BILLS WE SUPPORT:
HB23-1165 Firearm Discharges in Counties
(Rep. Judy Amabile). Expands the capabilities of county commissioners to designate unincorporated areas of a county where it is unlawful to discharge firearms. This is both a safety and noise issue.
HB23-1219 Waiting Period to Deliver a Firearm – Strongly Support
Status: Introduced, Assigned to State Affairs 2/23/2023. Status: Committee Passed 7-4 Vote. (Reps. Meg Froelich and Judy Amabile, Sens. Tom Sullivan and Chris Hansen). Requires a 3-day waiting period before transfer of a firearm.
HB23-1230 Assault Weapons Ban – Strongly Support
Status: Introduced, Assigned to Judiciary 3/3/2023. (Rep. Elizabeth Epps, Sen. Rhonda Fields). Prohibits the manufacture, sale, importation, purchase or transfer of an assault weapon and prohibits the possession of a rapid-fire trigger activator.
SB23-022 Add vehicular theft to POWPO-eligible felonies – Support
Status: Passed Senate Judiciary on 4-1 vote on 2/13/2023. Hearing, Wednesday, March 8, upon adjournment, Old Supreme Court Chambers. (Sen. Nick Hinrichsen) Adds aggravated vehicular theft to the list of felonies that are POWPO-eligible (Possession of Weapon by a Previous Offender).
SB23-168 Repeal of Gun Violence Victims’ Access to Judicial System – Strongly Support
Status: Passed Senate State Affairs 3/8/2023 on 3-2 party-line vote. (Sens. Sonya Jaquez-Lewis and Chris Kolker, Reps. Javier Mabrey and Jennifer Parenti). Repeals the Gun Industry Immunity law of 1986 and 2000. It further requires the industry to implement reasonable controls related to its product and enables persons to seek legal recourse for violation of those standards.
SB23-169 Increasing Minimum Age to Purchase Firearms – Strongly Support
Status: Passed Senate State Affairs 3/8/2023 on 3-2 party-line vote. (Sens. Kyle Mullica, Jessie Danielson, Reps. Monica Duran and Eliza Hamrick). Increases the legal age to purchase, possess, sell or transfer a firearm.
SB23-170 Extreme Risk Protection Orders Expansion – Strongly Support
Status: Passed Senate State Affairs 3/8/2023 on 3-2 party-line vote.
To learn more with talking points, click on 2023 CO Ceasefire Fact Sheet.SB23-170.Expand ERPO Reporters
(Sens. Tom Sullivan and Stephen Fenberg, Reps. Jennifer Bacon and Mike Weissman). Expands list of ERPO petitioners to include DA’s and designees, AG and designees, health and mental health professionals, and educators.
No bills with neutral position at this time during the 2023 Colorado Legislative Session.
BILLS WE OPPOSE:
HB23-1044 Second Amendment Preservation Act – Strongly Oppose
Status: PI’ed* on 8-2-1 party-line vote on 2/6/2023. (Rep. Ken DeGraaf). Moves interpreting the second amendment from the Supreme Court to the state legislature. Provides $50,000 fines to jurisdictions that enforce laws that tax, prohibit, register or confiscate firearms or accessories. Would thereby nullify large capacity magazine ban and ERPO (red flag) laws. Violates U.S. Constitution Supremacy Clause.
HB23-1050 – Use of Deadly Force in Business – Strongly Oppose
Status: PI’ed on 8-2-1 party-line vote on 2/6/2023. (Rep. Ty Winter). Would allow a manager, employee or anyone with in lawful possession of a firearm to use deadly force against an intruder in a business location if they felt threatened, no matter how slight. This is a Stand Your Ground bill. Think of the shooting death of Trayvon Martin in Florida, and you’ve got the idea. This is the seventeenth year this type of bill has been defeated.
HB23-1092 – Limitating Use of State Monies – Oppose
Status: PI’ed in Finance 11-0 on 2/6/2023 at Sponsor’s request. (Rep. Rod Bockenfeld). Would prohibit state money from being used to further social, political, or ideological interests, and would effect PERA investment decisions. Furthermore, it would require a government contract to verify that it would not engage in economic boycott of another company for those same interests. Included firearms as an issue.
*PI means Postponed Indefinitely. A PI’ed bill is done, it cannot be brought back up under the same bill number.
SB21-078 Reporting Lost and Stolen Firearms
Status: Signed by Governor Polis on April 19, 2021. Passed House and Senate on party-line Votes. (Sens. Jaquez Lewis/Danielson and Reps. Sullivan and Herod) Requires individual gun owners to report to law enforcement within 5 days after discovering a firearm is lost or stolen. Imposes $25 fine on first offense, misdemeanor on subsequent.
HB21-1106 Safe Storage
Status: Signed by Governor Polis on April 19, 20212. Passed House on near party-line vote. All Dems voted YES except D. Valdez. Passed Senate on party-line vote. (Reps. Duran/Mullica, Sens. Bridges/Hansen). Would require gun owners to safely store firearms so that they are not accessible to juveniles or prohibited persons. Requires gun stores to post information as to the law. Imposes a misdemeanor penalty. Also requires Office of Suicide Prevention to post on web site information on safe storage and provides for education program if monies are available.
HB21-1255 Domestic Violence Firearms Relinquishment
Status: Signed by Governor Polis on June 22, 2021. (Reps. Duran/Gray, Sens. Jaquez Lewis/Pettersen). Tightens court procedures and law enforcement responsibilities to ensure that those convicted of domestic violence misdemeanors or subject to domestic violence protection orders relinquish their firearms. Possession of firearms by these individuals is prohibited under state and federal laws.
HB21-1298 Expand Background Checks
Status: Signed by Governor Polis on June 19, 2021. (Reps. Amabile/Woodrow, Sens. Gonzales/Pettersen). 1) Prohibits firearm transfers to persons with certain violent misdemeanor convictions in the last 5 years. 2) Closes the Charleston Loophole by requiring gun buyer by removing time limit on background check 3) Extends appeal time for CBI from 30 days to 60. 4) Denies transfer of gun even if final disposition of criminal case is unclear.
HB21-1299 Office of Gun Violence Prevention
Status: Signed by Governor Polis on June 19, 2021. (Reps. Sullivan/Bacon, Sens. Fields/Hansen). Establishes the office for gun violence prevention which will deal with education on existing gun laws, collect research in repository, and make grants to violence intervention programs if funds are available.
SB21-256 Local Firearm Regulations
Status: Signed by Governor Polis on June 19, 2021. (Sens. Fenberg/Moreno, Reps. Hooton/Daugherty). Allows local governments to enact laws to restrict the transfer and possession of firearms, ammunition and components that are stronger than state laws. Allows local governments, special districts and governing boards of colleges and universities to prohibit the carrying of concealed handguns in public buildings and areas under their jurisdiction.
THESE DANGEROUS BILLS WERE DEFEATED
HB21-1038 Guns in School – Strongly Oppose
Status: Defeated House State Affairs 3/17/21 on 4-7 party-line vote. (Rep. Neville). Would allow anyone with a concealed carry (CCW) permit to carry a hidden handgun into any K-12 public school. 9th consecutive year for a “guns in schools” bill.
HB21-1070 Repeal Ammunition Magazine Ban- Strongly Oppose
Status: Defeated House State Affairs3/17/21 on 4-7 party-line vote. (Rep. Hanks) Would remove the 15-round limit imposed in 2013. 8th consecutive year for this proposal.
HB21-1082 Bypass Background Check with CCW permit –Oppose
Status: Defeated House State Affairs3/17/21 on 4-7 party-line vote. (Rep. McKean). Would permit anyone with a CCW permit to bypass background check when seeking transfer of firearm. 3rd appearance since 2006.
HB21-1098 Civil Liability with ERPO – Strongly Oppose
Status: : Defeated House Judiciary 3/16/21 on 4-7 party-line vote. (Rep. Woog). Would allow anyone who suffers injury or damage who couldn’t defend self because of an ERPO to sue anyone who drafted, proposed, promoted or provided support for the 2019 ERPO (Extreme Risk Protections Orders) law. In case of death or disability, damages assessed from $100,000 – $100 million. Amended so target of suit is petitioner and damage award at $5000 + costs.
HB21-1185 Governor Emergency Powers – Oppose
Status: Defeated House State Affairs 3/17/21 on 4-7 party-line vote. (Rep. Neville) Would remove from the Governor’s emergency powers the ability to suspend firearms sales and distributions. Also, would overturn SB13-195, which prohibited on-line concealed carry classes.
Already, there are already 60 firearms-related bills introduced in Congress. This is a selection of prominent ones.
H.R. 625 Regulate Large Capacity Magazines – Strongly Support
Status: Diana DeGette is prime sponsor, has 106 co-sponsors including Crow.
H.R. 660 and S. 173 Safe Storage (Ethan’s Law) – Strongly Support
Status: House bill has 190 co-sponsors including Caraveo, Crow, DeGette, Neguse and Pettersen. Senate bill has 30 co-sponsors including Bennet and Hickenlooper.
H.R. 698 and S. 25 Assault Weapons Ban – Strongly Support
Status: House bill has 201 co-sponsors including Crow, DeGette, Neguse and Pettersen. Senate bill has 41 co-sponsors including Bennet and Hickenlooper.
H.R. 715 and S. 494 Universal Background Checks – Strongly Support
Status: House bill has 181 co-sponsors including Caraveo, Crow, DeGette, Neguse and Pettersen. Senate has 47 including Bennet and Hickenlooper.
S. 14 Minimum Age for gun purchase – Support
Status: has 24 co-sponsors. Sets minimum age for assault weapons and large capacity magazine purchase to 21. Over 5 years ago, a white supremacist entered the Mother Emanuel AME church in Charleston, S.C. and shot and killed nine members at a Bible study. It turned out that the shooter was actually a prohibited gun buyer, but when he bought the weapon, errors in data entry delayed the background check, and the 3-day limit on BG checks expired. The murder gun was then released to the shooter.
H.R. 38 and S. 214 Federally Mandated Concealed Carry (CCW) Reciprocity – Strongly oppose
Status: Introduced. House bill has 154 co-sponsors, including Lamborn, and Buck. Senate bill has 44 co-sponsors, none from Colorado. Would mandate that every state honor CCW permits from other states and also people from permitless states. House bill would allow someone denied a permit in Colorado to get one in a state that doesn’t require residency, would allow individuals to take their guns into K-12 schools, and to sue law officers or political subdivision if they are arrested or detained.
H.R. 151 and S. 163 Remove short-barreled shotguns from National Firearms Act of 1934 – Strongly oppose
Status: House bill has 37 co-sponsors, including Buck. Senate bill has 18 co-sponsors.
H.R. 152 Hearing Protection Act and S. 401 – Strongly oppose
Status: House bill has 60 co-sponsors, including Buck. Senate had 26 co-sponsors. Removes silencers from the National Firearms Act of 1934.
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Can only submit 5 bills each session, unless granted permission by leadership.
Must submit bills by a specified date, unless granted permission by leadership for a late bill.
Finds a supportive legislator in the other chamber as a sponsor and lines up co-sponsors.
Works with legislative services to draft language consistent with state statute.
Legislators are anxious to pass bills under their own names to demonstrate to their constituents their commitment to working for the good of Colorado and their district.
In Colorado the title of a bill is extremely important and legislators are careful in how they craft the title. Under the Colorado constitution, a measure cannot cover more than one issue. Additionally, the bill cannot be amended unless the amendment conforms with the title. Unfriendly amendments have even occurred which erased the bill entirely and replaced it with new language. Sometimes amendments are applied which have strategic intent for election purposes.
First reading is when the bill is read across by the clerk in the first chamber of reference (house or senate).
The bill is then assigned to a committee of reference by the majority leadership of the chamber. Sometimes the leadership will assign the bill to several committees. State, Veterans and Military Affairs committee is often used by the leadership for bills they do not want to see continue.
All bills with a fiscal note must be approved by the Appropriations Committee before going to the “committee of the whole” (the house or senate chamber). Appropriations can defeat the bill for any reason, not just monetary. No testimony is taken at Appropriations.
The committee of reference takes public testimony and discusses the bill. It will consider amendments and then vote whether or not to approve the bill.
Bills that are approved by a majority of the committee then go on to the next committee of reference, which could be another committee or the committee of the whole.
Bills that fail to receive a majority of votes in committee are usually considered for postponing indefinitely (PI). Bills that are PI’ed are dead for the session.
Committee hearings (except Appropriations) generally occur in the afternoons or after adjournment of the Committee of the Whole. They also have a set meeting weekly schedule, although this may all change towards the end of the session.
Only rarely will a committee meet on Friday.
A bill hearing must appear on the calendar at least 48-hours before it is to be considered.
Occurs with the Committee of the Whole (entire House or Senate).
Bills, as amended by committee(s), are presented to the entire chamber and are debated.
Citizens may observe from the gallery, but no public testimony is taken.
Bills can be amended at 2nd reading.
When a vote is taken, if the bill is defeated, it is considered dead (although occasionally there is a parliamentary move to reconsider).
The votes on second reading are not recorded, unless someone does a parliamentary maneuver to ensure recording of the votes.
In order to obtain approval of a chamber, the bill must be approved on a 3rd reading.
Therefore, every legislator has an opportunity to rethink his or her vote on a bill (and sometimes get an earful from the citizenry).
It is generally considered bad form to offer amendments to a third reading of a bill, and legislators have to receive permission of the chamber to offer one.
3rd reading votes are final and are recorded. Votes appear in the journal of the chamber.
After the bill passes 3rd reading, it then proceeds to the other chamber for the same 3 readings. The successful amendments from the first chamber are incorporated into an “engrossed” bill.
After a bill passes 3rd reading in the second chamber, it heads to the Governor for his signature or veto, unless the 2nd chamber or committees amended the bill. Those Amended bills are sent back to the first chamber, where a concurrence vote is sought.
If the first chamber does not concur with the changes applied by the second chamber, a conference committee is appointed to work out the differences. The bill that emerges from the conference committee must be approved by both chambers before heading to the Governor.
Governor may choose to sign, veto, or take no action on a bill.
A bill becomes law if:
In mid-March legislative attention turns to the state budget and the Long bill (because it is very long). This bill funds the entire state government. The Long bill is a product of the Joint Budget Committee (JBC), a powerful bipartisan committee that works closely all session focused on the state budget.
