Date: 02/19/2009

Final
BILL SUMMARY for HB09-1180

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.002 (Attachment B). Th
Refer House Bill 09-1180, as amended, to the Commi		PASS
PASS



01:50 PM -- House Bill 09-1180

Representative King returned to discuss House Bill 09-1180 concerning allowing valid Colorado concealed handgun permits to satisfy background check requirements for transfers of firearms. The bill was previously discussed on February 16, 2009, and Representative Levy announced at that time that only individuals who previously signed up to testify would be permitted to do so.

01:51 PM -- Joe Pelle, County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Pelle pointed out that it is difficult to verify a concealed carry permit. There is no central collection of records or a database. Permit information is not public record. The statute, as written, prohibits sheriffs from sharing information about permits with anyone other than law enforcement officials for criminal justice purposes. He stated his opinion that the permit cards can be easily forged. The committee discussed the revoked permits in Boulder County in 2008. Sheriff Pelle indicated that most revoked permits are recovered, but not all. He talked about the process of revoking a permit.

02:05 PM -- Mark Beckner, Colorado Association of Chiefs of Police, spoke in opposition to the bill. Chief Beckner indicated that background checks are a way to protect the public and the lack of a central database is problematic for law enforcement officials. He discussed his experience with forged instruments, including driver's licenses. He stated that a concealed carry permit could easily be forged. He believes there are negative foreseeable consequences to this bill.

02:09 PM -- Dudley Brown, Rocky Mountain Gun Owners, spoke in support of the bill. Mr. Brown has never heard of a forged concealed carry permit in Colorado or any other state. He indicated that anyone who holds a concealed carry permit already owns a gun. He discussed the level of training required to obtain a permit. No training is required to make a firearm purchase. He stated that most concealed carry permit holders are law-abiding citizens and are willing to go through a background check and training in order to obtain their permits. The committee discussed the transfer of firearms at length, including requirements for being a licensed firearm dealer.

02:21 PM -- Richard Sweetman, Office of Legislative Legal Services, appeared to respond to questions about a legal opinion Representative Levy requested. Mr. Sweetman discussed how the bill might conflict with federal law and how the bill attempts address a gap identified by the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) regarding Colorado concealed carry permits. The ATF does not currently recognize Colorado concealed carry permits as conforming with federal firearms laws.
BILL:HB09-1180
TIME: 02:34:25 PM
MOVED:King
MOTION:Adopt prepared amendment L.002 (Attachment B). The amendment strikes sections 1 and 5 of the bill. The committee discussed the possibility of amending the bill in a different way that would make its implementation contingent upon the ATF recognizing Colorado concealed carry permits. The motion passed on a vote of 10-1.

09HouseJud0219AttachB.pdf
SECONDED:Levy
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:35 PM

Representative King wrapped up his presentation of the bill. He stated that criminals do not care about laws that are passed. Law-abiding citizens do care. He believes that concealed carry permit holders are not the bad guys. They are responsible citizens who take the time to get training about firearms. The committee made comments about their positions on the bill.
BILL:HB09-1180
TIME: 02:43:13 PM
MOVED:King
MOTION:Refer House Bill 09-1180, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS