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2nd Amendment concerns


Last updated 5/18/2021 at 3:11pm | View PDF

Life at the Capitol gets busier and busier as there are many bills that need to come through the House and Senate. There have been some long days and longer evenings. Much to finish, and time is running out.

To paraphrase an old saying: "The majority gets what the majority wants."

And when it comes to curtailing our Second Amendment rights and to the long march to a government-run health care system, the majority Democrats are getting what they want in Colorado.

The Democrats have introduced their much anticipated "Gun Control Package" which consists of HB21-1298, HB21-1299 & SB 21-256. Altogether these bills will make life more difficult for a law-abiding citizen who owns guns.

HB-1298 makes the whole process of background checks more restrictive. Under existing law, a licensed gun dealer may transfer a firearm to another person prior to receiving the results of a required background check if three days have elapsed since the dealer initiated the background check. HB21-1298 would add to state law that a gun dealer may not transfer a firearm until they receive explicit approval to do so from the Colorado Bureau of Investigation (CBI). Transferring a firearm before receiving approval becomes a class 1 misdemeanor.

HB21-1298 adds a slate of committed offenses (all categorized as misdemeanors) that the CBI will look for during a background check. If any of the offenses, or similar offenses in another state, are found to have occurred within five years of the application, the transfer of a firearm will be denied. The transferee may request a review of the denial and the background check records that prompted the denial. CBI must render a final administrative decision within 60 days after receiving the request. One of the unintended consequences of the bill may be to put estranged spouses (usually women) in more danger as they will be denied the ability to purchase should they have ever been convicted of a misdemeanor.

This bill was passed in the House May 17, 2021. I voted no.

HB21-1299. This bill sets up an Office of Gun Violence Prevention within the Department of Public Health and Environment. Its mission is to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention. Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.

The office is also required to create and maintain a resource bank as a repository for data, research and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.

This bill was passed in the House May 17, 2021. I voted no.

SB21-256. This bill declares that the regulation of firearms is a matter of state and local concern. Existing law prohibits a local government from enacting an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm. The bill permits a local government to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer or possession of a firearm, ammunition or firearm component or accessory that is not less restrictive than state laws governing the sale, purchase, transfer or possession of the firearm, ammunition or firearm component or accessory.

Existing law prohibits a local government from enacting an ordinance or resolution that conflicts with state law regarding concealed carry of handguns. The bill permits a local government, including a special district, and governing board of an institution of higher education to enact an ordinance, resolution, rule or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction.

This bill is coming from the Senate soon.

These are the three bills that I feel many of my constituents would be of interest. As always, I appreciate your comments and concerns. My contact information: Phone: 303-866-2946. Email:[email protected]


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