRIVATE BUSINESS ENTITY TO CONTROL THE POSSESSION OF
6 HANDGUNS ON ANY PROPERTY OWNED OR CONTROLLED BY THE}
7 {INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE
8 EMPLOYER, OR PRIVATE BUSINESS ENTITY.}
9 18-12-214. Immunity. (1) THE BUREAU AND ANY LOCAL LAW
10 ENFORCEMENT AGENCY AND ANY INDIVIDUAL EMPLOYED BY THE BUREAU
11 OR A LOCAL LAW ENFORCEMENT AGENCY SHALL NOT BE LIABLE FOR ANY
12 DAMAGES THAT MAY RESULT FROM GOOD FAITH COMPLIANCE WITH THE
13 PROVISIONS OF THIS PART 2.
14 (2) ANY LAW ENFORCEMENT OFFICER OR AGENCY, ANY MEDICAL
15 PERSONNEL, AND ANY ORGANIZATION THAT OFFERS HANDGUN TRAINING
16 CLASSES AND ITS PERSONNEL WHO IN GOOD FAITH PROVIDE INFORMATION
17 REGARDING AN APPLICANT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT
18 MAY RESULT FROM ISSUANCE OR DENIAL OF A PERMIT.
19 18-12-215. Permits issued prior to July 1, 1999. (1) ANY
20 PERMIT ISSUED PURSUANT TO SECTION 18-12-105.1, AS IT EXISTED PRIOR
21 TO JULY 1, 1999, SHALL PERMANENTLY EXPIRE ON JUNE 30, 2000, OR ON
22 ANY EXPIRATION DATE SPECIFIED ON THE PERMIT, WHICHEVER OCCURS
23 {LATER.} ANY PERSON WHO SUBMITTED A FULL SET OF FINGERPRINTS TO
24 OBTAIN A PERMIT PRIOR TO JULY 1, 1999, UPON EXPIRATION OF SAID
25 PERMIT, MAY APPLY FOR RENEWAL OF SAID PERMIT AS PROVIDED IN THIS
26 PART 2. ANY PERSON WHO DID NOT SUBMIT A FULL SET OF FINGERPRINTS
Page 25
1 TO OBTAIN A PERMIT PRIOR TO JULY 1, 1999, UPON EXPIRATION OF SAID
2 PERMIT, MAY APPLY FOR A NEW PERMIT AS PROVIDED IN THIS PART 2.
3 (2) WITHIN NINETY DAYS PRIOR TO THE EXPIRATION OF ANY
4 PERMIT ISSUED PURSUANT TO SECTION 18-12-105.1, AS IT EXISTED PRIOR
5 TO JULY 1, 1999, THE ISSUING AUTHORITY SHALL SEND A NOTICE OF
6 EXPIRATION TO THE PERMIT HOLDER TO NOTIFY THE PERMIT HOLDER OF
7 THE PERMIT EXPIRATION AS PROVIDED IN SUBSECTION (1) OF THIS SECTION
8 AND OF HIS OR HER ABILITY TO RENEW THE PERMIT OR OBTAIN A NEW
9 PERMIT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION.
10 SECTION 2. Repeal. 18-12-105.1, Colorado Revised Statutes,
11 is repealed.
12 { ; }SECTION {3.} 18-12-105 (2) (c), Colorado Revised Statutes, is
13 amended, and the said 18-12-105 is further amended BY THE
14 ADDITION OF A NEW SUBSECTION, to read:
15 18-12-105. Unlawfully carrying a concealed weapon - unlawful
16 possession of weapons. (2) It shall be an affirmative defense that the
17 defendant was:
18 (c) A person who, prior to the time of carrying a concealed
19 weapon, has been issued a written permit pursuant to section 18-12-105.1
20 to carry the weapon by the chief of police of a city or city and county, or
21 the sheriff of a county; or
22 (3) IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF THE
23 DEFENDANT WAS A PERSON WHO, AT THE TIME OF CARRYING A CONCEALED
24 WEAPON, HELD A VALID PERMIT TO CARRY A CONCEALED WEAPON ISSUED
25 PURSUANT TO SECTION 18-12-105.1, AS IT EXISTED PRIOR TO JULY 1, 1999,
Page 26
1 OR, IF THE WEAPON INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO
2 CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS
3 {ARTICLE; EXCEPT THAT IT SHALL BE AN OFFENSE UNDER THIS SECTION IF
4 THE DEFENDANT WAS CARRYING A CONCEALED HANDGUN IN VIOLATION OF
5 THE PROVISIONS OF SECTION 18-12-213.}
6 SECTION {4.} 18-12-105.5 (3) (d), Colorado Revised Statutes, is
7 amended to read:
8 18-12-105.5. Unlawfully carrying a weapon - unlawful
9 possession of weapons - school, college, or university grounds. (3) It
10 shall not be an offense under this section if:
11 (d) The person, prior to AT the time of carrying a concealed
12 weapon, has been issued a HELD A VALID written permit TO CARRY A
13 CONCEALED WEAPON ISSUED pursuant to section 18-12-105.1, to carry the
14 weapon by the chief of police of a city or city and county or the sheriff
15 of a county AS IT EXISTED PRIOR TO JULY 1, 1999, OR, IF THE WEAPON
16 INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A
17 CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS {ARTICLE;
18 EXCEPT THAT IT SHALL BE AN OFFENSE UNDER THIS SECTION IF THE
19 DEFENDANT WAS CARRYING A CONCEALED HANDGUN IN VIOLATION OF THE
20 PROVISIONS OF SECTION 18-12-213;} or
21 SECTION {5.} 18-12-106 (1) (d), Colorado Revised Statutes, is
22 amended to read:
23 18-12-106. Prohibited use of weapons. (1) A person commits
24 a class 2 misdemeanor if:
25 (d) He THE PERSON has in his OR HER possession a firearm while
26 he THE PERSON is under the influence of intoxicating liquor or of a
Page 27
1 controlled substance, as defined in section 12-22-303 (7), C.R.S.
2 Possession of a permit issued under section 18-12-105.1, AS IT EXISTED
3 PRIOR TO JULY 1, 1999, OR POSSESSION OF A PERMIT ISSUED PURSUANT TO
4 PART 2 OF THIS ARTICLE is no defense to a violation of this subsection (1).
5 SECTION {6.} 24-33.5-412 (1) (o), Colorado Revised Statutes, is
6 amended to read:
7 24-33.5-412. Functions of bureau - legislative review. (1) The
8 bureau has the following authority:
9 (o) When requested by a police chief or sheriff, to conduct a
10 criminal history check of an applicant for a permit to carry a concealed
11 weapon, including processing of fingerprints, as provided in section
12 18-12-105.1 (2), C.R.S. TO CARRY OUT THE DUTIES SET FORTH IN PART 2
13 OF ARTICLE 12 OF TITLE 18, C.R.S.
14 SECTION {7.} 30-10-523, Colorado Revised Statutes, is amended
15 to read:
16 30-10-523. Sheriff - permits for concealed handguns. The
17 sheriff of each county may AND THE OFFICIAL WHO HAS THE DUTIES OF A
18 SHERIFF IN EACH CITY AND COUNTY SHALL issue written permits to carry
19 concealed weapons. Any such permit shall be issued in accordance with
20 section 18-12-105.1, C.R.S. HANDGUNS AS PROVIDED IN PART 2 OF
21 ARTICLE 12 OF TITLE 18, C.R.S.
22 SECTION {8.} Repeal. 31-4-112.1, Colorado Revised Statutes, is
23 repealed as follows:
24 31-4-112.1. Chief of police - permits for concealed handguns.
25 The chief of police of a city or city and county may issue written permits
26 to carry concealed weapons. Any such permit shall be issued in
Page 28
1 accordance with section 18-12-105.1, C.R.S.
2 { }
3 SECTION {9.} Appropriation. In addition to any other
4 appropriation, there is hereby appropriated, out of any moneys collected
5 pursuant to section 18-12-205 (2) (b), Colorado Revised Statutes, to the
6 department of public safety for allocation to the Colorado bureau of
7 investigation, for the fiscal year beginning July 1, 1999, the sum of {five
8 hundred thirty-one thousand eight hundred sixty-eight dollars ($531,868)
9 and 1.0 FTE, or so much thereof as} may be necessary, for the
10 implementation of this act.
11 SECTION {10.} Effective date - applicability. This act shall take
12 effect July 1, 1999. Sections {3, 4, and 5} of this act shall apply to offenses
13 committed on or after said date.
14 SECTION {11.} Safety clause. The general assembly hereby
15 finds, determines, and declares that this act is necessary for the immediate
16 preservation of the public peace, health, and safety.