First Regular Session
Sixty-second General Assembly
LLS NO. 99-0633.01 Julie Pelegrin SENATE BILL 99-156
STATE OF COLORADO
BY SENATORS Musgrave, Andrews, Arnold, Congrove, Epps, Evans,
Hillman, Lamborn, and Owen;
also REPRESENTATIVE McKay.
REENGROSSED
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE CARRYING OF 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 each sheriff and police chief to issue a permit to carry a
concealed weapon to any person who applies for such a permit and who
is eligible to purchase a weapon under state and federal law. Deletes the
requirement that the sheriff or chief of police conduct a background check
or consult with the sheriff or chief of police of the jurisdiction in which
the applicant resides. Specifies that a sheriff or police chief shall not be
liable for any damages resulting from the granting of a permit issued in
good faith to comply with the act.
Allows a sheriff or police chief to impose a fee for the issuance of
a permit, so long as the fee does not exceed the actual costs incurred by
the sheriff or police chief in issuing the permit.
Prohibits a sheriff or police chief from imposing additional
conditions or requirements on the issuance of a permit. Prohibits a sheriff
or police chief from requiring an applicant to provide any information
concerning weapons owned by the person.
With regard to the crime of carrying a concealed weapon, changes
the affirmative defenses to exceptions. Clarifies the exception that
concerns having a weapon in a car.
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
[ ] 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
1 amended to read:
2 18-12-105.1. Permits for concealed {handguns} - liability.
3 {(1) (a) Pursuant to the grant of authority in sections 30-10-523 and
4 31-4-112.1, C.R.S., the chief of police of a city or of a city and county or
5 the sheriff of a county may issue written permits to carry concealed}
6 weapons. A chief of police or sheriff who receives an application for a
7 permit for a concealed weapon from a person who does not reside within
8 the confines of his jurisdiction shall consult the chief of police or sheriff
9 of the jurisdiction in which the applicant resides prior to issuing said
10 {permit. THE GENERAL ASSEMBLY HEREBY FINDS THAT THE ISSUANCE OF
11 PERMITS TO CARRY CONCEALED HANDGUNS AS REQUIRED IN THIS SECTION
12 IS A MATTER OF STATEWIDE CONCERN.
13 (b) FOR PURPOSES OF THIS SECTION, "SHERIFF" MEANS THE SHERIFF
14 OF A COUNTY, OR HIS OR HER DESIGNEE, OR THE OFFICIAL WHO HAS THE
15 DUTIES OF A SHERIFF IN A CITY AND COUNTY, OR HIS OR HER DESIGNEE.
16 (c) PURSUANT TO THE GRANT OF AUTHORITY IN SECTION 30-10-523,
17 C.R.S., EACH SHERIFF, WITHIN TEN DAYS AFTER RECEIVING AN
18 APPLICATION FOR A WRITTEN PERMIT TO CARRY A CONCEALED HANDGUN,
19 SHALL ISSUE THE WRITTEN PERMIT IF THE APPLICANT IS ELIGIBLE TO}
20 PURCHASE A FIREARM PURSUANT TO STATE AND FEDERAL LAW. {ANY
21 PERMIT SO ISSUED SHALL BE VALID FOR A PERIOD OF FOUR YEARS AND MAY
22 BE SUBSEQUENTLY RENEWED.} {The chief} {of police or THE} sheriff of the
23 jurisdiction in which the application for a permit for a concealed {weapon
24 HANDGUN} is made shall notify the chief of police or sheriff of the
25 jurisdiction in which the applicant resides of the disposition {of said
26 application.
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1 (d) Any such permit ISSUED PURSUANT TO THIS SECTION shall be
2 effective in all areas of the state; EXCEPT THAT A PERMIT ISSUED PURSUANT
3 TO THIS SECTION DOES NOT AUTHORIZE A PERSON TO CARRY A CONCEALED
4 HANDGUN INTO ANY OF THE FOLLOWING:
5 (I) ANY AREA IN WHICH THE CARRYING OF A FIREARM IS
6 PROHIBITED BY FEDERAL LAW;
7 (II) ANY BUILDING THAT HOUSES ANY OFFICE OF STATE OR LOCAL
8 GOVERNMENT, INCLUDING BUT NOT LIMITED TO ANY BUILDING IN WHICH
9 COURT ROOMS ARE LOCATED;
10 (III) ANY HIGH SCHOOL, COLLEGE, UNIVERSITY, OR PROFESSIONAL
11 ATHLETIC EVENT THAT DOES NOT INVOLVE THE USE OF HANDGUNS;
12 (IV) ANY BUILDING IN WHICH ANY EDUCATION PROGRAM,
13 PRESCHOOL THROUGH TWELFTH GRADE, IS} {CONDUCTED; EXCEPT THAT THE
14 PERSON MAY CARRY A HANDGUN INTO SAID BUILDING IF THE PERSON HAS
15 POSSESSION OF THE HANDGUN FOR USE IN AN EDUCATIONAL PROGRAM
16 APPROVED BY THE SCHOOL.
17 (e) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT,
18 RESTRICT, OR PROHIBIT IN ANY MANNER THE EXISTING RIGHTS OF ANY
19 PERSON, PROPERTY OWNER, TENANT, EMPLOYER, OR BUSINESS ENTITY TO
20 CONTROL THE POSSESSION OF HANDGUNS ON ANY PROPERTY OWNED OR
21 CONTROLLED BY THE PERSON OR BUSINESS ENTITY.}
22 (2) (a) A sheriff or chief of police shall make an inquiry, including
23 a fingerprint check, into the background of an applicant for a permit to
24 carry a concealed weapon to determine if the applicant would present a
25 danger to others or to himself or herself if the applicant is granted a
26 permit. The sheriff {or chief of police} shall not be liable for any damages
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1 that may result from granting a permit, if the sheriff {or chief of police
2 }prior to granting a permit, requests a criminal history check of the
3 applicant from the Colorado bureau of investigation, including a request
4 to process the applicant's fingerprints ACTS IN GOOD FAITH TO COMPLY
5 WITH THE REQUIREMENTS OF THIS SECTION IN ISSUING THE PERMIT.
6 (b) The Colorado bureau of investigation, upon request by a {chief}
7 {of police or} sheriff, shall conduct a criminal history check of an applicant
8 pursuant to this subsection (2), including but not limited to processing of
9 fingerprints for state criminal history information and using fingerprints
10 to access arrest history records that are maintained by the federal bureau
11 of investigation in the United States department of justice. The cost of
12 such check shall be borne by the applicant. TO DETERMINE WHETHER AN
13 APPLICANT IS ELIGIBLE TO PURCHASE A FIREARM PURSUANT TO STATE AND
14 FEDERAL LAWS. A SHERIFF { } MAY IMPOSE A FEE FOR
15 THE ISSUANCE OF A PERMIT TO CARRY A CONCEALED {HANDGUN. THE
16 AMOUNT OF THE FEE SHALL REFLECT THE ACTUAL COST} { } INCURRED
17 BY THE SHERIFF { } IN ISSUING THE {PERMIT; EXCEPT THAT
18 THE AMOUNT OF THE FEE SHALL NOT EXCEED ONE HUNDRED DOLLARS.}.
19 (3) A SHERIFF { } SHALL NOT IMPOSE ANY CRITERIA
20 OR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO ANY
21 WEAPONS-TRAINING REQUIREMENTS, ON ANY PERSON WHO APPLIES FOR A
22 PERMIT TO CARRY A CONCEALED {HANDGUN,} EXCEPT AS SPECIFIED IN THIS
23 SECTION. A SHERIFF { } {IS STRONGLY ENCOURAGED TO} PROVIDE
24 INFORMATION CONCERNING {HANDGUN} TRAINING AND LEGAL ISSUES
25 INVOLVING THE USE OF {HANDGUNS} TO ANY PERSON WHO APPLIES FOR A
26 PERMIT TO CARRY A CONCEALED {HANDGUN.}
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1 (4) A SHERIFF { } SHALL NOT REQUIRE ANY
2 PERSON WHO APPLIES FOR A PERMIT TO CARRY A CONCEALED {HANDGUN} TO
3 PROVIDE ANY INFORMATION CONCERNING WEAPONS OWNED BY THE
4 APPLICANT.
5 { (5) ANY PERMIT TO CARRY A CONCEALED HANDGUN OR A
6 CONCEALED WEAPON THAT IS ISSUED BY A STATE THAT RECOGNIZES THE
7 VALIDITY OF PERMITS ISSUED PURSUANT TO THIS SECTION SHALL BE VALID
8 IN THIS STATE IN ALL RESPECTS AS A PERMIT ISSUED PURSUANT TO THIS
9 SECTION. ANY PERSON WHO PROVES THAT HE OR SHE IS A RESIDENT OF A
10 STATE THAT ALLOWS ITS CITIZENS TO CARRY CONCEALED HANDGUNS OR
11 CONCEALED WEAPONS WITHOUT OBTAINING A PERMIT MAY CARRY A
12 CONCEALED HANDGUN IN THIS STATE AS IF HE OR SHE POSSESSED A PERMIT
13 ISSUED PURSUANT TO THIS SECTION.}
14 SECTION 2. The introductory portion to 18-12-105 (2) and
15 {18-12-105 (2) (b) and (2) (c), Colorado Revised Statutes, are amended,
16 and the said 18-12-105 (2) is further amended BY THE ADDITION OF
17 A NEW PARAGRAPH, to read:}
18 18-12-105. Unlawfully carrying a concealed weapon - unlawful
19 possession of weapons. (2) It shall NOT be an affirmative defense that
20 OFFENSE UNDER THIS SECTION IF the 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 person's
23 or another's person or property while traveling {HANDGUN FOR} ANY LEGAL
24 USE; or{
25 (c) A person who, prior to the time of carrying a concealed
26 weapon, has been issued a written permit pursuant to section 18-12-105.1,
Page 6
1 AS IT EXISTED PRIOR TO AUGUST 4, 1999, to carry the weapon by the chief
2 of police of a city or city and county or the sheriff of a county; or
3 (c.5) A PERSON WHO, PRIOR TO THE TIME OF CARRYING A
4 CONCEALED HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO
5 SECTION 18-12-105.1 TO CARRY THE CONCEALED HANDGUN; OR
6 SECTION 3. 18-12-105.5 (3) (d), Colorado Revised Statutes, is
7 amended, and the said 18-12-105.5 (3) is further amended BY THE
8 ADDITION OF A NEW PARAGRAPH, to read:
9 18-12-105.5. Unlawfully carrying a weapon - unlawful
10 possession of weapons - school, college, or university grounds. (3) It
11 shall not be an offense under this section if:
12 (d) The person, prior to the time of carrying a concealed weapon,
13 has been issued a written permit pursuant to section 18-12-105.1, AS IT
14 EXISTED PRIOR TO AUGUST 4, 1999, to carry the weapon by the chief of
15 police of a city or city and county or the sheriff of a county; or
16 (d.5) THE PERSON, PRIOR TO THE TIME OF CARRYING A CONCEALED
17 HANDGUN, HAS BEEN ISSUED A WRITTEN PERMIT PURSUANT TO SECTION
18 18-12-105.1 TO CARRY THE CONCEALED HANDGUN; OR}
19 SECTION {4.} 30-10-523, Colorado Revised Statutes, is amended
20 to read:
21 30-10-523. Sheriff - permits for concealed {handguns.} The
22 sheriff of each county may {AND THE OFFICIAL WHO HAS THE DUTIES OF A
23 SHERIFF IN EACH CITY AND COUNTY} SHALL issue written permits to carry
24 concealed {weapons HANDGUNS.} Any such permit shall be issued in
25 accordance with section 18-12-105.1, C.R.S.
26 SECTION {5.} {Repeal.} 31-4-112.1, Colorado Revised Statutes,
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1 is {repealed as follows:}
2 31-4-112.1. Chief of police - permits for concealed weapons.
3 {The chief of police of a city or city and county may issue written permits
4 to carry concealed weapons. Any such permit shall be issued in
5 accordance with section 18-12-105.1, C.R.S.}
6 SECTION {6.} Effective {date - applicability. (1)} This act shall
7 take effect at 12:01 a.m. on the day following the expiration of the
8 ninety-day period after final adjournment of the general assembly that is
9 allowed for submitting a referendum petition pursuant to article V, section
10 1 (3) of the state constitution; except that, if a referendum petition is filed
11 against this act or an item, section, or part of this act within such period,
12 then the act, item, section, or part, if approved by the people, shall take
13 effect on the date of the official declaration of the vote thereon by
14 proclamation of the governor.{
15 (2) The provisions of sections 2 and 3 of this act shall apply to
16 offenses committed on or after the applicable effective date of this act.}