First Regular Session
Sixty-second General Assembly
LLS NO. 99-0078.01 Julie Pelegrin SENATE BILL 99-108
STATE OF COLORADO
BY SENATOR Tebedo;
also REPRESENTATIVE McElhany.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING UNIFORM STATEWIDE CRITERIA FOR ISSUING PERMITS TO
102 CARRY CONCEALED HANDGUNS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the public safety director of each city and county and
each sheriff to establish a concealed handgun permit program for issuing
permits within their jurisdictions. Requires each public safety director
and sheriff to issue a concealed handgun permit to anyone who is at least
25 years of age, is a Colorado resident, and meets specified firearms
training requirements so long as the applicant has not been convicted of
or adjudicated for a felony or certain misdemeanors and the applicant is
not subject to unresolved criminal proceedings, chronically or habitually
using alcohol or controlled substances, a danger due to mental problems,
or otherwise a danger to self or others.
Requires the public safety director or sheriff to conduct a criminal
background check, including a fingerprint check. Requires the public
safety director or sheriff to deny a permit if the applicant does not qualify
as provided in the act. Identifies procedures for appealing denial of a
permit. Requires the public safety director or sheriff to revoke a permit
if the permittee ceases to meet the qualifications for a permit.
Allows a permit holder to periodically renew his or her permit for
up to 4 consecutive years, if issued by a public safety director, or the
length of the sheriff's term in office, if issued by a sheriff.
Authorizes the public safety directors and sheriffs to set the
amount of permit issuance and renewal fees within specified limits.
Provides immunity from liability for public safety directors and
sheriffs, and their employees, from any damages arising from unlawful
[ ] 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
acts committed by a permit holder if the permit was issued in good faith
compliance with the act.
Requires each public safety director and sheriff to maintain a list
of permittees. Specifies that the list shall be available to law enforcement
agencies, but shall not be available to the public.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 18-12-105.1, Colorado Revised Statutes, is
3 amended to read:
4 18-12-105.1. Permits for concealed handguns - liability.
5 (1) (a) Pursuant to the grant of authority in sections 30-10-523 and
6 31-4-112.1 SECTION 30-10-523, C.R.S., the chief of police of a city or
7 PUBLIC SAFETY DIRECTOR of a EACH city and county or AND the sheriff of
8 a EACH county may SHALL ESTABLISH, ADMINISTER, AND PROVIDE
9 OVERSIGHT FOR A CONCEALED HANDGUN PERMIT PROGRAM WITHIN THE
10 PUBLIC SAFETY DIRECTOR'S OR SHERIFF'S JURISDICTION. EACH CONCEALED
11 HANDGUN PERMIT PROGRAM SHALL INCLUDE PROCESSING APPLICATIONS,
12 CONDUCTING BACKGROUND CHECKS, ISSUANCE OF PERMITS, RENEWAL OF
13 PERMITS, REVOCATION OF PERMITS, DENIAL OF PERMITS, AND REVIEW OF
14 APPEALS.
15 (b) EACH PUBLIC SAFETY DIRECTOR AND SHERIFF SHALL issue
16 written permits to carry concealed weapons HANDGUNS TO ANY PERSON
17 WHO IS AT LEAST TWENTY-FIVE YEARS OF AGE AT THE TIME OF
18 APPLICATION, WHO IS A RESIDENT OF THE STATE OF COLORADO AND OF THE
19 COUNTY OR THE CITY AND COUNTY IN WHICH THE APPLICATION IS
20 SUBMITTED, AND WHO MEETS THE FIREARMS TRAINING REQUIREMENTS
21 SPECIFIED IN SUBSECTION (2) OF THIS SECTION, UNLESS THE PUBLIC SAFETY
Page 3
1 DIRECTOR OR SHERIFF TO WHOM THE APPLICATION IS MADE DETERMINES
2 THAT ANY OF THE FOLLOWING CIRCUMSTANCES EXIST:
3 (I) THE APPLICANT HAS BEEN CONVICTED OF A FELONY, ANY
4 MISDEMEANOR CRIME AGAINST A PERSON, ANY CRIME INVOLVING
5 DOMESTIC VIOLENCE, ANY WEAPONS OFFENSE AS SET FORTH IN THIS
6 ARTICLE, OR ANY SIMILAR CRIME ARISING UNDER ANY MUNICIPAL
7 ORDINANCE OR ARISING UNDER THE LAWS OF THIS STATE, ANY OTHER
8 STATE, OR THE UNITED STATES;
9 (II) THE APPLICANT HAS ANY UNRESOLVED FELONY CHARGES,
10 MISDEMEANOR CHARGES FOR CRIMES AGAINST A PERSON, CHARGES
11 INVOLVING DOMESTIC VIOLENCE, WEAPONS OFFENSE CHARGES AS SET
12 FORTH IN THIS ARTICLE, OR CHARGES FOR ANY WEAPONS OFFENSE ARISING
13 UNDER ANY MUNICIPAL ORDINANCE OR ARISING UNDER THE LAWS OF THIS
14 STATE, ANOTHER STATE, OR THE UNITED STATES;
15 (III) THE APPLICANT HAS BEEN ADJUDICATED A JUVENILE
16 DELINQUENT PURSUANT TO ARTICLE 2 OF TITLE 19, C.R.S., FOR AN ACT
17 THAT, IF THE APPLICANT HAD BEEN AN ADULT AT THE TIME OF
18 COMMISSION, WOULD HAVE CONSTITUTED A FELONY, A MISDEMEANOR
19 CRIME AGAINST A PERSON, A CRIME INVOLVING DOMESTIC VIOLENCE, A
20 WEAPONS OFFENSE AS SET FORTH IN THIS ARTICLE, OR ANY WEAPONS
21 OFFENSE ARISING UNDER ANY MUNICIPAL ORDINANCE OR ARISING UNDER
22 THE LAWS OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES;
23 (IV) THE APPLICANT CHRONICALLY OR HABITUALLY USES
24 ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES TO THE EXTENT
25 THAT THE APPLICANT'S NORMAL FACULTIES ARE IMPAIRED. IN
26 DETERMINING WHETHER THE APPLICANT CHRONICALLY OR HABITUALLY
Page 4
1 USES ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES IT SHALL BE
2 PRESUMED THAT:
3 (A) THE APPLICANT CHRONICALLY OR HABITUALLY USES
4 ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL
5 FACULTIES ARE IMPAIRED IF THE APPLICANT HAS BEEN COMMITTED AS AN
6 ALCOHOLIC PURSUANT TO SECTION 25-1-308, 25-1-309, 25-1-310, OR
7 25-1-311, C.R.S., OR HAS HAD TWO OR MORE ALCOHOL-RELATED
8 CONVICTIONS OR REVOCATIONS UNDER SECTION 42-4-1301 (1) OR (2) OR
9 42-2-126, C.R.S., OR SIMILAR LAWS OF ANY OTHER STATE, WITHIN THE
10 TEN-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE
11 APPLICATION IS SUBMITTED OR IF THE APPLICANT GIVES BEHAVIORAL
12 INDICATIONS THAT WOULD REASONABLY LEAD THE PUBLIC SAFETY
13 DIRECTOR OR THE SHERIFF TO BELIEVE THAT THE APPLICANT ABUSED
14 ALCOHOL;
15 (B) THE APPLICANT CHRONICALLY OR HABITUALLY ABUSES
16 CONTROLLED SUBSTANCES IF THE APPLICANT HAS BEEN COMMITTED FOR
17 THE ABUSE OF A CONTROLLED SUBSTANCE PURSUANT TO SECTION
18 25-1-1104, 25-1-1105, 25-1-1106, OR 25-1-1107, C.R.S., OR SIMILAR
19 LAWS OF ANY OTHER STATE, OR HAS BEEN FOUND GUILTY OF A VIOLATION
20 OF THE LAWS OF ANY STATE RELATING TO CONTROLLED SUBSTANCES
21 WITHIN THE TEN-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON
22 WHICH THE APPLICATION IS SUBMITTED OR IF THE APPLICANT GIVES
23 BEHAVIORAL INDICATIONS THAT WOULD REASONABLY LEAD THE PUBLIC
24 SAFETY DIRECTOR OR THE SHERIFF TO BELIEVE THAT THE APPLICANT
25 ABUSED CONTROLLED SUBSTANCES;
26 (V) THE APPLICANT HAS BEEN COMMITTED TO A MENTAL
Page 5
1 INSTITUTION PURSUANT TO SECTION 27-10-106 OR 27-10-107, C.R.S., OR
2 PURSUANT TO SIMILAR LAWS OF ANOTHER STATE, UNLESS THE APPLICANT
3 POSSESSES A CERTIFICATE FROM A PSYCHIATRIST LICENSED IN THIS STATE
4 STATING THAT SUBSEQUENT TO RELEASE FROM COMMITMENT AND FOR THE
5 TEN-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE
6 APPLICATION IS SUBMITTED, THE APPLICANT HAS NOT EXHIBITED A
7 CONDITION THAT WOULD POSE A RISK TO PUBLIC SAFETY; OR
8 (VI) THE PUBLIC SAFETY DIRECTOR OR THE SHERIFF HAS A
9 REASONABLE BELIEF THAT DOCUMENTED PREVIOUS BEHAVIOR BY THE
10 APPLICANT, IN THE OPINION OF THE PUBLIC SAFETY DIRECTOR OR THE
11 SHERIFF, MAKES IT LIKELY THE APPLICANT WILL PRESENT A DANGER TO
12 SELF OR OTHERS IF THE APPLICANT RECEIVES A PERMIT TO CARRY A
13 CONCEALED HANDGUN.
14 (c) A chief of police or sheriff who receives an application for a
15 permit for a concealed weapon from a person who does not reside within
16 the confines of his jurisdiction shall consult the chief of police or sheriff
17 of the jurisdiction in which the applicant resides prior to issuing said
18 permit. The chief of police or sheriff of the jurisdiction in which the
19 application for a permit for a concealed weapon is made shall notify the
20 chief of police or sheriff of the jurisdiction in which the applicant resides
21 of the disposition of said application. Any such permit ISSUED PURSUANT
22 TO THIS SECTION shall be effective in all areas of the state.
23 (2) EACH APPLICANT FOR A PERMIT TO CARRY A CONCEALED
24 HANDGUN SHALL DEMONSTRATE HIS OR HER FIREARMS COMPETENCY BY
25 SUBMITTING EVIDENCE OF ANY OF THE FOLLOWING:
26 (a) SUCCESSFUL COMPLETION OF ANY HUNTER EDUCATION OR
Page 6
1 HUNTER SAFETY COURSE TAUGHT BY INSTRUCTORS APPROVED BY THE
2 COLORADO DIVISION OF WILDLIFE IN THE DEPARTMENT OF NATURAL
3 RESOURCES OR A SIMILAR AGENCY OF ANY OTHER STATE;
4 (b) SUCCESSFUL COMPLETION OF ANY NATIONAL RIFLE
5 ASSOCIATION FIREARMS SAFETY OR TRAINING COURSE;
6 (c) SUCCESSFUL COMPLETION OF ANY FIREARMS SAFETY OR
7 TRAINING COURSE OR CLASS AVAILABLE TO THE GENERAL PUBLIC, OFFERED
8 BY A LAW ENFORCEMENT AGENCY, JUNIOR COLLEGE, COLLEGE,
9 UNIVERSITY, OR PRIVATE FIREARMS TRAINING FACILITY;
10 (d) SUCCESSFUL COMPLETION OF ANY LAW ENFORCEMENT
11 FIREARMS TRAINING OR SAFETY COURSE OR CLASS CONDUCTED BY A
12 STATE-CERTIFIED OR NATIONAL RIFLE ASSOCIATION-CERTIFIED FIREARMS
13 INSTRUCTOR;
14 (e) SUCCESSFUL COMPLETION OF ANY FIREARMS TRAINING OR
15 SAFETY COURSE OR CLASS CONDUCTED BY A STATE-CERTIFIED OR
16 NATIONAL RIFLE ASSOCIATION-CERTIFIED FIREARMS INSTRUCTOR;
17 (f) HONORABLE MILITARY SERVICE DISCHARGE. SUCH HONORABLE
18 DISCHARGE SHALL BE EVIDENCED BY A MILITARY SERVICE DISCHARGE
19 CERTIFICATE.
20 (3) A THE PUBLIC SAFETY DIRECTOR OR THE sheriff or chief of
21 police WHO RECEIVES AN APPLICATION FOR A PERMIT TO CARRY A
22 CONCEALED HANDGUN shall make an inquiry, including a fingerprint
23 check, into the background of an applicant for a permit to carry a
24 concealed weapon HANDGUN to determine if the applicant would present
25 a danger to others or to himself or herself if the applicant is granted a
26 permit QUALIFIES FOR A PERMIT AS PROVIDED IN SUBSECTION (1) OF THIS
Page 7
1 SECTION. The PUBLIC SAFETY DIRECTOR OR sheriff, or chief of police
2 shall not be liable for any damages that may result from granting a permit,
3 if the sheriff or chief of police, prior to granting a permit, requests SHALL
4 REQUEST a criminal history check of the applicant from the Colorado
5 bureau of investigation, including a request to process the applicant's
6 fingerprints. The Colorado bureau of investigation, upon request by a
7 chief of police PUBLIC SAFETY DIRECTOR or sheriff, shall conduct a
8 criminal history check of an applicant pursuant to this subsection (2) (3),
9 including but not limited to processing of fingerprints for state criminal
10 history information and using fingerprints to access arrest history records
11 that are maintained by the federal bureau of investigation in the United
12 States department of justice.
13 (4) (a) THE PUBLIC SAFETY DIRECTOR OR SHERIFF SHALL DENY A
14 PERMIT IF THE APPLICANT DOES NOT MEET THE QUALIFICATIONS SPECIFIED
15 IN SUBSECTION (1) OF THIS SECTION. IF THE PUBLIC SAFETY DIRECTOR OR
16 SHERIFF DENIES THE PERMIT, HE OR SHE SHALL NOTIFY THE APPLICANT IN
17 WRITING WITHIN FIVE BUSINESS DAYS AFTER DETERMINING THAT THE
18 APPLICANT DOES NOT MEET THE QUALIFICATIONS SPECIFIED IN SUBSECTION
19 (1) OF THIS SECTION, STATING THE GROUNDS FOR DENIAL.
20 (b) ANY APPLICANT WHO SEEKS REVIEW OF A PERMIT DENIAL
21 SHALL INITIALLY REQUEST A REVIEW BY THE PUBLIC SAFETY DIRECTOR OR
22 SHERIFF WHO DENIED THE PERMIT. THE REQUEST SHALL BE SUBMITTED IN
23 WRITING AND MUST BE RECEIVED BY THE PUBLIC SAFETY DIRECTOR OR
24 SHERIFF WITHIN FIVE BUSINESS DAYS AFTER THE APPLICANT RECEIVED THE
25 NOTICE OF DENIAL. EACH PUBLIC SAFETY DIRECTOR OF A CITY AND
26 COUNTY AND EACH SHERIFF SHALL ADOPT PROCEDURES FOR REVIEW OF A
Page 8
1 PERMIT DENIAL. THE APPLICANT SHALL COMPLY WITH THE REVIEW
2 PROCEDURES ADOPTED BY THE PUBLIC SAFETY DIRECTOR OR SHERIFF
3 PRIOR TO SEEKING JUDICIAL REVIEW OF THE PERMIT DENIAL.
4 (5) ANY INITIAL PERMIT TO CARRY A CONCEALED HANDGUN ISSUED
5 PURSUANT TO THIS SECTION SHALL BE VALID FOR ONE YEAR FROM THE
6 DATE OF ISSUANCE. UPON EXPIRATION OF THE PERMIT, THE PERMIT
7 HOLDER MAY RENEW THE PERMIT BY PAYING THE AMOUNT OF THE
8 RENEWAL FEE ESTABLISHED BY THE ISSUING PUBLIC SAFETY DIRECTOR OR
9 SHERIFF PURSUANT TO SUBSECTION (7) OF THIS SECTION. A RENEWED
10 PERMIT SHALL BE VALID FOR THE PERIOD OF TIME FOR WHICH THE PERMIT
11 HOLDER PAYS THE RENEWAL FEE; EXCEPT THAT, AT ANY ONE TIME, A
12 PERMIT HOLDER MAY NOT RENEW HIS OR HER PERMIT FOR A PERIOD OF
13 LONGER THAN FOUR YEARS, IF ISSUED BY A PUBLIC SAFETY DIRECTOR, OR
14 THE REMAINDER OF THE SHERIFF'S TERM OF OFFICE, IF ISSUED BY A
15 SHERIFF. A PERMIT HOLDER MAY CONTINUE RENEWING HIS OR HER PERMIT
16 SO LONG AS THE PERMIT IS NOT REVOKED, AS PROVIDED IN SUBSECTION (6)
17 OF THIS SECTION, AND SO LONG AS THE PERMIT DOES NOT REMAIN EXPIRED
18 FOR LONGER THAN THREE MONTHS.
19 (6) (a) FOLLOWING ISSUANCE OF A PERMIT PURSUANT TO THIS
20 SECTION, THE ISSUING PUBLIC SAFETY DIRECTOR OR SHERIFF SHALL
21 REVOKE THE PERMIT IF AT ANY TIME THE PERMITTEE CEASES TO QUALIFY
22 FOR A PERMIT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION. ANY
23 PERMITTEE WHOSE PERMIT IS REVOKED MAY REQUEST THE REVOKING
24 PUBLIC SAFETY DIRECTOR OR SHERIFF TO REVIEW THE REVOCATION. ANY
25 REQUEST FOR REVOCATION REVIEW SHALL BE SUBMITTED IN WRITING AND
26 MUST BE RECEIVED BY THE PUBLIC SAFETY DIRECTOR OR SHERIFF WITHIN
Page 9
1 FIVE BUSINESS DAYS AFTER THE PERMITTEE RECEIVES NOTICE OF THE
2 REVOCATION. IF UPON REVIEW THE PUBLIC SAFETY DIRECTOR OR SHERIFF
3 DETERMINES THAT THE PERMIT WAS ERRONEOUSLY REVOKED, THE PERMIT
4 SHALL BE IMMEDIATELY REINSTATED.
5 (b) ANY PERSON WHOSE PERMIT TO CARRY A CONCEALED
6 HANDGUN IS REVOKED AND WHO SEEKS TO OBTAIN A NEW PERMIT SHALL
7 SUBMIT AN APPLICATION TO THE APPROPRIATE PUBLIC SAFETY DIRECTOR
8 OR SHERIFF, AS PROVIDED IN THIS SECTION, AS IF APPLYING FOR AN INITIAL
9 PERMIT TO CARRY A CONCEALED HANDGUN. IN ADDITION, SAID PERSON
10 SHALL SUBMIT THE AMOUNT OF THE FEE FOR THE INITIAL ISSUANCE OF A
11 PERMIT ESTABLISHED PURSUANT TO SUBSECTION (7) OF THIS SECTION AND
12 THE AMOUNT OF THE FEE, PAYABLE TO THE COLORADO BUREAU OF
13 INVESTIGATION, FOR THE ACTUAL COSTS OF CONDUCTING THE FINGERPRINT
14 CHECK.
15 (7) (a) The ACTUAL cost of such check PROCESSING AN
16 APPLICATION FOR ISSUANCE OR RENEWAL OF A PERMIT AND PERFORMING
17 ANY BACKGROUND CHECK shall be borne by the applicant.
18 (b) EACH PUBLIC SAFETY DIRECTOR FOR A CITY AND COUNTY AND
19 EACH SHERIFF SHALL ESTABLISH A FEE FOR THE INITIAL ISSUANCE OF A
20 PERMIT TO CARRY A CONCEALED HANDGUN THAT REFLECTS THE ACTUAL
21 COSTS INCURRED BY THE PUBLIC SAFETY DIRECTOR OR THE SHERIFF IN
22 INITIALLY ISSUING THE PERMIT; EXCEPT THAT THE FEE SHALL NOT EXCEED
23 ONE HUNDRED TWENTY-FIVE DOLLARS. IN ADDITION, THE APPLICANT FOR
24 AN INITIAL PERMIT SHALL PAY TO THE COLORADO BUREAU OF
25 INVESTIGATION A FEE FOR THE ACTUAL COSTS OF CONDUCTING THE
26 FINGERPRINT CHECK, THE AMOUNT OF WHICH SHALL BE ESTABLISHED BY
Page 10
1 THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION.
2 (c) THE PUBLIC SAFETY DIRECTOR AND THE SHERIFF MAY ALSO
3 ESTABLISH A FEE FOR RENEWAL OF A PERMIT TO CARRY A CONCEALED
4 HANDGUN THAT REFLECTS THE ACTUAL COSTS OF RENEWING A PERMIT;
5 EXCEPT THAT THE RENEWAL FEE SHALL NOT EXCEED TWENTY DOLLARS PER
6 YEAR.
7 (8) ANY PUBLIC SAFETY DIRECTOR OR SHERIFF, AND ANY
8 INDIVIDUAL EMPLOYED BY A PUBLIC SAFETY DIRECTOR OR SHERIFF, WHO
9 ISSUES OR RENEWS A PERMIT TO CARRY A CONCEALED HANDGUN
10 PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE LIABLE FOR
11 THE UNLAWFUL ACTIONS OF ANY PERSON WHO HAS BEEN GRANTED A
12 PERMIT PURSUANT TO THIS SECTION IF, PRIOR TO GRANTING OR RENEWING
13 THE PERMIT, THE PUBLIC SAFETY DIRECTOR OR SHERIFF, OR ANY
14 INDIVIDUAL EMPLOYED BY THE PUBLIC SAFETY DIRECTOR OR SHERIFF,
15 ACTED IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS
16 SECTION.
17 (9) EACH PUBLIC SAFETY DIRECTOR AND SHERIFF SHALL MAINTAIN
18 RECORDS OF ALL PERMITS ISSUED PURSUANT TO THIS SECTION BY SUCH
19 PUBLIC SAFETY DIRECTOR OR SHERIFF. RECORDS MAINTAINED PURSUANT
20 TO THIS SUBSECTION (9) SHALL BE AVAILABLE TO STATE AND LOCAL LAW
21 ENFORCEMENT AGENCIES THROUGH THE COLORADO CRIME INFORMATION
22 CENTER. THE INFORMATION MAINTAINED PURSUANT TO THIS SUBSECTION
23 (9) SHALL NOT BE AVAILABLE TO THE PUBLIC PURSUANT TO PART 2 OF
24 ARTICLE 72 OF TITLE 24, C.R.S., COMMONLY KNOWN AS THE OPEN
25 RECORDS ACT.
26 SECTION 2. 18-12-105 (2) (c), Colorado Revised Statutes, is
Page 11
1 amended, and the said 18-12-105 (2) is further amended BY THE
2 ADDITION OF A NEW PARAGRAPH, to read:
3 18-12-105. Unlawfully carrying a concealed weapon - unlawful
4 possession of weapons. (2) It shall be an affirmative defense that the
5 defendant was:
6 (c) A person who, prior to the time of carrying a concealed
7 weapon, has been issued a written permit pursuant to section
8 18-12-105.1, AS IT EXISTED PRIOR TO JULY 1, 1999, to carry the weapon
9 by the chief of police of a city or city and county or the sheriff of a
10 county; or
11 (c.5) A PERSON WHO, PRIOR TO THE TIME OF CARRYING A
12 CONCEALED HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO
13 SECTION 18-12-105.1 TO CARRY THE CONCEALED HANDGUN BY THE PUBLIC
14 SAFETY DIRECTOR OF A CITY AND COUNTY OR THE SHERIFF OF A COUNTY;
15 OR
16 SECTION 3. 18-12-105.5 (3) (d), Colorado Revised Statutes, is
17 amended, and the said 18-12-105.5 (3) is further amended BY THE
18 ADDITION OF A NEW PARAGRAPH, to read:
19 18-12-105.5. Unlawfully carrying a weapon - unlawful
20 possession of weapons - school, college, or university grounds. (3) It
21 shall not be an offense under this section if:
22 (d) The person, prior to the time of carrying a concealed weapon,
23 has been issued a written permit pursuant to section 18-12-105.1, AS IT
24 EXISTED PRIOR TO JULY 1, 1999, to carry the weapon by the chief of
25 police of a city or city and county or the sheriff of a county; or
26 (d.5) THE PERSON, PRIOR TO THE TIME OF CARRYING A CONCEALED
Page 12
1 HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO SECTION
2 18-12-105.1 TO CARRY THE CONCEALED HANDGUN BY THE PUBLIC SAFETY
3 DIRECTOR OF A CITY AND COUNTY OR THE SHERIFF OF A COUNTY; OR
4 SECTION 4. 24-33.5-412 (1) (o), Colorado Revised Statutes, is
5 amended to read:
6 24-33.5-412. Functions of bureau - legislative review. (1) The
7 bureau has the following authority:
8 (o) When requested by a police chief PUBLIC SAFETY DIRECTOR OF
9 A CITY AND COUNTY or sheriff, to conduct a criminal history check of an
10 applicant for a permit to carry a concealed weapon, including processing
11 of fingerprints, as provided in section 18-12-105.1 (2) 18-12-105.1 (3),
12 C.R.S.;
13 SECTION 5. 30-10-523, Colorado Revised Statutes, is amended
14 to read:
15 30-10-523. Sheriff - public safety director - permits for
16 concealed handguns. The sheriff of each county may AND THE PUBLIC
17 SAFETY DIRECTOR OF EACH CITY AND COUNTY SHALL issue written permits
18 to carry concealed weapons. Any such permit shall be issued HANDGUNS
19 in accordance with section 18-12-105.1, C.R.S.
20 SECTION 6. Repeal. 31-4-112.1, Colorado Revised Statutes, is
21 repealed as follows:
22 31-4-112.1. Chief of police - permits for concealed handguns.
23 The chief of police of a city or city and county may issue written permits
24 to carry concealed weapons. Any such permit shall be issued in
25 accordance with section 18-12-105.1, C.R.S.
26 SECTION 7. 12-26.5-106 (1) (c), Colorado Revised Statutes, is
Page 13
1 amended to read:
2 12-26.5-106. Persons exempt as transferees - transferors.
3 (1) The provisions of this article that apply to transferors or transferees
4 shall not apply to:
5 (c) Any transferee who, at the time of the transfer, is in lawful
6 possession of a concealed weapons permit TO CARRY A CONCEALED
7 HANDGUN issued pursuant to section 18-12-105.1, C.R.S.
8 SECTION 8. Effective date - applicability. This act shall take
9 effect July 1, 1999, and shall apply to applications for permits to carry
10 concealed handguns submitted on or after said date. Sections 2 and 3 of
11 this act shall apply to offenses committed on or after said date.
12 SECTION 9. Safety clause. The general assembly hereby finds,
13 determines, and declares that this act is necessary for the|~ immediate
|~ 14 preservation of the public peace, health, and safety.