First Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 03-0278.02 Michael Dohr SENATE BILL 03-063 SENATE SPONSORSHIP Lamborn HOUSE SPONSORSHIP Schultheis Senate Committees House Committees State Veterans & Military Affairs Appropriations A BILL FOR AN ACT Concerning permits that authorize carrying of concealed handguns issued to persons who pass background checks to ensure such persons are not a danger, and, in connection therewith, identifying the issuance of permits that authorize carrying of concealed handguns as an issue of statewide concern and making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorization for permits. Specifies that the issuance and use of a permit to carry a concealed handgun ("permit") is a matter of statewide concern. Qualifications to receive permits. Specifies the qualifications for receiving a permit, including:  Residency;  Age; and  Ability to possess a firearm under state and federal law. Use of permits. Specifies the minimum contents of the permit and how the permit may be used. Submittal of applications. Specifies an application and a permit fee that an applicant must submit to a sheriff to apply for a permit. Instructs the sheriff to request a national instant criminal background check to determine whether the applicant meets the requirements for obtaining a permit. Directs the sheriff to establish the amount of the new and renewal permit fees, and sets caps on the fee amounts. Prohibits a sheriff from requiring that an applicant submit information regarding weapons owned. Allows the sheriff to maintain a database of permits issued, but prohibits sharing of the database for creation of a statewide database of permitees. Prohibits the Colorado bureau of investigation from creating or keeping a database of applicants or permittees. Judicial review. Establishes procedures for judicial review of a sheriff's denial of, suspension of, revocation of, or refusal to renew a permit. Maintaining and renewing permits. Specifies conditions under which a permit may become invalid or may be suspended. Establishes procedures for renewing a permit, including the documents to be filed and the fee to be paid. Reciprocity. Recognizes as valid in this state a permit issued to a person at least 21 years of age by another state that recognizes the validity of Colorado permits. Carrying restrictions. States that a permit is effective in all areas of the state, except as provided by state or federal law. Immunity. Grants civil immunity to the CBI, local law enforcement agencies, and employees of said entities for the good faith implementation of the act. Existing permits. Provides that permits issued prior to July 1, 2003, shall expire the date specified in the permit. Makes conforming amendments. Makes an 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 PART to read: PART 2 PERMITS TO CARRY CONCEALED HANDGUNS 18-12-201. Legislative declaration. (1) The general assembly finds that: (a) There exists a widespread inconsistency among jurisdictions within the state with regard to the issuance of permits to carry concealed handguns and identification of areas of the state where it is lawful to carry concealed handguns; (b) This inconsistency among jurisdictions creates public uncertainty regarding the areas of the state in which it is lawful to carry concealed handguns; (c) Inconsistency results in the arbitrary and capricious denial of permits to carry concealed handguns based on the jurisdiction of residence rather than the qualifications for obtaining a permit; (d) The criteria and procedures for the lawful carrying of concealed handguns historically has been regulated by state statute and should be consistent throughout the state to ensure the consistent implementation of state law; and (e) It is necessary that the state occupy the field of regulation of the bearing of concealed handguns and the issuance of the permits to carry concealed handguns since the issuance of a concealed handgun permit is based on a person's constitutional right of self-protection and there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit and in ensuring that the laws controlling the use of the permit are consistent throughout the state. (2) Based on the findings specified in subsection (1) of this section, the general assembly hereby concludes that: (a) The permitting for and carrying of concealed handguns is a matter of statewide concern; and (b) It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns and bearing concealed handguns for self-defense. 18-12-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Bureau" means the Colorado bureau of investigation within the department of public safety. (2) "Handgun" means a handgun as defined in section 18-12-101 (1) (e.5); except that the term does not include a machine gun as defined in section 18-12-101 (1) (g). (3) "Permit" means a permit to carry a concealed handgun issued pursuant to the provisions of this part 2. (4) "Sheriff" means the sheriff of a county, or his or her designee, or the official who has the duties of a sheriff in a city and county, or his or her designee. 18-12-203. Criteria for obtaining a permit. (1) Beginning on July 1, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to a Colorado resident who is twenty-one years of age or older and is eligible to possess a firearm pursuant to section 18-12-108, federal law, and state law. (2) For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado. (3) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet the requirements specified in subsection (1) of this section. Following issuance of a permit, if the issuing sheriff has reason to believe that a permittee no longer meets the requirements specified in subsection (1) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section. 18-12-204. Permit contents - validity - carrying requirements. (1) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-209. A permit issued pursuant to this part 2 is effective in all areas of the state, except as otherwise provided by state or federal law. A city, city and county, local government, or quasi-government law, ordinance, or regulation shall not preempt a permit holder from carrying a concealed handgun as allowed by this part 2. (2) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state or federal law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand. 18-12-205. Sheriff - application - procedure - background check. (1) To obtain a permit, a person shall submit a permit application on a standardized form developed by the sheriff and available from the sheriff of a county or city and county. The person shall submit the application to the sheriff of the county or city and county in which the applicant resides or maintains a secondary residence or owns or leases real property used by the applicant in a business. A sheriff shall not require an applicant to provide information regarding weapons owned by the applicant. (2) The applicant shall also submit to the sheriff a permit fee in an amount determined by the sheriff, not to exceed fifty dollars, for processing the permit application. The sheriff shall transmit to the bureau six dollars from the permit fee to offset the cost incurred by the bureau in determining whether the applicant is eligible to possess a handgun pursuant to state and federal law. (3) After receipt of a permit application and the permit fee, the sheriff shall verify that the applicant meets the requirements specified in section 18-12-203 (1). Such verification shall include requesting the bureau to conduct a search of the national instant criminal background check system and a search of the state integrated criminal justice information system to determine whether the applicant meets the requirements specified in section 18-12-203 (1). (4) The issuing sheriff may maintain a database of permittees who receive permits from the sheriff for the purpose of determining the validity of a permit, but may not share the information for the purpose of creating or maintaining a statewide or regional database of permittees. 18-12-206. Sheriff - issuance or denial of permits. (1) Within fifteen days after the date of receipt of the items specified in section 18-12-205, a sheriff shall: (a) Approve the permit application and issue the permit; or (b) Deny the permit application based solely on the ground that the applicant fails to qualify under the requirements listed in section 18-12-203 (1). 18-12-207. Judicial review - permit denial - permit suspension - permit revocation. (1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. (2) The procedure and timelines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure. 18-12-208. Maintenance of permit - invalidity of permit. If a permit is lost, stolen, or destroyed, the permit is automatically invalid. The person to whom the permit was issued may obtain a duplicate or substitute therefor upon payment of fifteen dollars to the issuing sheriff and upon submission of a notarized statement to the issuing sheriff that the permit has been lost, stolen, or destroyed. 18-12-209. Renewal of permits. Within ninety days prior to expiration of a permit, the permittee may obtain a renewal form from the issuing sheriff and renew the permit by submitting to the issuing sheriff a completed renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the requirements specified in section 18-12-203 (1), and the required renewal fee not to exceed twenty-five dollars, as set by the sheriff. The renewal form shall meet the requirements specified in section 18-12-205 (1) for an application. The sheriff shall verify that the permittee meets the requirements specified in section 18-12-203 (1) and shall either renew or deny the renewal of the permit in accordance with the provisions of section 18-12-206. If the sheriff denies renewal of a permit, the permittee may seek judicial review as provided in section 18-12-207. 18-12-210. Reciprocity. A permit to carry a concealed handgun or a concealed weapon that is issued to a person twenty-one years of age or older by a state that recognizes the validity of permits issued pursuant to this part 2 shall be valid in this state in all respects as a permit issued pursuant to this part 2. 18-12-211. Immunity. The bureau and a local law enforcement agency and an individual employed by the bureau or a local law enforcement agency shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2. 18-12-212. Permits issued prior to July 1, 2003. A permit issued pursuant to section 18-12-105.1, as it existed prior to July 1, 2003, shall permanently expire on its expiration date as specified on the permit. 18-12-213. Bureau - prohibit database. The bureau may not create or maintain a computer database or paper records of applications for permits to carry concealed handguns submitted pursuant to this part 2 or of persons holding permits to carry concealed handguns issued pursuant to this part 2. SECTION 2. Repeal. 18-12-105.1, Colorado Revised Statutes, is repealed. SECTION 3. 18-12-105 (2) (c), Colorado Revised Statutes, is amended to read: 18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons. (2) It shall not be an offense if the defendant was: (c) A person who, prior to at the time of carrying a concealed weapon, has been issued a held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county as it existed prior to July 1, 2003, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun issued pursuant to part 2 of this article; or SECTION 4. 18-12-106 (1) (d), Colorado Revised Statutes, is amended to read: 18-12-106. Prohibited use of weapons. (1) A person commits a class 2 misdemeanor if: (d) He The person has in his or her possession a firearm while he the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to July 1, 2003, or possession of a permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1). SECTION 5. 24-33.5-412 (1) (o), Colorado Revised Statutes, is amended to read: 24-33.5-412. Functions of bureau - legislative review. (1) The bureau has the following authority: (o) When requested by a police chief or sheriff, to conduct a criminal history check of an applicant for a permit to carry a concealed weapon, including processing of fingerprints, as provided in section 18-12-105.1 (2), C.R.S. To carry out the duties set forth in part 2 of article 12 of title 18, C.R.S.; SECTION 6. 30-10-523, Colorado Revised Statutes, is amended to read: 30-10-523. Sheriff - permits for concealed handguns. The sheriff of each county may and the official who has the duties of a sheriff in each city and county shall issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18-12-105.1, C.R.S. handguns as provided in part 2 of article 12 of title 18, C.R.S. SECTION 7. Repeal. 31-4-112.1, Colorado Revised Statutes, is repealed as follows: 31-4-112.1. Chief of police - permits for concealed weapons. The chief of police of a city or city and county may issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18-12-105.1, C.R.S. SECTION 8. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys collected pursuant to section 18-12-205 (2), Colorado Revised Statutes, to the department of public safety for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 2003, the sum of _____________ dollars ($______) and ___ FTE, or so much thereof as may be necessary, for implementation of this act. Of said sum, _____ dollars ($______) shall be from cash funds from name check processing fees, and _______ dollars ($______) shall be from cash funds exempt. SECTION 9. Effective date - applicability. This act shall take effect July 1, 2003, and shall apply to offenses committed on or after said date. SECTION 10. 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.