pickenup
02-20-2009, 01:21
First Regular Session
Sixty-seventh General Assembly
STATE OF COLORADO INTRODUCED
LLS NO. 09-0356.02
Richard Sweetman SENATE BILL 09-074
Senate Committees House Committees
State, Veterans & Military Affairs
A BILL FOR AN ACT CONCERNING THE PROTECTION OF RIGHTS GUARANTEED BY THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION.
Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)
Prohibits a local government from enacting an ordinance, regulation, or other law that imposes a requirement that a person store a firearm in a manner that renders the firearm inoperable. Declares void
and unenforceable any such ordinance, regulation, or other law previously enacted by a local government.
Permits intrastate sales of firearms by Colorado firearms manufacturers to Colorado residents, regardless of federal laws to the contrary.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration.
(1) The general assembly hereby finds that:
(a) In the recent case of District of Columbia et al. v. Heller, 128 S. Ct. 2783 (U.S. 2008), the United States Supreme Court considered the constitutionality of a municipal ordinance that, among other things, required all firearms in homes to be rendered and kept inoperable at all times; and
(b) The Supreme Court determined that the ordinance violated the Second Amendment of the United States Constitution by making it impossible for citizens to use their lawfully owned firearms for the core lawful purpose of self-defense.
(2) The general assembly further finds that:
(a) The right of an individual to keep and bear arms is clearly established in both the United States and Colorado constitutions; and
(b) A qualified citizen should not be denied his or her right to keep and bear arms nor be subjected to unnecessary and unreasonable administrative restrictions or delays in obtaining a firearm.
(3) Now, therefore, the general assembly hereby declares that Colorado state law shall reflect the holding of the United States Supreme Court and shall prohibit municipal ordinances that would require firearms
in homes to be rendered and kept inoperable.
SECTION 2. Article 11.7 of title 29, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
29-11.7-105. Regulation - storage of firearms - prohibited.
A LOCAL GOVERNMENT SHALL NOT ENACT AN ORDINANCE, REGULATION, OR OTHER LAW THAT REQUIRES A PERSON TO STORE A FIREARM IN A MANNER THAT RENDERS THE FIREARM INOPERABLE, INCLUDING, BUT NOT LIMITED TO, REQUIRING THAT A FIREARM BE DISASSEMBLED OR SECURED WITH A TRIGGER-LOCK DEVICE. ANY SUCH ORDINANCE, REGULATION, OR OTHER LAW ENACTED BY A LOCAL GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IS VOID AND UNENFORCEABLE AS OF THE EFFECTIVE DATE OF THIS SECTION.
SECTION 3. Article 26 of title 12, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
12-26-105. Sales by Colorado manufacturers permitted.
(1) NOTWITHSTANDING ANY FEDERAL LAW TO THE CONTRARY, A COLORADO FIREARMS MANUFACTURER MAY SELL A FIREARM OR FIREARM ACCESSORIES WITHIN COLORADO TO A COLORADO RESIDENT IF THE FIREARM OR FIREARM ACCESSORIES WERE MANUFACTURED IN COLORADO BY THE FIREARMS MANUFACTURER.
(2) NOTWITHSTANDING ANY FEDERAL LAW TO THE CONTRARY, A COLORADO RESIDENT MAY PURCHASE A FIREARM OR FIREARM ACCESSORIES FROM A COLORADO FIREARMS MANUFACTURER IF THE FIREARM OR FIREARM ACCESSORIES WERE MANUFACTURED IN COLORADO BY THE FIREARMS MANUFACTURER.
SECTION 4. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act that
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 5. 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.
Sixty-seventh General Assembly
STATE OF COLORADO INTRODUCED
LLS NO. 09-0356.02
Richard Sweetman SENATE BILL 09-074
Senate Committees House Committees
State, Veterans & Military Affairs
A BILL FOR AN ACT CONCERNING THE PROTECTION OF RIGHTS GUARANTEED BY THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION.
Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)
Prohibits a local government from enacting an ordinance, regulation, or other law that imposes a requirement that a person store a firearm in a manner that renders the firearm inoperable. Declares void
and unenforceable any such ordinance, regulation, or other law previously enacted by a local government.
Permits intrastate sales of firearms by Colorado firearms manufacturers to Colorado residents, regardless of federal laws to the contrary.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration.
(1) The general assembly hereby finds that:
(a) In the recent case of District of Columbia et al. v. Heller, 128 S. Ct. 2783 (U.S. 2008), the United States Supreme Court considered the constitutionality of a municipal ordinance that, among other things, required all firearms in homes to be rendered and kept inoperable at all times; and
(b) The Supreme Court determined that the ordinance violated the Second Amendment of the United States Constitution by making it impossible for citizens to use their lawfully owned firearms for the core lawful purpose of self-defense.
(2) The general assembly further finds that:
(a) The right of an individual to keep and bear arms is clearly established in both the United States and Colorado constitutions; and
(b) A qualified citizen should not be denied his or her right to keep and bear arms nor be subjected to unnecessary and unreasonable administrative restrictions or delays in obtaining a firearm.
(3) Now, therefore, the general assembly hereby declares that Colorado state law shall reflect the holding of the United States Supreme Court and shall prohibit municipal ordinances that would require firearms
in homes to be rendered and kept inoperable.
SECTION 2. Article 11.7 of title 29, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
29-11.7-105. Regulation - storage of firearms - prohibited.
A LOCAL GOVERNMENT SHALL NOT ENACT AN ORDINANCE, REGULATION, OR OTHER LAW THAT REQUIRES A PERSON TO STORE A FIREARM IN A MANNER THAT RENDERS THE FIREARM INOPERABLE, INCLUDING, BUT NOT LIMITED TO, REQUIRING THAT A FIREARM BE DISASSEMBLED OR SECURED WITH A TRIGGER-LOCK DEVICE. ANY SUCH ORDINANCE, REGULATION, OR OTHER LAW ENACTED BY A LOCAL GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IS VOID AND UNENFORCEABLE AS OF THE EFFECTIVE DATE OF THIS SECTION.
SECTION 3. Article 26 of title 12, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
12-26-105. Sales by Colorado manufacturers permitted.
(1) NOTWITHSTANDING ANY FEDERAL LAW TO THE CONTRARY, A COLORADO FIREARMS MANUFACTURER MAY SELL A FIREARM OR FIREARM ACCESSORIES WITHIN COLORADO TO A COLORADO RESIDENT IF THE FIREARM OR FIREARM ACCESSORIES WERE MANUFACTURED IN COLORADO BY THE FIREARMS MANUFACTURER.
(2) NOTWITHSTANDING ANY FEDERAL LAW TO THE CONTRARY, A COLORADO RESIDENT MAY PURCHASE A FIREARM OR FIREARM ACCESSORIES FROM A COLORADO FIREARMS MANUFACTURER IF THE FIREARM OR FIREARM ACCESSORIES WERE MANUFACTURED IN COLORADO BY THE FIREARMS MANUFACTURER.
SECTION 4. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act that
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 5. 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.