First Regular Session
Sixty-second General Assembly
LLS NO. 99-0734.01 Julie Pelegrin HOUSE BILL 99-1316
STATE OF COLORADO
BY REPRESENTATIVES Dean, Young, Taylor;
also SENATOR Chlouber.
REENGROSSED
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
A BILL FOR AN ACT
101 CONCERNING WEAPONS.
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 of permits
to carry concealed handguns is a matter of statewide concern. Assigns
responsibility for issuing the permits to county sheriffs and the official
having the duties of a sheriff in any city and county.
Qualifications to receive permits. Specifies the qualifications for
receiving a permit, including:
Age;
State residency;
Ability to possess a firearm under state and federal law;
Whether the applicant uses alcoholic beverages illegally or
excessively;
Competence with a handgun.
Use of permits. Specifies the contents of the permit and how the
permit may be used. Identifies conditions under which a handgun is not
considered concealed.
Submittal of applications. Specifies the documents, including an
application and a permit fee, that an applicant must submit to a sheriff to
apply for a concealed handgun permit. Instructs the sheriff to witness the
applicant's signature on the permit application, verify the applicant's
identity, and determine whether the applicant meets the requirements for
obtaining a permit. Specifies the procedures for denying a permit,
including judicial review of the denial. Directs the sheriff to establish the
amount of the new and renewal permit fees based on the actual costs of
issuing and renewing the permits, and sets caps on the fee amounts.
Duties of CBI. Requires the CBI to maintain a listing of states
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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that have permit reciprocity.
Emergency permits. Establishes procedures for a sheriff to issue
emergency permits to any person who the sheriff has reason to believe is
in immediate danger.
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 and fee to be
filed.
Exemptions. Exempts peace officers, level I and level Ia, and
comparable federal officers from the requirement to obtain a permit.
Exempts peace officers, level II, while on duty, from the requirement to
obtain a permit. Exempts law enforcement officers from other states
from the requirement to obtain a permit so long as the officer's state
would exempt Colorado law enforcement officers. Exempts any retired
peace officer, level I or Ia, for the first 5 years after retirement, so long
as the retired peace officer has a letter from his or her commanding
officer attesting that he or she meets the criteria for obtaining a permit.
Reciprocity. Recognizes as valid in this state any permit issued
by another state that recognizes the validity of Colorado permits.
Carrying restrictions. Specifies that a permit does not authorize
a permittee to carry a concealed handgun in areas where carrying a
firearm is prohibited by federal law.
Immunity. Grants civil immunity to local law enforcement
agencies and employees of said entities for the good faith implementation
of the act. Grants civil immunity in suits for damages arising from
issuance or denial of a permit to persons who provide information
concerning an applicant.
Existing permits. Provides that permits issued prior to July 1,
1999, shall expire on June 30, 2000, or the date specified in the permit,
whichever occurs first.
Criminal provisions. Creates the crime of perjury on an
application for issuance or renewal of a concealed handgun permit, and
makes it a class 2 misdemeanor.
Makes possession of a concealed handgun permit an exception to
the offense of carrying a concealed handgun, rather than an affirmative
defense.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 12 of title 18, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
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1 PART 2
2 PERMITS TO CARRY CONCEALED HANDGUNS
3 18-12-201. Legislative declaration. (1) THE GENERAL
4 ASSEMBLY FINDS THAT:
5 (a) THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG
6 JURISDICTIONS WITHIN THE STATE WITH REGARD TO THE ISSUANCE OF
7 PERMITS TO CARRY CONCEALED HANDGUNS;
8 (b) TO SOME DEGREE, THIS INCONSISTENCY AMONG JURISDICTIONS
9 ARISES FROM INCONSISTENCY WITH REGARD TO THE CRITERIA FOR
10 ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS;
11 (c) THIS INCONSISTENCY TOO OFTEN RESULTS IN THE ARBITRARY
12 AND CAPRICIOUS DENIAL OF PERMITS TO CARRY CONCEALED HANDGUNS
13 BASED ON THE JURISDICTION OF RESIDENCE RATHER THAN THE
14 QUALIFICATIONS FOR OBTAINING A PERMIT; AND
15 (d) THE CRITERIA AND PROCEDURES FOR THE ISSUANCE OF PERMITS
16 TO CARRY CONCEALED HANDGUNS SHOULD BE CONSISTENT THROUGHOUT
17 THE STATE TO ENSURE THE CONSISTENT IMPLEMENTATION OF STATE LAW.
18 (2) BASED ON THE FINDINGS SPECIFIED IN SUBSECTION (1) OF THIS
19 SECTION, THE GENERAL ASSEMBLY HEREBY CONCLUDES THAT:
20 (a) THE ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS
21 IS A MATTER OF STATEWIDE CONCERN;
22 (b) IT IS NECESSARY TO PROVIDE STATEWIDE UNIFORM STANDARDS
23 FOR ISSUING PERMITS TO CARRY CONCEALED HANDGUNS FOR
24 SELF-DEFENSE; AND
25 (c) IT IS NECESSARY THAT THE STATE OCCUPY THE FIELD OF
26 REGULATION OF THE BEARING OF CONCEALED HANDGUNS FOR
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1 SELF-DEFENSE TO ENSURE THAT NO HONEST, LAW-ABIDING PERSON WHO
2 QUALIFIES FOR A PERMIT UNDER THE PROVISIONS OF THIS PART 2 IS
3 SUBJECTIVELY OR ARBITRARILY DENIED THE ABILITY TO CARRY A
4 CONCEALED HANDGUN.
5 (3) IN ACCORDANCE WITH THE FINDINGS AND CONCLUSIONS
6 SPECIFIED IN SUBSECTIONS (1) AND (2) OF THIS SECTION, THE GENERAL
7 ASSEMBLY HEREBY INSTRUCTS EACH SHERIFF TO IMPLEMENT AND
8 ADMINISTER THE PROVISIONS OF THIS PART 2. THE GENERAL ASSEMBLY
9 DOES NOT DELEGATE TO THE SHERIFFS THE AUTHORITY TO REGULATE OR
10 RESTRICT THE ISSUING OF PERMITS PROVIDED FOR IN THIS PART 2 BEYOND
11 THE PROVISIONS OF THIS PART 2. ANY ACTION OR RULE THAT ENCUMBERS
12 THE PERMIT PROCESS BY PLACING BURDENS ON THE APPLICANT BEYOND
13 THOSE SWORN STATEMENTS AND SPECIFIED DOCUMENTS DETAILED IN THIS
14 PART 2 OR THAT CREATES RESTRICTIONS BEYOND THOSE SPECIFIED IN THIS
15 PART 2 IS IN CONFLICT WITH THE INTENT OF THIS PART 2 AND IS
16 PROHIBITED.
17 18-12-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
18 CONTEXT OTHERWISE REQUIRES:
19 (1) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
20 WITHIN THE DEPARTMENT OF PUBLIC SAFETY.
21 (2) "HANDGUN" MEANS A HANDGUN AS DEFINED IN SECTION
22 18-12-101 (1) (e.5); EXCEPT THAT THE TERM DOES NOT INCLUDE A
23 MACHINE GUN AS DEFINED IN SECTION 18-12-101 (1) (g).
24 (3) "HANDGUN TRAINING CLASS" MEANS ANY HANDGUN SAFETY OR
25 TRAINING CLASS OR COURSE THAT:
26 (a) IS OFFERED BY A LAW ENFORCEMENT AGENCY; OR
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1 (b) IS OFFERED BY A JUNIOR COLLEGE, COLLEGE, OR UNIVERSITY
2 OR BY A PRIVATE OR PUBLIC INSTITUTION, ORGANIZATION, OR HANDGUN
3 TRAINING SCHOOL AND USES INSTRUCTORS OR CURRICULUM CERTIFIED BY
4 THE NATIONAL RIFLE ASSOCIATION OR BY THE PEACE OFFICERS STANDARDS
5 AND TRAINING BOARD; OR
6 (c) IS A CERTIFIED HUNTER SAFETY COURSE; OR
7 (d) IS A FIREARMS TRAINING COURSE PROVIDED FOR CERTIFICATION
8 OF FEDERAL LAW ENFORCEMENT OFFICERS.
9 (4) "PERMIT" MEANS A PERMIT TO CARRY A CONCEALED HANDGUN
10 ISSUED PURSUANT TO THE PROVISIONS OF THIS PART 2; EXCEPT THAT
11 "PERMIT" DOES NOT INCLUDE A TEMPORARY EMERGENCY PERMIT ISSUED
12 PURSUANT TO SECTION 18-12-208.
13 (5) "SHERIFF" MEANS THE SHERIFF OF A COUNTY, OR HIS OR HER
14 DESIGNEE, OR THE OFFICIAL WHO HAS THE DUTIES OF A SHERIFF IN A CITY
15 AND COUNTY, OR HIS OR HER DESIGNEE.
16 (6) "TRAINING CERTIFICATE" MEANS A CERTIFICATE, AFFIDAVIT, OR
17 OTHER DOCUMENT ISSUED BY THE INSTRUCTOR, SCHOOL, CLUB, OR
18 ORGANIZATION THAT CONDUCTS A HANDGUN TRAINING CLASS THAT
19 EVIDENCES AN APPLICANT'S SUCCESSFUL COMPLETION OF THE CLASS
20 REQUIREMENTS.
21 18-12-203. Criteria for obtaining a permit. (1) EFFECTIVE
22 [JULY] 1, 1999, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
23 SHERIFF SHALL ISSUE A PERMIT TO CARRY A CONCEALED HANDGUN TO ANY
24 APPLICANT WHO:
25 (a) IS TWENTY-ONE YEARS OF AGE OR OLDER;
26 (b) IS A LEGAL RESIDENT OF THE STATE OF COLORADO. FOR
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1 PURPOSES OF THIS PART 2, ANY PERSON WHO IS A MEMBER OF THE ARMED
2 FORCES AND IS STATIONED AT A MILITARY INSTALLATION IN THIS STATE,
3 AND ANY MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, SHALL BE
4 DEEMED TO BE A LEGAL RESIDENT OF THE STATE OF COLORADO.
5 (c) IS NOT INELIGIBLE TO POSSESS A FIREARM PURSUANT TO
6 SECTION 18-12-108;
7 (d) IS NOT INELIGIBLE TO POSSESS A FIREARM PURSUANT TO [THE
8 PROVISIONS OF 18 U.S.C. SEC. 922 (g) OR (n), WHICH PROVIDE THAT IT IS
9 UNLAWFUL FOR A PERSON TO POSSESS A FIREARM IF THE PERSON:]
10 (I) HAS BEEN CONVICTED IN ANY COURT OF A CRIME PUNISHABLE
11 BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR;
12 (II) IS UNDER INDICTMENT FOR [OR IS OTHERWISE CHARGED AS
13 PROVIDED IN SECTION 16-5-101, C.R.S., OR AS PROVIDED IN SIMILAR LAWS
14 OF ANOTHER STATE, WITH] A CRIME PUNISHABLE BY IMPRISONMENT FOR A
15 TERM EXCEEDING ONE YEAR;
16 (III) IS A FUGITIVE FROM JUSTICE;
17 (IV) IS AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED
18 SUBSTANCE, AS DEFINED IN SECTION 102 OF THE FEDERAL "CONTROLLED
19 SUBSTANCES ACT", 21 U.S.C. SEC. 802;
20 (V) HAS BEEN ADJUDICATED AS [AN INCAPACITATED PERSON
21 PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15, C.R.S., FOR REASONS OF
22 MENTAL ILLNESS OR MENTAL DEFICIENCY OR ON SIMILAR GROUNDS UNDER
23 THE LAWS OF ANOTHER JURISDICTION] OR HAS BEEN COMMITTED TO A
24 MENTAL INSTITUTION;
25 (VI) IS AN ALIEN AND IS ILLEGALLY OR UNLAWFULLY IN THE
26 UNITED STATES;
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1 (VII) HAS BEEN DISCHARGED FROM THE ARMED FORCES UNDER
2 DISHONORABLE CONDITIONS;
3 (VIII) HAS BEEN A CITIZEN OF THE UNITED STATES AND HAS
4 RENOUNCED HIS OR HER CITIZENSHIP;
5 (IX) IS SUBJECT TO A COURT ORDER THAT:
6 (A) WAS ISSUED AFTER A HEARING OF WHICH THE APPLICANT
7 RECEIVED ACTUAL NOTICE AND AT WHICH THE APPLICANT HAD AN
8 OPPORTUNITY TO PARTICIPATE;
9 (B) RESTRAINS THE APPLICANT FROM HARASSING, STALKING, OR
10 THREATENING AN INTIMATE PARTNER OF THE APPLICANT OR CHILD OF THE
11 INTIMATE PARTNER OR APPLICANT, OR ENGAGING IN OTHER CONDUCT THAT
12 WOULD PLACE THE INTIMATE PARTNER IN REASONABLE FEAR OF BODILY
13 INJURY TO THE INTIMATE PARTNER OR CHILD; AND
14 (C) INCLUDES A FINDING THAT THE APPLICANT REPRESENTS A
15 CREDIBLE THREAT TO THE PHYSICAL SAFETY OF THE INTIMATE PARTNER OR
16 CHILD OR BY ITS TERMS EXPLICITLY PROHIBITS THE USE, ATTEMPTED USE,
17 OR THREATENED USE OF PHYSICAL FORCE AGAINST THE INTIMATE PARTNER
18 OR CHILD THAT WOULD REASONABLY BE EXPECTED TO CAUSE BODILY
19 INJURY; OR
20 (X) HAS BEEN CONVICTED IN ANY COURT OF A MISDEMEANOR
21 CRIME INVOLVING DOMESTIC [VIOLENCE; EXCEPT THAT AN APPLICANT
22 SHALL NOT BE DEEMED INELIGIBLE TO POSSESS A FIREARM IF 18 U.S.C.
23 SEC. 922 (g) (9) IS REPEALED;]
24 (e) DOES NOT CHRONICALLY AND HABITUALLY USE ALCOHOLIC
25 BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES
26 ARE IMPAIRED. IT SHALL BE PRESUMED THAT AN APPLICANT CHRONICALLY
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1 AND HABITUALLY USES ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE
2 APPLICANT'S NORMAL FACULTIES ARE IMPAIRED IF THE APPLICANT HAS
3 BEEN COMMITTED AS AN ALCOHOLIC PURSUANT TO SECTION 25-1-308,
4 25-1-309, 25-1-310, OR 25-1-311, C.R.S., OR HAS HAD TWO OR MORE
5 ALCOHOL-RELATED CONVICTIONS OR REVOCATIONS UNDER SECTION
6 42-4-1301 (1) OR (2) OR 42-2-126, C.R.S., OR ANY LAW OF ANOTHER
7 STATE THAT HAS SIMILAR ELEMENTS, WITHIN THE [FOUR-YEAR] PERIOD
8 IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION
9 IS SUBMITTED; AND
10 (f) DEMONSTRATES COMPETENCE WITH A HANDGUN BY
11 SUBMITTING EITHER:
12 (I) A CERTIFICATE SHOWING HONORABLE DISCHARGE FROM
13 MILITARY SERVICE THAT REFLECTS PISTOL QUALIFICATIONS OBTAINED
14 WITHIN FIVE YEARS PRIOR TO THE DATE ON WHICH THE PERMIT
15 APPLICATION IS SUBMITTED; OR
16 (II) A TRAINING CERTIFICATE FROM A HANDGUN TRAINING CLASS.
17 THE APPLICANT SHALL SUBMIT THE ORIGINAL TRAINING CERTIFICATE OR
18 A PHOTOCOPY THEREOF THAT IS CERTIFIED BY A NOTARY PUBLIC AS TO ITS
19 ACCURACY.
20 [(2) REGARDLESS OF WHETHER THE APPLICANT MEETS THE CRITERIA
21 SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE SHERIFF MAY] [DENY,
22 REVOKE, OR REFUSE TO RENEW A PERMIT IF THE SHERIFF HAS EVIDENCE OF
23 PREVIOUS BEHAVIOR BY THE APPLICANT, DOCUMENTED IN EXISTING LAW
24 ENFORCEMENT RECORDS, THAT DEMONSTRATES PROBABLE CAUSE FOR AN
25 ARREST FOR COMMISSION OF ANY OF THE CRIMINAL ACTS SPECIFIED IN
26 SUBSECTION (1) OF THIS SECTION OR PROVIDES A BASIS FOR JUDICIAL
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1 ACTION WITH REGARD TO ANY OF THE PRECLUSIONS SPECIFIED IN
2 SUBSECTION (1) OF THIS SECTION.]
3 [(3)] THE SHERIFF SHALL DENY, REVOKE, OR REFUSE TO RENEW A
4 PERMIT IF AN APPLICANT OR A PERMITTEE FAILS TO MEET ANY OF THE
5 CRITERIA LISTED IN SUBSECTION (1) OF THIS SECTION. FOLLOWING
6 ISSUANCE OF A PERMIT, IF THE ISSUING SHERIFF HAS REASON TO BELIEVE
7 THAT A PERMITTEE NO LONGER MEETS THE CRITERIA SPECIFIED IN
8 SUBSECTION (1) OF THIS [SECTION OR THAT THERE IS EVIDENCE OF OTHER
9 BEHAVIOR AS DESCRIBED IN SUBSECTION (2) OF] [THIS SECTION,] THE SHERIFF
10 SHALL SUSPEND THE PERMIT UNTIL SUCH TIME AS THE MATTER IS
11 RESOLVED AND THE ISSUING SHERIFF DETERMINES THAT THE PERMITTEE IS
12 ELIGIBLE TO POSSESS A PERMIT AS PROVIDED IN THIS SECTION.
13 18-12-204. Contents of permits - validity - carrying
14 requirements. (1) EACH PERMIT SHALL DISPLAY THE SIGNATURE OF THE
15 SHERIFF WHO ISSUES THE PERMIT. A PERMIT IS VALID THROUGHOUT THE
16 STATE FOR A PERIOD OF FIVE YEARS AFTER THE DATE OF ISSUANCE AND
17 MAY BE RENEWED AS PROVIDED IN SECTION 18-12-210.
18 (2) ANY PERMITTEE, IN COMPLIANCE WITH THE TERMS OF A
19 PERMIT, MAY CARRY A CONCEALED HANDGUN NOTWITHSTANDING THE
20 PROVISIONS OF SECTION 18-12-105. THE PERMITTEE SHALL CARRY THE
21 PERMIT, TOGETHER WITH VALID PHOTO IDENTIFICATION, AT ALL TIMES
22 DURING WHICH THE PERMITTEE IS IN ACTUAL POSSESSION OF A CONCEALED
23 HANDGUN AND SHALL PRODUCE BOTH DOCUMENTS UPON DEMAND BY A
24 LAW ENFORCEMENT OFFICER. FAILURE TO PRODUCE A PERMIT UPON
25 DEMAND BY A LAW ENFORCEMENT OFFICER RAISES A REBUTTABLE
26 PRESUMPTION THAT THE PERSON DOES NOT HAVE A PERMIT. FAILURE TO
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1 CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON DEMAND AS
2 REQUIRED IN THIS SUBSECTION (2) IS A CLASS 2 MISDEMEANOR. A CHARGE
3 OF FAILURE TO CARRY AND PRODUCE A PERMIT AND IDENTIFICATION UPON
4 DEMAND PURSUANT TO THIS SUBSECTION (2) SHALL BE DISMISSED BY THE
5 COURT IF, AT OR BEFORE THE PERMITTEE'S SCHEDULED COURT
6 APPEARANCE, THE PERMITTEE EXHIBITS TO THE COURT A CURRENTLY
7 VALID PERMIT AND VALID IDENTIFICATION ISSUED TO THE PERMITTEE.
8 (3) (a) ANY PERSON WHO MAY LAWFULLY POSSESS A HANDGUN
9 MAY CARRY A HANDGUN UNDER THE FOLLOWING CIRCUMSTANCES
10 WITHOUT OBTAINING A PERMIT:
11 (I) THE HANDGUN, OR A PORTION OF THE HANDGUN, IS
12 SUFFICIENTLY VISIBLE THAT A REASONABLE PERSON IS ABLE TO DISCERN
13 THAT IT IS A HANDGUN, INCLUDING, BUT NOT LIMITED TO, A HANDGUN IN
14 A HOLSTER THAT IS WORN OUTSIDE THE BEARER'S CLOTHING; OR
15 (II) THE HANDGUN IS IN A CASE, COVER, OR ENCLOSURE DESIGNED
16 SPECIFICALLY FOR CARRYING, COVERING, OR PROTECTING THE HANDGUN
17 AND SUCH CASE, COVER, OR ENCLOSURE IS NOT FASTENED TO THE PERSON
18 OR THE CLOTHING OF THE PERSON CARRYING THE HANDGUN; OR
19 (III) THE HANDGUN IS IN THE POSSESSION OF A PERSON WHO IS IN
20 A PRIVATE AUTOMOBILE OR IN SOME OTHER PRIVATE MEANS OF
21 CONVEYANCE AND WHO CARRIES THE HANDGUN FOR ANY LEGAL USE,
22 INCLUDING SELF-DEFENSE, OR FOR TRANSPORTATION TO AND FROM ANY
23 OTHER LEGAL ACTIVITY, INCLUDING BUT NOT LIMITED TO TARGET
24 SHOOTING OR HUNTING.
25 (b) THE PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE
26 CONSTRUED TO AUTHORIZE THE CARRYING OF A HANDGUN IN VIOLATION
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1 OF THE PROVISIONS OF SECTION 18-12-105 OR 18-12-105.5.
2 18-12-205. Sheriff - application - procedure - background
3 check - information confidential. (1) (a) TO OBTAIN A PERMIT, A
4 PERSON SHALL SUBMIT A PERMIT APPLICATION ON A STATEWIDE
5 STANDARDIZED FORM DEVELOPED BY THE SHERIFFS AND AVAILABLE FROM
6 THE SHERIFF OF ANY COUNTY OR CITY AND COUNTY. THE PERMIT
7 APPLICATION FORM SHALL SOLICIT ONLY THE FOLLOWING INFORMATION
8 FROM THE APPLICANT:
9 (I) THE APPLICANT'S FULL [NAME, DATE OF BIRTH, AND ADDRESS;]
10 (II) WHETHER THE APPLICANT IS A RESIDENT OF THIS STATE, AS OF
11 THE DATE OF APPLICATION, AND WHETHER THE APPLICANT HAS A VALID
12 DRIVER'S LICENSE OR OTHER STATE- OR MILITARY-ISSUED PHOTO
13 IDENTIFICATION PROVING SUCH RESIDENCE; AND
14 (III) WHETHER THE APPLICANT MEETS THE CRITERIA FOR
15 OBTAINING A PERMIT SPECIFIED IN SECTION 18-12-203 (1).
16 (b) THE PERMIT APPLICATION FORM SHALL NOT REQUIRE ANY
17 WAIVER OR RELEASE BY THE APPLICANT OF ANY RIGHT OR PRIVILEGE,
18 INCLUDING, BUT NOT LIMITED TO, THE WAIVER OR RELEASE OF ANY
19 PRIVILEGED OR CONFIDENTIAL INFORMATION CONTAINED IN MEDICAL
20 RECORDS.
21 (c) THE PERMIT APPLICATION FORM SHALL NOT REQUIRE ANY
22 INFORMATION FROM THE APPLICANT CONCERNING ANY WEAPONS,
23 INCLUDING BUT NOT LIMITED TO HANDGUNS, OWNED OR POSSESSED BY THE
24 APPLICANT.
25 (d) IN PROVIDING PERMIT APPLICATION FORMS , THE SHERIFF SHALL
26 ALSO PROVIDE COPIES OF PART 7 OF ARTICLE 1 OF THIS TITLE CONCERNING
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1 THE USE OF DEADLY PHYSICAL FORCE, AS THAT TERM IS DEFINED IN
2 SECTION 18-1-901 (3) (d), BY PERSONS USING HANDGUNS IN
3 CIRCUMSTANCES UNDER WHICH FORCE IS JUSTIFIED.
4 (2) (a) AN APPLICANT SHALL COMPLETE THE PERMIT APPLICATION
5 FORM AND RETURN IT, IN PERSON, TO THE SHERIFF OF THE COUNTY OR CITY
6 AND COUNTY IN WHICH THE APPLICANT RESIDES. THE APPLICANT SHALL
7 SIGN THE COMPLETED PERMIT APPLICATION FORM IN PERSON BEFORE THE
8 SHERIFF. THE SIGNATURE SHALL BE GIVEN VOLUNTARILY UPON A SWORN
9 OATH THAT THE APPLICANT KNOWS THE CONTENTS OF THE PERMIT
10 APPLICATION AND THAT THE INFORMATION CONTAINED IN THE PERMIT
11 APPLICATION IS TRUE AND CORRECT. ANY APPLICANT WHO KNOWINGLY
12 AND INTENTIONALLY MAKES ANY FALSE OR MISLEADING STATEMENT ON A
13 PERMIT APPLICATION COMMITS PERJURY AS DEFINED IN SECTION
14 18-8-503.7. UPON CONVICTION, SAID APPLICANT SHALL BE PUNISHED AS
15 PROVIDED IN SECTION 18-1-106. IN ADDITION, SAID APPLICANT SHALL BE
16 DENIED THE RIGHT TO OBTAIN OR POSSESS A PERMIT, AND THE SHERIFF
17 SHALL REVOKE SAID APPLICANT'S PERMIT IF ISSUED PRIOR TO CONVICTION.
18 (b) THE APPLICANT SHALL ALSO SUBMIT TO THE SHERIFF A PERMIT
19 FEE NOT TO EXCEED ONE HUNDRED DOLLARS FOR PROCESSING THE PERMIT
20 APPLICATION. THE SHERIFF SHALL SET THE AMOUNT OF THE PERMIT FEE AS
21 PROVIDED IN SUBSECTION (5) OF THIS SECTION. THE PERMIT FEE SHALL
22 NOT BE REFUNDABLE IN THE EVENT THE SHERIFF DENIES THE APPLICANT'S
23 PERMIT APPLICATION OR SUSPENDS OR REVOKES THE PERMIT SUBSEQUENT
24 TO ISSUANCE.
25 (3) IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2) OF
26 THIS SECTION, THE APPLICANT, WHEN SUBMITTING THE COMPLETED PERMIT
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1 APPLICATION, SHALL SUBMIT TO THE SHERIFF DOCUMENTARY EVIDENCE
2 DEMONSTRATING COMPETENCE WITH A HANDGUN AS SPECIFIED IN SECTION
3 18-12-203 (1) (f).
4 (4) (a) THE SHERIFF SHALL WITNESS THE APPLICANT'S SIGNATURE
5 ON THE PERMIT APPLICATION AS PROVIDED IN SUBSECTION (2) OF THIS
6 SECTION AND VERIFY THAT THE PERSON MAKING APPLICATION FOR A
7 PERMIT IS THE SAME PERSON WHO SIGNED THE PERMIT APPLICATION FORM.
8 TO VERIFY THE APPLICANT'S IDENTITY, THE APPLICANT SHALL PRESENT TO
9 THE SHERIFF THE APPLICANT'S VALID COLORADO DRIVER'S LICENSE OR
10 VALID COLORADO OR MILITARY PHOTO IDENTIFICATION.
11 (b) AFTER RECEIPT OF A PERMIT APPLICATION AND THE ITEMS
12 SPECIFIED IN THIS SECTION, THE SHERIFF SHALL CONDUCT A SEARCH OF THE
13 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO VERIFY
14 THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION
15 18-12-203 [(1) AND TO DETERMINE] [WHETHER THERE IS EVIDENCE OF OTHER
16 BEHAVIOR AS DESCRIBED IN SECTION 18-12-203 (2).]
17 (5) THE SHERIFF IN EACH COUNTY OR CITY AND COUNTY IN THE
18 STATE SHALL ESTABLISH THE AMOUNT OF THE NEW AND RENEWAL PERMIT
19 FEES WITHIN HIS OR HER JURISDICTION. THE AMOUNT OF THE NEW AND
20 RENEWAL PERMIT FEES SHALL COMPLY WITH THE LIMITS SPECIFIED IN
21 PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION AND SECTION
22 18-12-210 (1), RESPECTIVELY. THE FEE AMOUNTS SHALL REFLECT THE
23 ACTUAL DIRECT AND INDIRECT COSTS TO THE SHERIFF OF PROCESSING
24 PERMIT APPLICATIONS AND RENEWAL APPLICATIONS PURSUANT TO THIS
25 PART 2.
26 (6) THE SHERIFF SHALL MAINTAIN THE CONFIDENTIALITY OF ALL
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1 [PERSONALLY] IDENTIFYING INFORMATION REGARDING PERSONS WHO
2 RECEIVE PERMITS PURSUANT TO THIS PART 2, AND SUCH INFORMATION
3 SHALL NOT BE AVAILABLE TO THE PUBLIC PURSUANT TO PART 2 OF ARTICLE
4 72 OF TITLE 24, C.R.S., COMMONLY KNOWN AS THE "OPEN RECORDS
5 ACT". [THE SHERIFF, UPON REQUEST, SHALL MAKE AVAILABLE
6 NONIDENTIFYING STATISTICAL INFORMATION CONCERNING THE ISSUANCE
7 OF PERMITS.]
8 18-12-206. Sheriff - issuance or denial of permits. (1) WITHIN
9 THIRTY DAYS AFTER THE DATE OF RECEIPT OF THE ITEMS SPECIFIED IN
10 SECTION 18-12-205, THE SHERIFF SHALL:
11 (a) APPROVE THE PERMIT APPLICATION AND ISSUE THE PERMIT; OR
12 (b) DENY THE PERMIT APPLICATION BASED SOLELY ON THE
13 [GROUNDS] THAT THE APPLICANT FAILS TO QUALIFY UNDER THE CRITERIA
14 LISTED IN SECTION 18-12-203 [(1) OR THAT] [THERE IS EVIDENCE OF OTHER
15 BEHAVIOR AS DESCRIBED IN SECTION 18-12-203 (2).] IF THE SHERIFF
16 DENIES THE PERMIT APPLICATION, HE OR SHE SHALL NOTIFY THE APPLICANT
17 IN WRITING, [STATING THE GROUNDS FOR DENIAL AND INFORMING THE
18 APPLICANT OF THE PROCEDURE FOR APPEAL OF THE DENIAL.
19 (2) (a) ANY APPLICANT WHO SEEKS REVIEW OF A PERMIT DENIAL
20 SHALL INITIALLY REQUEST A REVIEW BY THE SHERIFF WHO DENIED THE
21 PERMIT. THE APPLICANT SHALL SUBMIT A WRITTEN REQUEST FOR REVIEW
22 TO THE SHERIFF WITHIN FORTY-FIVE DAYS AFTER THE APPLICANT RECEIVED
23 NOTICE OF DENIAL. THE APPLICANT MAY APPLY FOR AN EXTENSION OF THE
24 TIME TO REQUEST REVIEW BASED ON GOOD CAUSE SHOWN.
25 (b) EACH SHERIFF SHALL ADOPT PROCEDURES UNDER WHICH THE
26 SHERIFF, AND NOT A DESIGNEE, REVIEWS A PERMIT DENIAL. THE
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1 APPLICANT SHALL COMPLY WITH THE REVIEW PROCEDURES ADOPTED BY
2 THE SHERIFF PRIOR TO SEEKING JUDICIAL REVIEW OF THE PERMIT DENIAL.
3 (c) IF, AFTER REVIEW, THE SHERIFF AGAIN DENIES THE PERMIT, THE
4 APPLICANT MAY SEEK JUDICIAL REVIEW OF THE PERMIT DENIAL. IF,
5 FOLLOWING JUDICIAL REVIEW, THE COURT FINDS THAT THE SHERIFF HAS
6 BEEN UNREASONABLE OR HAS NOT COMPLIED WITH THE REQUIREMENTS OF
7 THIS PART 2 AND ORDERS THE SHERIFF TO ISSUE THE PERMIT, THE COURT
8 MAY ALSO ORDER THE SHERIFF TO PAY ALL REASONABLE LEGAL COSTS,
9 INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, INCURRED BY THE
10 APPLICANT IN SEEKING JUDICIAL REVIEW.]
11 18-12-207. Colorado bureau of investigation - duties. THE
12 BUREAU SHALL MAINTAIN AN AUTOMATED LISTING OF THE STATES WHOSE
13 PERMITS ARE ENTITLED TO RECIPROCITY UNDER SECTION 18-12-212. THE
14 AUTOMATED LISTING SHALL BE AVAILABLE ON-LINE TO ALL LAW
15 ENFORCEMENT AGENCIES THROUGH THE COLORADO CRIME INFORMATION
16 CENTER.
17 18-12-208. Issuance by sheriffs of temporary emergency
18 permits. (1) NOTWITHSTANDING ANY PROVISIONS OF THIS PART 2 TO THE
19 CONTRARY, A SHERIFF SHALL ISSUE A TEMPORARY EMERGENCY PERMIT TO
20 CARRY A CONCEALED HANDGUN TO ANY PERSON RESIDING IN THE
21 SHERIFF'S JURISDICTION WHO APPLIES PURSUANT TO THIS SECTION AND
22 WHO THE SHERIFF HAS REASON TO BELIEVE MAY BE IN IMMEDIATE DANGER.
23 (2) TO RECEIVE A TEMPORARY EMERGENCY PERMIT, A PERSON
24 SHALL SUBMIT TO THE SHERIFF OF THE COUNTY OR CITY AND COUNTY IN
25 WHICH THE PERSON RESIDES THE ITEMS SPECIFIED IN SECTION 18-12-205;
26 EXCEPT THAT AN APPLICANT FOR A TEMPORARY EMERGENCY PERMIT NEED
Page 16
1 NOT SUBMIT DOCUMENTARY EVIDENCE DEMONSTRATING COMPETENCE
2 WITH A HANDGUN AS REQUIRED UNDER SECTION 18-12-205 (3), AND THE
3 APPLICANT SHALL SUBMIT A TEMPORARY PERMIT FEE NOT TO EXCEED
4 TWENTY-FIVE DOLLARS, AS SET BY THE SHERIFF. UPON RECEIPT OF SAID
5 DOCUMENTS, THE SHERIFF SHALL CONDUCT A SEARCH OF THE NATIONAL
6 INSTANT CRIMINAL BACKGROUND CHECK SYSTEM AND SHALL ISSUE A
7 TEMPORARY EMERGENCY PERMIT TO THE APPLICANT IF THE SEARCH SHOWS
8 THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION
9 18-12-203 (1). ANY TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT
10 TO THIS SECTION SHALL BE VALID FOR A PERIOD OF NINETY DAYS AFTER
11 THE DATE OF ISSUANCE AND MAY BE RENEWED BY THE ISSUING SHERIFF
12 ONCE WITHIN TEN DAYS AFTER EXPIRATION FOR AN ADDITIONAL PERIOD OF
13 NINETY DAYS. THE AMOUNT PAID FOR ISSUANCE OF A TEMPORARY
14 EMERGENCY PERMIT SHALL BE DEDUCTED FROM THE FEE FOR ISSUANCE OF
15 A REGULAR PERMIT IF THE APPLICANT APPLIES FOR A REGULAR PERMIT
16 PRIOR TO EXPIRATION OF THE TEMPORARY EMERGENCY PERMIT.
17 18-12-209. Maintenance of permit - address change - invalidity
18 of permit. (1) WITHIN THIRTY DAYS AFTER A PERMITTEE CHANGES HIS OR
19 HER PERMANENT ADDRESS OR WITHIN THREE BUSINESS DAYS AFTER HIS OR
20 HER PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMITTEE SHALL
21 NOTIFY THE ISSUING SHERIFF OF THE CHANGE OF ADDRESS OR PERMIT LOSS,
22 THEFT, OR DESTRUCTION.
23 (2) IF A PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMIT IS
24 AUTOMATICALLY INVALID. THE PERSON TO WHOM THE PERMIT WAS ISSUED
25 MAY OBTAIN A DUPLICATE OR SUBSTITUTE THEREFOR UPON PAYMENT OF
26 FIFTEEN DOLLARS TO THE ISSUING SHERIFF AND UPON SUBMISSION OF A
Page 17
1 NOTARIZED STATEMENT TO THE ISSUING SHERIFF THAT THE PERMIT HAS
2 BEEN LOST, STOLEN, OR DESTROYED.
3 18-12-210. Renewal of permits. (1) WITHIN NINETY DAYS PRIOR
4 TO EXPIRATION OF THE PERMIT, THE PERMITTEE MAY OBTAIN A RENEWAL
5 FORM FROM THE ISSUING SHERIFF AND RENEW THE PERMIT BY SUBMITTING
6 TO THE ISSUING SHERIFF A COMPLETED RENEWAL FORM, A NOTARIZED
7 AFFIDAVIT STATING THAT THE PERMITTEE REMAINS QUALIFIED PURSUANT
8 TO THE CRITERIA SPECIFIED IN SECTION 18-12-203 (1), AND THE REQUIRED
9 RENEWAL FEE NOT TO EXCEED FIFTY DOLLARS, AS SET BY THE SHERIFF
10 PURSUANT TO SECTION 18-12-205 (5). UPON RECEIPT OF THE PERMIT
11 RENEWAL DOCUMENTS, THE SHERIFF SHALL VERIFY PURSUANT TO SECTION
12 18-12-205 (4) (b) THAT THE PERMITTEE MEETS THE CRITERIA SPECIFIED IN
13 SECTION 18-12-203 (1) [AND DETERMINE WHETHER] [THERE IS EVIDENCE OF
14 OTHER BEHAVIOR AS PROVIDED IN SECTION] [18-12-203 (2)] AND SHALL
15 EITHER RENEW OR DENY THE RENEWAL OF THE PERMIT IN ACCORDANCE
16 WITH THE PROVISIONS OF SECTION 18-12-206 (1). IF THE SHERIFF FAILS TO
17 EITHER RENEW OR DENY THE RENEWAL OF A PERMIT PRIOR TO THE
18 EXPIRATION DATE, THE PERMIT SHALL BE DEEMED TO REMAIN VALID UNTIL
19 THE PERMITTEE RECEIVES NOTICE OF RENEWAL OR NOTICE THAT RENEWAL
20 OF THE PERMIT IS DENIED.
21 (2) A PERMITTEE WHO FAILS TO FILE A RENEWAL FORM ON OR
22 BEFORE THE PERMIT EXPIRATION DATE MAY RENEW THE PERMIT BY PAYING
23 A LATE FEE OF FIFTEEN DOLLARS IN ADDITION TO THE RENEWAL FEE
24 ESTABLISHED PURSUANT TO SUBSECTION (1) OF THIS SECTION. NO PERMIT
25 SHALL BE RENEWED SIX MONTHS OR MORE AFTER ITS EXPIRATION DATE,
26 AND THE PERMIT SHALL BE DEEMED TO HAVE PERMANENTLY EXPIRED. A
Page 18
1 PERSON WHOSE PERMIT HAS PERMANENTLY EXPIRED MAY REAPPLY FOR A
2 PERMIT, BUT THE PERSON SHALL SUBMIT AN APPLICATION FOR A PERMIT
3 AND THE FEE REQUIRED PURSUANT TO SECTION 18-12-205. A PERSON WHO
4 KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING
5 INFORMATION REQUIRED UNDER THIS SECTION IS SUBJECT TO CRIMINAL
6 PROSECUTION FOR PERJURY UNDER SECTION 18-8-503.7.
7 18-12-211. Exemption. (1) THIS PART 2 SHALL NOT APPLY TO
8 PEACE OFFICERS, LEVELS I AND Ia, AS DEFINED IN SECTION 18-1-901 (3) (l)
9 (I) AND (3) (l) (II), AND FEDERAL OFFICERS WHOSE DUTIES ARE
10 COMPARABLE TO THOSE PERFORMED BY PEACE OFFICERS, LEVELS I AND Ia.
11 IN ADDITION, THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVEL II,
12 AS DEFINED IN SECTION 18-1-901 (3) (l) (III), WHILE ON DUTY.
13 (2) THIS PART 2 SHALL NOT APPLY TO LAW ENFORCEMENT
14 OFFICERS EMPLOYED BY JURISDICTIONS OUTSIDE THIS STATE, SO LONG AS
15 THE FOREIGN EMPLOYING JURISDICTION EXEMPTS PEACE OFFICERS
16 EMPLOYED BY JURISDICTIONS WITHIN COLORADO FROM ANY CONCEALED
17 HANDGUN OR CONCEALED WEAPONS LAWS IN EFFECT IN THE FOREIGN
18 EMPLOYING JURISDICTION.
19 (3) THIS PART 2 SHALL NOT APPLY TO ANY RETIRED PEACE OFFICER,
20 LEVEL I OR Ia, AS DEFINED IN SECTION 18-1-901 (3) (l) (I) AND (3) (l) (II),
21 WITHIN THE FIRST FIVE YEARS AFTER RETIREMENT SO LONG AS THE
22 RETIRED PEACE OFFICER HAS A LETTER SIGNED BY HIS OR HER LAST
23 COMMANDING OFFICER ATTESTING THAT THE RETIRED OFFICER MEETS THE
24 CRITERIA SPECIFIED IN SECTION 18-12-203 (1).
25 18-12-212. Reciprocity. ANY PERMIT TO CARRY A CONCEALED
26 HANDGUN OR A CONCEALED WEAPON THAT IS ISSUED BY A STATE THAT
Page 19
1 RECOGNIZES THE VALIDITY OF PERMITS ISSUED PURSUANT TO THIS PART 2
2 [AND THAT IS HELD BY A PERSON WHO IS NOT A FULL-TIME RESIDENT OF
3 COLORADO] SHALL BE VALID IN THIS STATE IN ALL RESPECTS AS A PERMIT
4 ISSUED PURSUANT TO THIS PART 2.
5 18-12-213. Restrictions on carrying concealed handguns. [(1)]
6 A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT AUTHORIZE ANY
7 PERSON TO CARRY A CONCEALED HANDGUN INTO ANY PLACE WHERE THE
8 CARRYING OF FIREARMS IS PROHIBITED BY FEDERAL LAW.
9 [(2) A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT
10 AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN INTO ANY
11 ELEMENTARY, MIDDLE, JUNIOR, OR HIGH SCHOOL UNLESS THE HANDGUN
12 IS CARRIED BY OR AUTHORIZED BY THE PRINCIPAL OF THE SCHOOL OR THE
13 HANDGUN IS FOR USE IN A SPORTING EVENT, A SANCTIONED
14 EXTRA-CURRICULAR ACTIVITY, OR A COURSE OR CLASS HELD AT THE
15 SCHOOL. THE PROHIBITION SPECIFIED IN THIS SUBSECTION (2) SHALL
16 APPLY ONLY TO THE ACTUAL SCHOOL BUILDING AND SHALL NOT APPLY TO
17 THE AREA SURROUNDING THE SCHOOL BUILDING. THE SCHOOL DISTRICT
18 OR PRIVATE SCHOOL THAT OWNS OR OCCUPIES THE SCHOOL BUILDING
19 SHALL ENSURE THAT SIGNS ARE POSTED AT EACH ENTRANCE TO THE
20 SCHOOL BUILDING NOTIFYING PERSONS THAT CARRYING A CONCEALED
21 HANDGUN WITHIN THE SCHOOL BUILDING IS PROHIBITED PURSUANT TO THIS
22 SUBSECTION (2).]
23 18-12-214. Immunity. (1) ANY LOCAL LAW ENFORCEMENT
24 AGENCY AND ANY INDIVIDUAL EMPLOYED BY A LOCAL LAW ENFORCEMENT
25 AGENCY SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT
26 FROM GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS PART 2.
Page 20
1 (2) ANY LAW ENFORCEMENT OFFICER OR AGENCY, ANY MEDICAL
2 PERSONNEL, AND ANY ORGANIZATION THAT OFFERS HANDGUN TRAINING
3 CLASSES AND ITS PERSONNEL WHO IN GOOD FAITH PROVIDE INFORMATION
4 REGARDING AN APPLICANT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT
5 MAY RESULT FROM ISSUANCE OR DENIAL OF A PERMIT.
6 18-12-215. Permits issued prior to July 1, 1999. ANY PERMIT
7 ISSUED PURSUANT TO SECTION 18-12-105.1, AS IT EXISTED PRIOR TO JULY
8 1, 1999, SHALL PERMANENTLY EXPIRE ON JUNE 30, 2000, OR ON ANY
9 EXPIRATION DATE SPECIFIED ON THE PERMIT, WHICHEVER OCCURS FIRST.
10 ANY PERSON HOLDING ONE OF SAID PERMITS MAY APPLY FOR A NEW
11 PERMIT AS PROVIDED IN THIS PART 2.
12 SECTION 2. Repeal. 18-12-105.1, Colorado Revised Statutes,
13 is repealed.
14 SECTION 3. Part 5 of article 8 of title 18, Colorado Revised
15 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
16 read:
17 18-8-503.7. Perjury on an application for a written permit to
18 carry a concealed handgun. (1) A PERSON COMMITS PERJURY IF HE OR
19 SHE KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING
20 INFORMATION REQUIRED ON AN APPLICATION FOR A WRITTEN PERMIT TO
21 CARRY A CONCEALED HANDGUN PURSUANT TO SECTION 18-12-205 OR
22 KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING
23 INFORMATION REQUIRED ON AN APPLICATION FOR RENEWAL OF A WRITTEN
24 PERMIT TO CARRY A CONCEALED HANDGUN PURSUANT TO SECTION
25 18-12-210.
26 (2) PERJURY AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION IS
Page 21
1 A CLASS 2 MISDEMEANOR.
2 [ SECTION 4. The introductory portion to 18-12-105 (2) and
3 18-12-105 (2) (c), Colorado Revised Statutes, are amended to read:
4 18-12-105. Unlawfully carrying a concealed weapon - unlawful
5 possession of weapons. (2) It shall be an affirmative defense that the
6 NOT BE AN OFFENSE UNDER THIS SECTION IF THE defendant was:
7 (c) A person who, prior to AT the time of carrying a concealed
8 weapon, has been issued a HELD A VALID written permit TO CARRY A
9 CONCEALED WEAPON ISSUED pursuant to section 18-12-105.1, to carry the
10 weapon by the chief of police of a city or city and county, or the sheriff
11 of a county AS IT EXISTED PRIOR TO JULY 1, 1999, OR, IF THE WEAPON
12 INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A
13 CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE; or]
14 [ ]
15 SECTION 5. 18-12-105.5 (3) (d), Colorado Revised Statutes, is
16 amended to read:
17 18-12-105.5. Unlawfully carrying a weapon - unlawful
18 possession of weapons - school, college, or university grounds. (3) It
19 shall not be an offense under this section if:
20 (d) The person, prior to AT the time of carrying a concealed
21 weapon, has been issued a HELD A VALID written permit TO CARRY A
22 CONCEALED WEAPON ISSUED pursuant to section 18-12-105.1, to carry the
23 weapon by the chief of police of a city or city and county or the sheriff
24 of a county AS IT EXISTED PRIOR TO JULY 1, 1999, OR, IF THE WEAPON
25 INVOLVED WAS A HANDGUN, HELD A VALID PERMIT TO CARRY A
26 CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE; or
Page 22
1 SECTION 6. 18-12-106 (1) (d), Colorado Revised Statutes, is
2 amended to read:
3 18-12-106. Prohibited use of weapons. (1) A person commits
4 a class 2 misdemeanor if:
5 (d) He THE PERSON has in his OR HER possession a firearm while
6 he THE PERSON is under the influence of intoxicating liquor or of a
7 controlled substance, as defined in section 12-22-303 (7), C.R.S.
8 Possession of a permit issued under section 18-12-105.1, AS IT EXISTED
9 PRIOR TO JULY 1, 1999, OR POSSESSION OF A PERMIT ISSUED PURSUANT TO
10 PART 2 OF THIS ARTICLE is no defense to a violation of this subsection (1).
11 SECTION 7. 24-33.5-412 (1) (o), Colorado Revised Statutes, is
12 amended to read:
13 24-33.5-412. Functions of bureau - legislative review. (1) The
14 bureau has the following authority:
15 (o) When requested by a police chief or sheriff, to conduct a
16 criminal history check of an applicant for a permit to carry a concealed
17 weapon, including processing of fingerprints, as provided in section
18 18-12-105.1 (2), C.R.S. TO CARRY OUT THE DUTIES SET FORTH IN PART 2
19 OF ARTICLE 12 OF TITLE 18, C.R.S.
20 SECTION 8. 30-10-523, Colorado Revised Statutes, is amended
21 to read:
22 30-10-523. Sheriff - permits for concealed handguns. The
23 sheriff of each county may AND THE OFFICIAL WHO HAS THE DUTIES OF A
24 SHERIFF IN EACH CITY AND COUNTY SHALL issue written permits to carry
25 concealed weapons. Any such permit shall be issued in accordance with
26 section 18-12-105.1, C.R.S. HANDGUNS AS PROVIDED IN PART 2 OF
Page 23
1 ARTICLE 12 OF TITLE 18, C.R.S.
2 SECTION 9. Repeal. 31-4-112.1, Colorado Revised Statutes, is
3 repealed as follows:
4 31-4-112.1. Chief of police - permits for concealed handguns.
5 The chief of police of a city or city and county may issue written permits
6 to carry concealed weapons. Any such permit shall be issued in
7 accordance with section 18-12-105.1, C.R.S.
8 [SECTION 10. Article 20 of title 13, Colorado Revised Statutes,
9 is amended BY THE ADDITION OF A NEW PART to read:
10 PART 8
11 ACTIONS AGAINST FIREARMS OR AMMUNITION
12 MANUFACTURERS, DEALERS, OR TRADE ASSOCIATIONS
13 13-20-801. Legislative declaration. THE GENERAL ASSEMBLY
14 HEREBY FINDS THAT THE LAWFUL DESIGN, MARKETING, OR MANUFACTURE
15 OF FIREARMS AND AMMUNITION AND THE LAWFUL SALE OF FIREARMS AND
16 AMMUNITION TO THE PUBLIC IS NOT AN UNREASONABLY DANGEROUS
17 ACTIVITY AND DOES NOT CONSTITUTE A NUISANCE PER SE.
18 13-20-802. Authority to sue. (1) THE AUTHORITY TO BRING SUIT
19 AND THE RIGHT TO RECOVER AGAINST ANY FIREARMS OR AMMUNITION
20 MANUFACTURER OR DEALER OR AGAINST ANY FIREARMS TRADE
21 ASSOCIATION BY OR ON BEHALF OF ANY POLITICAL SUBDIVISION WITHIN
22 THE STATE, WHETHER STATUTORY OR HOME-RULE, OR ANY DEPARTMENT,
23 AGENCY, OR SUBDIVISION THEREOF, FOR DAMAGES, ABATEMENT, OR
24 INJUNCTIVE RELIEF RESULTING FROM OR RELATING TO THE LAWFUL
25 DESIGN, MANUFACTURE, MARKETING, OR SALE OF FIREARMS OR
26 AMMUNITION TO THE PUBLIC SHALL BE RESERVED EXCLUSIVELY TO THE
Page 24
1 STATE. ANY SUCH SUIT MAY BE BROUGHT ONLY AFTER SPECIFIC
2 AUTHORIZATION BY RESOLUTION PASSED BY THE GENERAL ASSEMBLY.]
3 [ (2) THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION SHALL
4 NOT BE CONSTRUED TO PROHIBIT THE STATE OR A POLITICAL SUBDIVISION
5 FROM BRINGING AN ACTION AGAINST A FIREARMS OR AMMUNITION
6 MANUFACTURER OR DEALER FOR BREACH OF CONTRACT OR WARRANTY AS
7 TO FIREARMS OR AMMUNITION PURCHASED BY THE STATE OR THE
8 POLITICAL SUBDIVISION. A SUIT BROUGHT BY THE STATE PURSUANT TO
9 THIS SUBSECTION (2) SHALL NOT REQUIRE THE PRIOR AUTHORIZATION OF
10 THE GENERAL ASSEMBLY.
11 SECTION 11. Article 12 of title 18, Colorado Revised Statutes,
12 is amended BY THE ADDITION OF A NEW SECTION to read:
13 18-12-111. Limitation on local ordinances regarding firearms
14 - legislative declaration. (1) (a) THE GENERAL ASSEMBLY HEREBY FINDS
15 THAT:
16 (I) THERE EXISTS A WIDESPREAD INCONSISTENCY AMONG
17 JURISDICTIONS WITHIN THE STATE WITH REGARD TO FIREARMS
18 REGULATIONS;
19 (II) THIS INCONSISTENCY CREATES A CONFUSING AND
20 UNENFORCEABLE PATCHWORK OF LAWS THAT UNFAIRLY SUBJECTS A
21 CITIZEN WHO LAWFULLY POSSESSES A FIREARM IN ONE JURISDICTION TO
22 CRIMINAL PENALTIES BECAUSE HE OR SHE TRAVELS INTO ANOTHER
23 JURISDICTION;
24 (III) THIS INCONSISTENCY PLACES CITIZENS IN THE POSITION OF
25 NOT KNOWING WHEN THEY MAY BE VIOLATING THE LOCAL LAWS AND
26 THEREFORE BEING UNABLE TO AVOID COMMITTING CRIME.
Page 25
1 (b) BASED ON THE FINDINGS SPECIFIED IN PARAGRAPH (a) OF THIS
2 SUBSECTION (1), THE GENERAL ASSEMBLY CONCLUDES THAT:
3 (I) THE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE
4 CONCERN;
5 (II) IT IS NECESSARY TO PROVIDE STATEWIDE LAWS CONCERNING
6 THE OWNERSHIP, POSSESSION, CARRYING, USE, OR TRANSFERRING OF A
7 FIREARM TO ENSURE THAT LAW-ABIDING PERSONS ARE NOT UNFAIRLY
8 PLACED IN THE POSITION OF UNKNOWINGLY COMMITTING CRIMES
9 INVOLVING FIREARMS.
10 (2) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO
11 MUNICIPALITY, COUNTY, OR CITY AND COUNTY SHALL HAVE THE
12 AUTHORITY TO ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD
13 RESTRICT A PERSON'S ABILITY TO OWN, POSSESS, CARRY, USE, OR
14 TRANSFER A FIREARM TO A GREATER EXTENT THAN THE PERSON'S ABILITY
15 TO OWN, POSSESS, CARRY, USE, OR TRANSFER A FIREARM IS RESTRICTED BY
16 STATE STATUTE.
17 (b) ANY ORDINANCE OR RESOLUTION THAT IMPOSES OR OTHERWISE
18 RESULTS IN A GREATER PENALTY FOR VIOLATION OF SAID ORDINANCE OR
19 RESOLUTION THAN WOULD BE IMPOSED FOR OR RESULT FROM VIOLATION
20 OF A COMPARABLE STATE STATUTE SHALL BE DEEMED TO BE A GREATER
21 RESTRICTION THAN THAT IMPOSED BY STATE STATUTE.
22 (3) ANY ORDINANCE OR RESOLUTION PASSED PRIOR TO THE
23 EFFECTIVE DATE OF THIS SECTION THAT VIOLATES THE PROVISIONS OF THIS
24 SECTION SHALL BE DEEMED UNAUTHORIZED AND THEREFORE
25 UNENFORCEABLE AS TO EVENTS OCCURRING ON OR AFTER THE EFFECTIVE
26 DATE OF THIS SECTION.]
Page 26
1 SECTION [12.] Effective date - applicability. This act shall take
2 effect July 1, 1999. Sections 3, 4, 5, and 6 of this act shall apply to
3 offenses committed on or after said date.
4 SECTION [13.] Safety clause. The general assembly hereby
5 finds, determines, and declares that this act is necessary for the immediate
6 preservation of the public peace, health, and safety.