Subject: Senator Kefalas Accountability Report #7, 3/13/13: (REFLECTIONS CONCERNING GUN VIOLENCE)
From: John Kefalas <jkefalashd52@frii.com>
Date: Wed, 13 Mar 2013 15:41:52 +0000
March 13, 2013
Dear Neighbor,
ALL THINGS INSPIRATIONAL & GOOD NEWS
The gun debates have been hard so I offer some good job news excerpted from Governor Hickenlooper’s recent e-mail message. “It’s been such a great few years for job growth in our state that we all have a lot to be proud of. From biotech to healthcare to finance and entertainment, dozens of new businesses will be hiring here in 2013 and creating thousands of new jobs — and that’s just the beginning.
In the next year, Kaiser Permanente will be adding over 500 local jobs. Hitachi Data Systems will bring 300 new positions. Coleman Outdoor Gear is setting up shop, and PTI Manufacturing is adding 300 manufacturing jobs. TeleTech is expanding on the order of 500 jobs, and Bal-Seal Engineering Inc. is adding 200. And the list goes on.
We put 50,000 people back to work last year. We put 35,000 people back to work the year before that. Those are strong gains — it would not have been possible without your help — and we're going to keep at it. Colorado is renowned for its entrepreneurial spirit, and the rest of the country is starting to take notice. The economy is picking up, but we still have a lot of work to do.”
COMMUNITY EVENTS
Community Conversation: Saturday, 3/16, 9:00 - 10:00AM, Fort Collins Coffee House, 3761 S. Mason, FC. Please stop by for some informal and friendly conversation while we support a local business. This is a new venue for me as I move my community events around the City to make it easier for you to participate.
Senior Day at the Capitol: Wednesday, 3/20, 6:30AM – 3:30PM; as in years past, my good friends Roberta and Lew Lachman are organizing a bus from Fort Collins and Loveland to the Capitol for this year’s celebration of "Senior Power." Roberta and Lew write, "We meet at the Senior Center at 6:30 A.M. for breakfast. We go by a bus provided by the Sheriff's Department. We make a quick stop in Loveland at the Park and Ride to pick up a couple of Lovelandites. We arrive usually before things start at the Capitol. We go to lunch at the Golden Corral in Thornton. We are back at the Senior Center by 3:30 P.M. " Advance reservations and a small fee are required to ensure a seat on the bus. For more information, please contact Roberta and Lew Lachman at
lrlachman@hotmail.com.
Community Issue Forum: “Colorado Healthcare: Increasing Access, Increasing Care”, Saturday, 3/23, 10:30AM-12:00PM, Council Tree Library, 2733 Council Tree Avenue, FC. Come join me, Reps. Fischer and Ginal in learning about the various ways Colorado is implementing the Patient Protection and Affordable Care Act (PPACA) and expanding access across Colorado. Panel members include: Colorado State Senator Irene Aguilar, MD, Chairwoman of the Health and Human Services Committee; Patty Fontneau, CEO/Executive Director, Colorado Health Benefit Exchange and Carol Plock, MD, Executive Director, The Health District of Northern Larimer County.
Health Care Forum and What it Means for Seniors: Saturday, 3/30, 8:30 am-11:00 am, at the Chilson Senior Center in Loveland. Speakers include: Greg Glischinski, Legislative Advocate from the Colorado State Office of AARP and Bob Semro, Policy Analyst for Health Care Issues from the Bell Policy Center. This is a Free event. Please register by March 25th by calling, Tina Hugo at 970-498-7751. This event is sponsored by: the Larimer County Office on Aging, AARP CO, Loveland Senior Advisory Board and 50Plus Marketplace News.
JOHN’S LEGISLATIVE & POLICY UPDATE (CONCERNING GUN BILLS)
After 14 hours of emotional, intense and partisan debate on Friday, March 8, five of the seven gun bills advanced. SB13-196, concerning semi-automatic firearms and liability, and HB13-1226 concerning a concealed-carry ban on college campuses, were withdrawn because the votes were not there to pass the bills. I did not support these two bills, although I did support the other five. On Monday, March 11, after 6 hours of continued emotional, intense and partisan debate, the Senate passed the five remaining bills on third reading. I supported these bills for final passage. In between these two grueling sessions, I had a town hall meeting and listened to those assembled to try and better understand the depth of emotions and feelings around these issues.
As your state senator, my responsibility is to explain my actions as best as I can knowing that folks will agree and disagree with my votes and hold me accountable one way or the other, which is what I expect of you. Nonetheless, I voted based on my values, faith and conscience; my understanding of the legislation and available information; and my listening to the diverse viewpoints. For those of you who shared your heartfelt and thoughtful comments either in person, over the phone or by e-mail, I am grateful for your engagement in our representative democracy and trust that you will remain engaged on gun safety matters and other issues. Fundamentally, I supported these bills because I believe that they will save lives and because I believe they do not take away people’s Second Amendment rights.
In listening to the people who could be labeled as “gun-rights advocates,” I learned how deeply and profoundly gun ownership is engrained in our collective and societal psyche. There is an interesting culture and a rich history regarding civilian gun ownership for purposes of self-defense, hunting and sport, and I now have a greater respect and understanding of where gun owners are coming from. Most folks who own guns are law abiding citizens and very sincere about their motivations and rationale, and most folks were civil and decent, although some were uncivil and threatening.
In listening to the people who could be labeled as “gun-control advocates,” especially those who have been directly impacted by gun-violence tragedies, I learned how deeply and profoundly they feel about our gun violence and the need for some limits on access to guns by people who are dangerous. They believe strongly that we can do better as a society to reduce the level of gun violence, especially when it comes to powerful guns and ammo systems.
From my perspective and from deep within my conscience, I believe there is too much violence in the world, our country, our state and in our communities. Guns and weapons are part of this violence, and yet I respect and honor, even more so now, a person whose reason for owning firearms is to protect his or her family and children. I get it, but I believe there is another way, and I choose to protect my family and children without violence. I am willing to die to defend my freedoms, community, neighbors and family, but I am not willing to kill. Gandhi said, “An eye for an eye only makes the world blind,” and Christ admonished Peter in the Garden of Gethsemane , telling him to put away the sword for “he” who lives by the sword shall die by the sword.
Our culture of violence permeates much deeper and wider than the violence perpetrated at the hands of someone wielding a gun. There are pragmatic solutions, and for me it comes down to being in right relationships with one another building trust and compassion while tearing down fear and anger. Regarding the bills and related issues, here is my thinking and rationale for how I voted.
HB13-1228 requires the Colorado Bureau of Investigation (CBI) to recoup the expense of doing instant background checks on individuals who want to purchase firearms, prior to the sale or transfer of those firearms. The language of the bill reads, “the amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing the background check.” Furthermore, the CBI is required to report to the General Assembly on an annual basis the number of full-time employees used by the bureau to perform background checks and the calculations used by the bureau to determine the amount of the fee. Click here to read HB-1228.
The Governor’s office, the legislature, and the Department of Public Safety each have oversight over the CBI, assuring that the evaluation of direct and indirect costs will be fair. Because firearms, by definition, are dangerous weapons that can be used to inflict death upon persons, the legislature must exercise extreme caution in protecting society from the harm that can be inflicted by these weapons. When an educator passes a background check, it is to ensure that they have not committed a crime that indicates they are a danger to their students. However, if they commit a crime, there is a court process by which the school will be informed and the educator could lose their position. In contrast, the only way for the state to determine if an individual is fit to purchase a firearm is by requiring them to pass a background check. If a person commits a violent crime between purchasing firearms, we should have a system in place to ensure he or she does not have access to more weapons.
Finally, in 1999, the CBI resumed background checks after a triple slaying occurred that could have been prevented by a state background check system. Simon Gonzales was able to purchase a firearm through a licensed dealer after passing a federal background check that failed to show that his estranged wife had secured a restraining order against him in state court. Despite the fact that this should have prevented him from purchasing a gun, Simon Gonzales secured the weapon and murdered his three daughters, ages 7, 8, and 10. Implementing a state background check system will help to prevent senseless murders such as this from taking place in the future.
In 2012, there were 343,302 background checks in the state of Colorado, which prevented 1,571 felons from getting guns. Here are some of the reasons for the 7,462 applicant denials: restraining order (420), kidnapping (12), sexual assault (133), robbery (76), assault (1,380), burglary (618), larceny (498) and dangerous drugs (1,069).
HB13-1229 concerns expanded background check to cover private transfers of firearms. While the implementation of expanded checks may not prevent every criminal from purchasing a firearm, it is our role as legislators to prevent crime to the best of our ability through public policy. For example, we were not deterred from passing laws in this state to make drunk driving illegal because some people drive drunk. Expanded background checks through the CBI will prevent criminals, such as Simon Gonzales, from buying a firearm and harming themselves or others. Click Here to read HB-1229.
Regarding the 40% statistic used for gun sales that do not go through a federally licensed firearms dealer, I acknowledge that there are points of contention. At the same time it is most regrettable that, as a result of a NRA-backed federal law impeding research on gun violence, we do not have access to more current and more accurate data. In 1996, Arkansas Rep. Jay Dickey sponsored an amendment that removed $2.6 million from the CDC’s budget, the exact amount that was being spent on firearms studies. When faced with instances of gun violence, such as the example of Simon Gonzales, we must do whatever we can to prevent loss of life.
Regarding FFLs and their current infrastructure, the state estimates that about 400,000 background checks for firearms will be requested in fiscal year 2013 - 2014. Spread throughout the state and all of the state FFLs, I think that these FFLs will have the capacity to meet the demand.
Regarding the issue of criminalizing non-dangerous behavior, exceptions are included HB13-1229 to ensure that those who have not committed crimes will continue to have access to firearms. These exceptions include the transfer to anyone for up to 72 hours, a temporary transfer that occurs while in the presence of the owner, a temporary transfer for self-defense, and a transfer due to inheritance, or a transfer by a member of the military, within 30 days of deployment, to a family member.
Regarding the nexus between gun violence and persons with mental illness, it is important to note that a very small percentage of these folks perpetrate such crimes, and we must not further stigmatize or stereotype. Nonetheless, Governor Hickenlooper has made a commitment, with my support, to better fund and target mental health services in Colorado. Furthermore, passing legislation that will address firearms possession or ownership by those who pose a danger to themselves or others is a priority for the legislature this session. I hope that we will see bipartisan legislation introduced not before too long.
HB13-1224 prohibits the sale, transfer or possession of large-capacity magazines that can accept more than 15 rounds of ammo or 8 shotgun shells. There are exceptions to this ban including law enforcement personnel and members of the armed forces. Those who had continuous possession of .such magazines can keep them and the prosecution has the burden of proof if a person claims to own the magazines legally. I have listened to the arguments that this bill is not enforceable, but I concluded that this bill will save lives, and semi-automatic firearms are not absolutely necessary for self-defense and hunting. Click Here to read HB-1224.
SB13-197 prevents persons who have committed domestic violence from possessing firearms. Gun violence against intimate partners continues to prevail, and each year persons who commit domestic violence use firearms to threaten, injure and kill victims. Firearms are the weapon used most often in deaths due to domestic violence. Given the facts, this bill is logical and will save lives. It requires Colorado courts to comply with federal law, which states that a person may not possess or transfer a firearm if he or she is subject to a court order that restrains that person from harassing, stalking, or threatening an intimate partner or his or her child, or engaging in other conduct that places an intimate partner or child in reasonable fear of bodily injury. Click here to read SB-197.
SB13-195 requires that a firearms safety course needed for a concealed weapons permit must be done at least in part in the presence of a certified instructor. This bill had bipartisan support. Click here to read SB-195.
SB13-196 would have established liability in relation to the discharge of an assault weapon that caused harm or damage. For me, there were too many unanswered questions and potential unintended consequences. Click Here to read SB-196.
HB13-1226 would have prohibited a concealed handgun permit holder from carrying a firearm on campus. I listened to the people who felt strongly about protecting themselves, and while I believe there are other means for protection, I conceded to the will of the people that was contrary to mine. I had to let go of something, partly because this whole gun discussion has been so divisive and polarizing. Click here to read HB-1226.
The massacres at Aurora and at Sandy Hook were wake up calls. Daily gun violence and suicide are too much a part of our social fabric and these realities must change. I am at peace with my decisions because I believe these policies will save lives and reduce gun violence.
USEFUL INFORMATION & COMMUNITY ENGAGEMENT
Multiple Sclerosis (MS) Society Fund Raiser: I am very excited and proud to say that my friend, Randle Loeb, is participating in the Newmont Bike MS 2013 presented by Point B, Event Information! You may help support his efforts with a contribution using this link: Donate. The National MS Society is committed to building a movement by and for people with MS that will move us closer to a world free of this disease. Donations collected for Bike MS continuously fund research for a cure, while also providing services and support for those currently living with MS. I am riding this year because I believe in the mission of the National MS Society. More than 400,000 Americans live with MS and every donation will help us find a cure. Please help by making a donation or joining my team. Join me, and together we can create a world free of MS.
Volunteer Income Tax Assistance (VITA): tax returns prepared free to qualifying Colorado residents. The Fort Collins Workforce Center Office will have a VITA Tax Preparer at the office every Friday from 2/1 – 4/15, 1 – 4 PM, View Website and View Flyer. MANY NORTHERN COLORADO RESIDENTS QUALIFY SO CALL 2-1-1 TO FIND OUT IF YOU’RE ELIGIBLE.
You may be eligible to receive free tax assistance if you: are age 59 or under, with income up to $57,000; are 60 years or older with routine tax return or are home bound or have special needs. IRS-Certified VITA/TCE Volunteer Preparers help you claim the credits you’ve earned. Some credits include the Education Tax Credit, Earned Income Tax Credit and the Child Tax Credit, among others. They are trained and certified to provide free tax preparation services to low and middle income taxpayers in our community.
EARNED INCOME TAX CREDIT
The EITC is a tax credit for certain people who work and have low wages. It reduces the amount of tax you owe and may also give you a refund keeping more money in your pocket. You may qualify for the EITC: If you worked full-time or part-time in 2012; if you have qualifying children under the age of 19 who lived with you for more than half of 2012 (full-time students can be under 24 in 2012; children who are permanently and totally disabled can be any age); if you did not have qualifying children living with you, but you were between ages 25 and 64 in 2012; if all people on the return have a valid Social Security Number (not just you and your children); even if you don’t owe income tax.
ON A PERSONAL NOTE
I have noticed the day lilies poking out of the ground, and I look forward to spring and flowers.
Sincerely,
John Kefalas
Web:
www.johnkefalas.org
Email:
john.kefalas.senate@state.co.us
Phone: 303-866-4841 (o), 970-221-1135 (h), 720-254-7598 (c)
John Kefalas for Senate District 14 · United States
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