Second Regular Session
       
                   Sixty-second General Assembly
       LLS NO. 00-0919.01 Jeff Conway   HOUSE BILL 00-1289 
       
                         STATE OF COLORADO
       
       BY REPRESENTATIVES Hefley, McPherson, Clapp, Dean, Fairbank,
       Lee, May, McElhany, Nu¤ez, and Paschall
       
       
       
       
       
                         A BILL FOR AN ACT
            Concerning firearms regulation, and, in connection therewith,
            standardizing firearms regulation as a matter of
            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.)
       
            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, repair,
       manufacture, display, 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.
       
       
       
       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:
            18-12-111.  Limitation on local ordinances regarding firearms
       - legislative declaration.  (1) (a)  The general assembly hereby finds
       that:
            (I)  There exists a widespread inconsistency among
       jurisdictions within the state with regard to firearms
       regulations;
            (II)  This inconsistency creates a confusing and
       unenforceable patchwork of laws that unfairly subjects a
       citizen who lawfully possesses a firearm in one jurisdiction to
       criminal penalties because he or she travels into another
       jurisdiction;
            (III)  This inconsistency places citizens in the position of
       not knowing when they may be violating the local laws and
       therefore being unable to avoid committing a crime.
            (b)  Based on the findings specified in paragraph (a) of this
       subsection (1), the general assembly concludes that:
            (I)  The regulation of firearms is a matter of statewide
       concern;
            (II)  It is necessary to provide statewide laws concerning
       the ownership, possession, carrying, use, repair, manufacture,
       display, or transferring of a firearm to ensure that law-abiding
       persons are not unfairly placed in the position of unknowingly
       committing crimes involving firearms.
            (2) (a)  Notwithstanding any other provision of law, no
       municipality, county, or city and county shall have the
       authority to enact any ordinance or resolution that would
       restrict a person's ability to own, possess, carry, use, repair,
       manufacture, display, or transfer a firearm to a greater extent
       than the person's ability to own, possess, carry, use, repair,
       manufacture, display, or transfer a firearm is restricted by
       state statute.
            (b)  Any ordinance or resolution that imposes or otherwise
       results in a greater penalty for violation of said ordinance or
       resolution than would be imposed for or result from violation
       of a comparable state statute shall be deemed to be a greater
       restriction than that imposed by state statute.
            (3)  Any ordinance or resolution passed prior to the
       effective date of this section that violates the provisions of this
       section shall be deemed unauthorized and therefore
       unenforceable as to events occurring on or after the effective
       date of this section.
            SECTION 2.  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.