First Regular Session
              Sixty-third General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 01-0811.01 Michael Dohr        SENATE BILL  01-160
                   SENATE SPONSORSHIP
 Gordon, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
            Concerning safe storage of firearms to prevent juvenile
            possession of firearms.
       
       
                            Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Creates a misdemeanor for negligent storage of a firearm if the
       firearm comes into the possession of a juvenile and the juvenile possesses
       the firearm in a public place, uses the firearm in violation of state or
       federal law, or discharges the firearm.  Defines "negligently store".
            Provides exceptions if the juvenile possesses the firearm:
                          While under direct parental or guardian supervision;
                          In self-defense;
                          While defending his or her home;
                          While attending a hunter safety or firearm safety course;
                          While at a shooting range;
                          While hunting under a valid hunting license;
                          While practicing for or engaging in an organized
                 performance or competition.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 12 of title 18, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
            18-12-112.  Safe storage of firearms.  (1)  A firearm owner
       commits negligent storage of a firearm if he or she negligently
       stores the firearm and it comes into the possession of a juvenile
       who then:
            (a)  Possesses the firearm in a public place; or
            (b)  Uses the firearm in violation of any state or federal
       law; or
            (c)  Discharges the firearm.
            (2)  For purposes of this section, "negligently store" means
       to place or leave a firearm in a location where a reasonable
       person would find a substantial and unjustifiable risk exists that
       a juvenile would obtain possession of such firearm.
            (3)  Subsection (1) of this section shall not apply if the
       juvenile obtains possession of the firearm under the following
       circumstances:
            (a)  While under the direct supervision of the juvenile's
       parent or guardian;
            (b)  In the lawful act of self-defense;
            (c)  In order to defend his or her home from unlawful entry
       by any person;
            (d)  While attending a hunter safety or firearm safety
       course;
            (e)  While shooting at an established shooting or firing
       range;
            (f)  While hunting under a valid license; or
            (g)  In the course of engaging in or practicing for an
       organized competition or performance.
            (4)  Negligent storage of a firearm is a class 3
       misdemeanor.
            SECTION 2.  Effective date - applicability.  (1)  This act shall
       take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly that is
       allowed for submitting a referendum petition pursuant to article V, section
       1 (3) of the state constitution; except that, if a referendum petition is filed
       against this act or an item, section, or part of this act within such period,
       then the act, item, section, or part, if approved by the people, shall take
       effect on the date of the official declaration of the vote thereon by
       proclamation of the governor.
            (2)  The provisions of this act shall apply to offenses committed on
       or after the applicable effective date of this act.