Second Regular Session Sixty-second General Assembly LLS NO. 00-0012.01 Jeff Conway SENATE BILL 00-089 STATE OF COLORADO BY SENATOR Hernandez. A BILL FOR AN ACT Concerning the lawful possession of firearms, and making an appropriation in connection therewith. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Makes it a class 1 misdemeanor for any person to knowingly transfer a firearm to any person prohibited from possessing a firearm pursuant to state or federal law. Makes it a class 1 misdemeanor to transfer a firearm without first receiving a transaction number from the Colorado bureau of investigation ("bureau"). Requires any transferor of a firearm to contact the bureau for the purpose of requesting a criminal background check on a prospective transferee. Requires the bureau to perform a state and, if possible, federal criminal background check upon request of a transferor of a firearm. Instructs the bureau either to provide a transaction number or to deny authorization for the transfer, depending on whether the criminal background check shows that the prospective transferee is ineligible to possess a firearm under state or federal law. Specifies that a prospective transferee shall bear the cost of the criminal background check. Requires the bureau to purge the records created in conducting criminal background checks under the act; except that the bureau is allowed to maintain a list of the transaction numbers issued. Makes it a class 1 misdemeanor for any person who attempts to acquire a firearm from any transferor to knowingly make a false oral or written statement or to knowingly present false or misrepresented identification that is intended or likely to deceive the transferor with respect to any fact material to the lawfulness of the transfer of the firearm under federal or state law. Raises the age for legal handgun possession from 18 to 21 years of age. Prohibits persons under 21 years of age from possessing assault weapons. Prohibits generally anyone from providing an assault weapon to any person under 21 years of age. Defines assault weapons. Makes conforming amendments. Makes a 5-year appropriation. 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. Unlawful sale of firearms. (1) For purposes of this section: (a) "Bureau" means the Colorado bureau of investigation. (b) "Federal criminal background check" means a check of criminal history information maintained by the federal bureau of investigation and information maintained in the national instant criminal background check system created by Public Law 103-159. (c) "Transfer" means sale or rental by a transferor to a transferee. (d) "Transferee" means any person to whom a transferor wishes to transfer a firearm. (e) "Transferor" means any person who wishes to transfer a firearm. (2) It shall be unlawful for any person to knowingly transfer a firearm to a person who is ineligible to possess a firearm under state or federal law. (3) (a) It shall be unlawful for any person to transfer a firearm without first obtaining a transaction number from the bureau pursuant to the provisions of paragraphs (b), (c), and (d) of this subsection (3). (b) Immediately prior to the transfer of a firearm, the transferor shall contact the bureau for the purpose of obtaining a criminal background check on the prospective transferee. (c) Upon receipt of a request by a transferor, the bureau shall conduct a state criminal background check and, to the extent allowable by federal law, a federal criminal background check. If the results of the state criminal background check and, if conducted, the federal criminal background check show that the prospective transferee: (I) Is eligible to possess a firearm under state or federal law, the bureau shall provide the transferor with a transaction number; (II) Is ineligible to possess a firearm under state or federal law, the bureau shall inform the transferor that authorization for the transfer is denied. (d) The cost of conducting the criminal background checks as required in this subsection (3) shall be borne by the prospective transferee. (e) The bureau, within forty-eight hours after conducting a criminal background check pursuant to this subsection (3), shall destroy any records created as a result of conducting the state or federal criminal background check; except that the bureau shall maintain a list of the transaction numbers issued pursuant to this subsection (3). (4) It shall be unlawful for any transferee in connection with the transfer or attempted transfer of a firearm from any transferor to knowingly make a false or fictitious oral or written statement or knowingly furnish or exhibit false, fictitious, or misrepresented identification that is intended or likely to deceive the transferor with respect to any fact material to the lawfulness of the transfer of the firearm under federal or state law. (5) Any transferor or transferee who violates any provision of this section commits a class 1 misdemeanor; except that a violation of subsection (2) of this section that involves the transfer of a handgun or an assault weapon to a person under twenty-one years of age shall constitute a class 4 felony. SECTION 2. 24-33.5-412 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 24-33.5-412. Functions of bureau - legislative review. (1) The bureau has the following authority: (q) When requested by a transferor of a firearm, to conduct a criminal background check on the prospective transferee, as provided in section 18-12-111, C.R.S. SECTION 3. 18-12-108.5, Colorado Revised Statutes, is amended to read: 18-12-108.5. Possession of handguns and assault weapons by underage persons - prohibited - exceptions - penalty. (1) (a) Except as provided in this section, it is unlawful for any underage person who has not attained the age of eighteen years knowingly to have any handgun or assault weapon in such person's possession. (a.5) For purposes of this section and section 18-12-108.7, "underage person" means a person who has not attained the age of twenty-one years. (b) Any underage person possessing any handgun or assault weapon in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun or assault weapon by a juvenile an underage person. (c) (I) Illegal possession of a handgun or assault weapon by a juvenile an underage person is a class 2 misdemeanor. (II) For any second or subsequent offense, illegal possession of a handgun or assault weapon by a juvenile an underage person is a class 5 felony. (d) Any person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section shall be taken into temporary custody in the manner described in section 19-2-508, C.R.S. (2) This section shall not apply to: (a) Any person under the age of eighteen years underage person who is: (I) In attendance at a hunter's safety course or a firearms safety course; or (II) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or (III) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c) (3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or (IV) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or (V) Traveling with any handgun in such person's possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a); (b) Any person under the age of eighteen years underage person who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun or assault weapon; (c) Any person under the age of eighteen years underage person who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun or assault weapon for the purpose of exercising the rights contained in section 18-1-704 or section 18-1-704.5. (3) For the purposes of subsection (2) of this section, a handgun or assault weapon is "loaded" if: (a) There is a cartridge in the chamber of the handgun or assault weapon; or (b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or (b.5) There is a cartridge in any magazine attached to or in close proximity to the assault weapon; or (c) The handgun or assault weapon, and the ammunition for such handgun or assault weapon, is carried on the person of a person under the age of eighteen years an underage person or is in such close proximity to such person that such person could readily gain access to the handgun or assault weapon and the ammunition and load the handgun or assault weapon. (4) Repealed. SECTION 4. 18-12-108.7, Colorado Revised Statutes, is amended to read: 18-12-108.7. Unlawfully providing or permitting an underage person to possess a handgun or assault weapon - penalty. (1) (a) Any person who intentionally, knowingly, or recklessly provides a handgun or assault weapon with or without remuneration to any person under the age of eighteen years underage person in violation of section 18-12-108.5 or any parent or legal guardian of a person under eighteen years of age an underage person who knows of such juvenile's underage person's conduct which that violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing or permitting a juvenile an underage person to possess a handgun or assault weapon. (b) Unlawfully providing or permitting a juvenile an underage person to possess a handgun or assault weapon in violation of this subsection (1) is a class 4 felony. (2) (a) Any parent or guardian who intentionally, knowingly, or recklessly provides a handgun or assault weapon to a juvenile an underage person or permits a juvenile an underage person to possess a handgun or assault weapon, even though such parent or guardian is aware of a substantial risk that such juvenile underage person will use a handgun or assault weapon to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile an underage person to possess a handgun or assault weapon. A parent or guardian shall be deemed to have violated this paragraph (a) if such parent or guardian provides a handgun or assault weapon to or permits the possession of a handgun or assault weapon by any juvenile underage person who has been convicted of a crime of violence, as defined in section 16-11-309, C.R.S., or any juvenile underage person who has been adjudicated a juvenile delinquent for an offense which that would constitute a crime of violence, as defined in section 16-11-309, C.R.S., if such juvenile were underage person had been an adult at the time the offense was committed. (b) Unlawfully providing or permitting a juvenile an underage person to possess a handgun or assault weapon in violation of this subsection (2) is a class 4 felony. SECTION 5. 19-1-304 (1) (b.5) (II) (A), Colorado Revised Statutes, is amended to read: 19-1-304. Juvenile delinquency records. (1) (b.5) Arrest and criminal records - certain juveniles - public access - information limited. The public has access to arrest and criminal records information, as defined in section 24-72-302 (1), C.R.S., and including a person's physical description, that: (II) Concerns a juvenile who: (A) Is adjudicated a juvenile delinquent or is subject to a revocation of probation for committing the crime of possession of a handgun or assault weapon by a juvenile an underage person or for committing an act that would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult; or SECTION 6. 19-2-508 (3) (a) (III) (C), Colorado Revised Statutes, is amended to read: 19-2-508. Detention and shelter - hearing - time limits - findings - review - confinement with adult offenders - restrictions. (3) (a) (III) With respect to this section, the court may further detain the juvenile if the court is satisfied from the information provided at the hearing that the juvenile is a danger to himself or herself or to the community. Any information having probative value shall be received regardless of its admissibility under the rules of evidence. In determining whether a juvenile requires detention, the court shall consider any record of any prior adjudications of the juvenile. There shall be a rebuttable presumption that a juvenile is a danger to himself or herself or to the community if: (C) The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as described in section 18-12-102, C.R.S.; possession of a defaced firearm, as described in section 18-12-103, C.R.S.; unlawfully carrying a concealed weapon, as described in section 18-12-105, C.R.S.; unlawfully carrying a concealed weapon on school, college, or university grounds, as described in section 18-12-105.5, C.R.S.; prohibited use of weapons, as described in section 18-12-106, C.R.S.; illegal discharge of a firearm, as described in section 18-12-107.5, C.R.S.; or illegal possession of a handgun or assault weapon by a juvenile an underage person, as described in section 18-12-108.5, C.R.S. SECTION 7. 19-2-517 (1) (a) (II) (B), Colorado Revised Statutes, is amended to read: 19-2-517. Direct filing - repeal. (1) (a) A juvenile may be charged by the direct filing of an information in the district court or by indictment only when: (II) The juvenile is fourteen years of age or older and: (B) Is alleged to have committed a felony offense described in article 12 of title 18, C.R.S., except for the possession of a handgun or assault weapon by a juvenile an underage person, as set forth in section 18-12-108.5, C.R.S.; or SECTION 8. 18-12-101 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 18-12-101. Definitions. (1) As used in this article, unless the context otherwise requires: (a.2) "Assault weapon" means any of the firearms described in this paragraph (a.2); except that "assault weapon" does not include any firearm manufactured prior to January 1, 1899: (I) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon; (B) A thumbhole stock; (C) A folding or telescoping stock; (D) A grenade launcher or flare launcher; (E) A flash suppressor; (F) A forward pistol grip; (II) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds of ammunition; (III) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; (IV) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; (B) A second handgrip; (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; (D) The capacity to accept a detachable magazine at some location outside of the pistol grip; (V) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds of ammunition; (VI) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock; and (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip; (VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; (VIII) Any shotgun with a revolving cylinder; (IX) Any of the following rifles: (A) All AK series, including but not limited to the models identified as follows: Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S; Norinco 56, 56S, 84S, and 86S; Poly technologies AKS and AK47; MAADI AK47 and ARM; (B) UZI and Galil; (C) Beretta AR-70; (D) CETME sporter; (E) Colt AR-15 series; (F) Daewoo K-1, K-2, max 1, max 2, AR 100, and AR 110C; (G) Fabrique nationale FAL, LAR, FNC, 308 match, and sporter; (H) MAS 223; (I) HK-91, HK-93, HK-94, and HK-PSG-1; (J) The following MAC types: RPB industries inc. sM10 and sM11; SWD incorporated M11; (K) SKS with detachable magazine; (L) SIG AMT, PE-57, SG 550, and SG 551; (M) Springfield armory BM59 and SAR-48; (N) Sterling MK-6; (O) Steyer AUG; (P) Valmet M62S, M71S, and M78S; (Q) Armalite AR-180; (R) Bushmaster assault rifle; (S) Calico M-900; (T) J&R ENG M-68; (U) Weaver arms nighthawk; (X) All of the following specified pistols: (A) UZI; (B) Encom MP-9 and MP-45; (C) The following MAC types: RPB industries inc. sM10 and sM11; SWD incorporated M-11; Advance armament inc. M-11; Military armament corp. ingram M-11; (D) Intratec TEC-9; (E) Sites spectre; (F) Sterling MK-7; (G) Calico M-950; (H) Bushmaster pistol; (XI) All of the following specified shotguns: (A) Franchi SPAS 12 and LAW 12; (B) Striker 12; (C) The streetsweeper type S/S Inc. SS/12. SECTION 9. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 17-1-126. Appropriation to comply with section 2-2-703 - SB 00-____. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement S.B. 00-___, enacted at the second regular session of the sixty-second general assembly: (a) For the fiscal year beginning July 1, 2000, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of _______ dollars ($ ). (b) (I) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). (c) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ________ dollars ($ ). (II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). (d) (I) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ____ dollars ($ ). (e) (I) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ____ dollars ($ ). SECTION 10. Effective date - applicability. This act shall take effect July 1, 2000, and shall apply to offenses committed on or after said date. SECTION 11. 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.