First Regular Session
Sixty-second General Assembly
LLS NO. 99-0199.01 Beth Braby SENATE BILL 99-053
STATE OF COLORADO
BY SENATOR Pascoe
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING PREVENTION OF JUVENILE ACCESS TO LOADED HANDGUNS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Prohibits unsafe storage of a loaded handgun by any person in
control of a premises when that person knows or reasonably should know
that a juvenile is likely to gain access to the handgun. Provides that safe
storage requires storage of a loaded handgun in a securely locked box,
container, cabinet, or closet, or in a location that a reasonable person
would believe to be secure. Establishes that trigger lock security is
considered safe storage.
Establishes that it is a class 5 felony to unsafely store a loaded
handgun if a juvenile obtains the unsafely stored loaded handgun and
uses it to inflict injury or death upon any person.
Establishes that it is a class 3 misdemeanor to unsafely store a
loaded handgun if a juvenile accesses the unsafely stored loaded handgun
without adult supervision and possesses or exhibits it in a public place or
in a careless, angry, or threatening manner.
Provides for exceptions to these crimes.
Requires retail dealers, transferors, licensed importers, licensed
manufacturers, licensed dealers, licensed collectors, and pawnbrokers
who sell handguns to offer to sell a trigger lock to any purchaser of a
handgun and to inform all purchasers of handguns that Colorado requires
safe storage of handguns. Provides an exception for certain pawnbroker
transactions.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] 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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1 SECTION 1. Part 1 of article 12 of title 18, Colorado Revised
2 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW
3 SECTIONS to read:
4 18-12-108.8. Unsafe storage of loaded handguns - prohibited
5 - exceptions - penalties. (1) AS USED IN THIS SECTION, "JUVENILE"
6 MEANS ANY CHILD UNDER SIXTEEN YEARS OF AGE.
7 (2) EXCEPT AS PROVIDED IN THIS SECTION, IT IS UNLAWFUL FOR
8 ANYONE TO STORE OR LEAVE A LOADED HANDGUN ON A PREMISE UNDER
9 HIS OR HER CONTROL WITHIN THE REACH OR EASY ACCESS OF A JUVENILE.
10 IF A PERSON IN CONTROL OF THE PREMISES KNOWS OR REASONABLY
11 SHOULD KNOW THAT A JUVENILE IS LIKELY TO GAIN ACCESS TO A LOADED
12 HANDGUN ON THE PREMISES, THAT PERSON SHALL KEEP THE HANDGUN IN
13 A SECURELY LOCKED BOX, CONTAINER, CABINET, OR STORE ROOM, OR IN
14 A LOCATION THAT A REASONABLE PERSON WOULD BELIEVE TO BE SECURE
15 OR, IN THE ALTERNATIVE, THE HANDGUN SHALL BE SECURED WITH A
16 TRIGGER LOCK.
17 (3) ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION
18 COMMITS A CLASS 5 FELONY IF A JUVENILE OBTAINS THE HANDGUN AND
19 USES IT TO INFLICT INJURY OR DEATH UPON ANY PERSON. HOWEVER, THIS
20 SUBSECTION (3) SHALL NOT APPLY:
21 (a) IF THE JUVENILE OBTAINS THE HANDGUN AS A RESULT OF AN
22 UNLAWFUL ENTRY BY ANY PERSON;
23 (b) IF THE JUVENILE OBTAINS POSSESSION OF THE HANDGUN FROM
24 A MEMBER OF THE ARMED FORCES, NATIONAL GUARD, STATE MILITIA, OR
25 POLICE OR OTHER LAW ENFORCEMENT AGENCY DURING OR INCIDENTAL TO
26 THE PERFORMANCE OF THAT PERSON'S OFFICIAL DUTIES; OR
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1 (c) IF THE PERSON IN CONTROL OF THE PREMISES IS CARRYING THE
2 HANDGUN ON HIS OR HER BODY OR WITHIN SUCH CLOSE PROXIMITY
3 THERETO THAT HE OR SHE CAN RETRIEVE AND USE IT AS EASILY AND
4 QUICKLY AS IF IT WERE CARRIED ON THE BODY.
5 (4) ANYONE WHO VIOLATES SUBSECTION (2) OF THIS SECTION
6 COMMITS A CLASS 3 MISDEMEANOR IF A JUVENILE OBTAINS THE HANDGUN
7 WITHOUT THE LAWFUL PERMISSION OF THE JUVENILE'S PARENT OR LEGAL
8 GUARDIAN AND POSSESSES OR EXHIBITS IT IN A PUBLIC PLACE OR IN A
9 MANNER THAT IS CARELESS, ANGRY, OR THREATENING. HOWEVER, THIS
10 SUBSECTION (4) SHALL NOT APPLY:
11 (a) IF THE JUVENILE OBTAINS THE HANDGUN AS A RESULT OF AN
12 UNLAWFUL ENTRY BY ANY PERSON;
13 (b) IF THE JUVENILE OBTAINS POSSESSION OF THE HANDGUN FROM
14 A MEMBER OF THE ARMED FORCES, NATIONAL GUARD, STATE MILITIA, OR
15 POLICE OR OTHER LAW ENFORCEMENT AGENCY DURING OR INCIDENTAL TO
16 THE PERFORMANCE OF THAT PERSON'S OFFICIAL DUTIES; OR
17 (c) IF THE PERSON IN CONTROL OF THE HANDGUN IS CARRYING THE
18 HANDGUN ON HIS OR HER BODY OR WITHIN SUCH CLOSE PROXIMITY
19 THERETO THAT HE OR SHE CAN RETRIEVE AND USE IT AS EASILY AND
20 QUICKLY AS IF IT WERE CARRIED ON THE BODY.
21 (5) WHEN A JUVENILE IS ACCIDENTALLY SHOT BY ANOTHER FAMILY
22 MEMBER, NO ARREST SHALL BE MADE PURSUANT TO THIS SECTION PRIOR
23 TO SEVEN DAYS AFTER THE DATE OF SHOOTING. WITH RESPECT TO THE
24 PARENT OR GUARDIAN OF A JUVENILE THAT WAS ACCIDENTALLY SHOT BY
25 ANOTHER FAMILY MEMBER, THE INVESTIGATING OFFICERS SHALL FILE ALL
26 FINDINGS AND EVIDENCE WITH THE DISTRICT ATTORNEY'S OFFICE WITH
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1 RESPECT TO VIOLATIONS OF THIS SECTION. THE DISTRICT ATTORNEY SHALL
2 EVALUATE SUCH EVIDENCE AND SHALL TAKE SUCH ACTION AS HE OR SHE
3 DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES AND MAY FILE AN
4 INFORMATION AGAINST THE APPROPRIATE PARTIES.
5 18-12-108.9. Sale of handguns - definitions - required offer to
6 sell trigger lock - required warnings - penalty. (1) AS USED IN THIS
7 SECTION:
8 (a) "LICENSED COLLECTOR" MEANS ANY PERSON WHO QUALIFIES
9 AS A LICENSED COLLECTOR PURSUANT TO 18 U.S.C. SEC. 921.
10 (b) "LICENSED DEALER" MEANS ANY PERSON WHO QUALIFIES AS A
11 LICENSED DEALER PURSUANT TO 18 U.S.C. SEC. 923.
12 (c) "LICENSED IMPORTER" MEANS ANY PERSON WHO QUALIFIES AS
13 A LICENSED IMPORTER PURSUANT TO 18 U.S.C. SEC. 923.
14 (d) "LICENSED MANUFACTURER" MEANS ANY PERSON WHO
15 QUALIFIES AS A LICENSED MANUFACTURER PURSUANT TO 18 U.S.C. SEC.
16 923.
17 (e) "PAWNBROKER" MEANS ANY PERSON WHO QUALIFIES AS A
18 PAWNBROKER PURSUANT TO 18 U.S.C. SEC. 921.
19 (2) (a) ON AND AFTER JULY 1, 1999, EACH LICENSED COLLECTOR,
20 LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, AND
21 PAWNBROKER IN THE STATE OF COLORADO WHO SELLS, RENTS, OR
22 OTHERWISE TRANSFERS A HANDGUN TO ANY PERSON SHALL OFFER TO
23 INCLUDE IN THE SALE, RENTAL, OR TRANSFER A TRIGGER LOCK, GUN LOCK,
24 OR GUN-LOCKING DEVICE APPROPRIATE FOR THE HANDGUN BEING SOLD.
25 IN ADDITION, THE LICENSED COLLECTOR, LICENSED DEALER, LICENSED
26 IMPORTER, LICENSED MANUFACTURER, OR PAWNBROKER SHALL DELIVER
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1 TO THE PERSON TO WHOM THE HANDGUN WAS SOLD, RENTED, OR
2 OTHERWISE TRANSFERRED A WRITTEN WARNING IN BOLD-FACED BLOCK
3 LETTERS NOT LESS THAN ONE INCH IN HEIGHT THAT STATES THE
4 FOLLOWING:
5 IT IS UNLAWFUL, AND PUNISHABLE BY A FINE OR
6 IMPRISONMENT OR BOTH, FOR A PERSON TO STORE OR
7 LEAVE A LOADED HANDGUN ON A PREMISE UNDER HIS OR
8 HER CONTROL WITHIN THE REACH OR EASY ACCESS OF A
9 JUVENILE, PURSUANT TO SECTION 18-12-108.8,
10 COLORADO REVISED STATUTES.
11 (b) THIS SUBSECTION (2) SHALL NOT APPLY TO PAWNBROKERS
12 REDEEMING A HANDGUN TO THE PERSON THAT PAWNED THE HANDGUN.
13 (3) ON AND AFTER JULY 1, 1999, EACH LICENSED COLLECTOR,
14 LICENSED DEALER, LICENSED IMPORTER, LICENSED MANUFACTURER, AND
15 PAWNBROKER IN THE STATE OF COLORADO SHALL CONSPICUOUSLY POST
16 AND AT ALL TIMES DISPLAY IN THE PERSON'S PLACE OF BUSINESS AT EACH
17 SERVICE COUNTER OR IN EACH AREA WHERE HANDGUNS ARE SOLD, THE
18 WARNING SPECIFIED IN PARAGRAPH (a) OF SUBSECTION (2) OF THIS
19 SECTION, PRINTED IN BOLD-FACED BLOCK LETTERS NOT LESS THAN ONE
20 INCH IN HEIGHT.
21 (4) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION
22 COMMITS A CLASS 3 MISDEMEANOR.
23 SECTION 2. Effective date - applicability. This act shall take
24 effect July 1, 1999, and shall apply to offenses committed on or after said
25 date.
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1 SECTION 3. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the|~ immediate
|~ 3 preservation of the public peace, health, and safety.