Second Regular Session
              Sixty-third General Assembly
                    STATE OF COLORADO
                                    CORRECTED    INTRODUCED
                                                           
                                                           
 LLS NO. 02-0773.01 Michael Dohr        HOUSE BILL  02-1264
                    HOUSE SPONSORSHIP
 Borodkin,  Bacon, Chavez, Coleman, Garcia, Groff, Hodge, Jameson, Mace, Madden,
 Marshall, Ragsdale, Romanoff, Saliman, Tapia, Veiga, Weddig, and Williams S.
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         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.
            Provides exceptions if the juvenile possesses the firearm:
                          While under direct parental or guardian supervision;
                          In self-defense;
                          While defending his or her residence;
                          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;
                          While traveling to or from any of the listed activities;
                          As a result of a robbery or burglary.
       
       
       
       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:
            18-12-112.  Safe storage of a firearm.  (1)  A firearm owner or
       custodian commits negligent storage of a firearm if he or she
       acting with criminal negligence, as defined by section 18-1-501
       (3), stores the firearm and it comes into the possession of a
       person under the age of eighteen years who then unlawfully:
            (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)  Subsection (1) of this section shall not apply if the
       person under the age of eighteen years obtains possession of the
       firearm under the following circumstances:
            (a)  While under the direct supervision of the person's
       parent or guardian;
            (b)  While in the lawful act of self-defense or defense of
       another;
            (c)  While defending his or her residence from unlawful
       entry by any person;
            (d)  While attending a hunter safety or firearm safety
       course;
            (e)  While practicing 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 at any
       other area where the discharge of a firearm is not prohibited;
            (f)  While hunting or trapping pursuant to a valid license
       issued to such person pursuant to article 4 of title 33, C.R.S.;
            (g)  While 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 part of such performance;
            (h)  While traveling with any unloaded firearm to or from
       any activity described in paragraph (a), (d), (e), (f), or (g) of this
       subsection (2); or
            (i)  As a result of a robbery, as described in section
       18-4-301 or 18-4-302, or as a result of a burglary, as described in
       section 18-4-202, 18-4-203, or 18-4-204.
            (3)  Negligent storage of a firearm is a class 3
       misdemeanor.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect July 1, 2002, and shall apply to offenses committed on or after said
       date.
            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.