First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0439.01 Richard Sweetman x4333SENATE BILL 13-062
                   SENATE SPONSORSHIP
 Lambert,  Lundberg, Baumgardner, Brophy, Cadman, Grantham, Harvey, Hill, Marble,
 Renfroe, Scheffel
 
                    HOUSE SPONSORSHIP
 Saine,  Holbert, Everett, Nordberg, Buck, Humphrey, Joshi
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning establishing civil liability for certain businesses
            that prohibit the carrying of firearms on the business
            premises.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            A private business entity shall be liable for damages in any civil
       action brought by an invitee if:
                 The private business entity holds itself open to the public;
                 The private business entity prohibits the carrying of
                 firearms, whether concealed or open, on the premises of the
                 business, where such carrying would otherwise be
                 permitted under law;
                 The private business entity fails to employ on the premises
                 of the business at least 1 on-duty security officer, who is
                 armed with a firearm, for each 50 persons who are present
                 on the premises of the business; and
                 The invitee incurs said damages as a result of actions taken
                 by another person, against whose actions the invitee could
                 have defended himself or herself with a firearm in the
                 absence of the private business entity's prohibition against
                 the carrying of firearms.
            "Private business entity" includes, but is not limited to, a
       tax-exempt, not-for-profit entity that conducts retail sales or provides
       retail services to the public.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 13-21-128 as
       follows:
            13-21-128.  Civil liability for businesses that prohibit the
       carrying of firearms. (1)  A private business entity shall be liable
       for damages in any civil action brought by an invitee pursuant
       to section 13-21-115 (3) (c) if:
            (a)  The private business entity holds itself open to the
       public;
            (b)  The private business entity prohibits the carrying of
       firearms, whether concealed or open, on the premises of the
       business, where such carrying would otherwise be permitted
       under law;
            (c)  The private business entity fails to employ on the
       premises of the business at least one on-duty security officer,
       who is armed with a firearm, for each fifty persons who are
       present on the premises of the business; and
            (d)  The invitee incurs said damages as a result of actions
       taken by another person, against which actions the invitee
       could have defended himself or herself with a firearm in the
       absence of the prohibition described in paragraph (b) of this
       subsection (1).
            (2)  As used in this section, "private business entity"
       includes, but is not limited to, a not-for-profit entity with
       tax-exempt status under section 501 (c) (3) of the federal
       "Internal Revenue Code of 1986", as amended, that conducts
       retail sales or provides retail services to the public.
            SECTION 2.  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.