NOTE:  This bill has been prepared for the signature of the appropriate legislative
      officers and the Governor.  To determine whether the Governor has signed the bill
      or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 03-1290
      
      
      BY REPRESENTATIVE(S) Lee, Frangas, Lundberg, Paccione, Rose,
      Schultheis, Brophy, Crane, and Fritz;
      also SENATOR(S) Cairns.
      
      
      Concerning declarations of a state of emergency.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  24-32-2103 (1.5), Colorado Revised Statutes, is
      amended to read:
      
           24-32-2103.  Definitions.  As used in this part 21, unless the context
      otherwise requires:
      
           (1.5)  "Disaster" means the occurrence or imminent threat of
      widespread or severe damage, injury, or loss of life or property resulting
      from any natural cause or cause of human origin, including but not limited
      to fire, flood, earthquake, wind, storm, wave action, hazardous substance
      incident, oil spill or other water contamination requiring emergency action
      to avert danger or damage, volcanic activity, epidemic, air pollution, blight,
      drought, infestation, explosion, civil disturbance, or hostile military or
      paramilitary action, or a condition of riot, insurrection, or invasion
      existing in the state or in any county, city, town, or district in the
      state.
      
           SECTION 2.  Repeal.  24-20-201, Colorado Revised Statutes, is
      repealed as follows:
      
           24-20-201.  Insurrection - firearms prohibited.  When, in the
      opinion of the governor, a condition of riot, insurrection, or invasion exists
      in this state or in any county, city, town, or district in this state, he shall
      have the right to declare the state or any such county, city, town, or district
      to be in a state of riot, or insurrection, or invasion, by proclamation, and to
      prohibit the purchase, manufacture for sale or use, receiving, carrying, or
      use, or the selling, giving away, transportation, or otherwise disposing, or
      the permitting of others to obtain possession of any firearms or ammunition
      in the places covered by said proclamation or in any other portion of the
      state designated by him during the time that said proclamation remains in
      force.
      
           SECTION 3.  Repeal.  24-20-202, Colorado Revised Statutes, is
      repealed as follows:
      
           24-20-202.  Permit to bear arms.  If the governor at any time issues
      his proclamation as provided in section 24-20-201 declaring the state or any
      county, city, town, or district within the state to be in a state of riot, or
      insurrection, or invasion, it is unlawful while said proclamation is in force
      for any person, firm, or corporation within the territory covered by said
      proclamation to purchase, manufacture for sale or use, receive, transport,
      carry, or use any firearm or ammunition or to sell, give away, or otherwise
      dispose of or permit others to obtain possession of any firearm or
      ammunition without a written permit from the governor or his regularly
      authorized representative.  No permit shall be issued by the governor or his
      representative unless and until the person so desiring such permit satisfies
      the governor or his representative that the same is to be used in defense of
      his home, person, or property.  This section shall not apply to legally
      authorized peace officers, or sheriffs, designated by the governor or his
      representative, or members of the national guard of Colorado.  No permit
      shall be issued to allow the purchase, manufacture for sale or use, receipt,
      use, transportation, or disposing of firearms or ammunition by anyone not
      a citizen of the United States or to anyone who has not been a resident of
      the state of Colorado for more than one year prior to the issuance of the
      proclamation mentioned in section 24-20-201.
      
           SECTION 4.  Repeal.  24-20-204, Colorado Revised Statutes, is
      repealed as follows:
      
           24-20-204.  Violation - penalty.  Any person, firm, or corporation
      violating the provisions of section 24-20-202 is guilty of a misdemeanor
      and, upon conviction thereof, shall be punished by a fine of not less than
      one hundred dollars nor more than one thousand dollars, or by
      imprisonment in the county jail for not more than one year, or by both such
      fine and imprisonment.
      
           SECTION 5.  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.
      
      
      
      
      ____________________________  ____________________________
      Lola Spradley                            John Andrews
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Judith Rodrigue                          Mona Heustis
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Owens
                                    GOVERNOR OF THE STATE OF COLORADO