First Regular Session Sixty-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 01-0458.02 Jeff Conway HOUSE BILL 01-1327 HOUSE SPONSORSHIP Fritz, and Lee SENATE SPONSORSHIP Owen House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the shortening of time frames affecting the ability to possess weapons. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Modifies the existing provision prohibiting possession of a weapon by a previous offender so that a person adjudicated for certain crimes against property may lawfully possess a firearm or other weapon after such adjudication if:  The offense was a crime against property not related to an act of domestic violence; and  Such possession of a weapon occurred more than 10 years after such adjudication, release from commitment, or release from supervision. Limits, to the 7 years preceding an instant criminal background check, the authority of the Colorado bureau of investigation ("bureau") to deny a transfer of a firearm based on either:  The transferee's arrest for or being charged with a crime that, if convicted, would prohibit the transferee from purchasing, receiving, or possessing the firearm under state or federal law where there has been no final disposition of the case or the disposition is not noted in databases; or  An indictment, an information, or a felony complaint filed against the transferee alleging commission of a felony where either there has been no final disposition of the case or the final disposition is not noted in the other databases. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-33.5-424 (3) (a) and the introductory portion to 24-33.5-424 (3) (b) (I), Colorado Revised Statutes, are amended to read: 24-33.5-424. National instant criminal background check system - state point of contact - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - repeal. (3) (a) The bureau, acting as the state point of contact for implementation of 18 U.S.C. sec. 922 (t), shall transmit a request for a background check in connection with the prospective transfer of a firearm to the NICS system and may also search other databases. The bureau shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of any provision of state law, including but not limited to section 18-12-108 (4) (c) section 18-12-108 (3), C.R.S., involving certain serious acts which, if committed by juveniles. an adult, would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon. (b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee, within the seven years preceding the transmission of the request or search of other databases by the bureau: SECTION 2. 18-12-108 (3) and (4) (b), Colorado Revised Statutes, are amended to read: 18-12-108. Possession of weapons by previous offenders. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), a person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's adjudication for an act which, if committed by an adult, would constitute a felony, or subsequent to the person's adjudication for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. (b) This subsection (3) shall not apply: (I) If a person is adjudicated for a crime against property, other than a crime used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship; and (II) If possession, use, or carrying of a firearm or other weapon as described in paragraph (a) of this subsection (3) occurs as follows: (A) Ten years or more after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or (B) Ten years or more after the date of release from commitment, if such person was committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or (C) If subject to supervision imposed as a result of an adjudication, ten years or more after the date of release from such supervision. (4) (b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (1) subsection (3) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1). SECTION 3. 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.