Summary of Passed and Failed Bills in Colorado Legislature

[J]

This thread will remain locked so as not to introduce too much clutter. If you feel that I am incorrect on any of these, please send me a PM with your edit and I will consider it.

I have been following committee, and second and third readings of each of these bills in the house and senate, and I have reviewed each bill and the amendments. I am not a lawyer, so feel free to correct any misinformation.

It will take me some time to write up each one, so check back if you don't see everything yet.

[J]

HB13-1224
Prohibiting Large-Capacity Ammunition Magazine

House bill 1224 prohibits the sale, purchase, transfer or possession of detachable magazines holding more than 15 rounds; unless it a detachable magazine for a shotgun where the limit is 8 rounds. Tubular feeding shotguns containing more than 28" of shotgun shells in the tube are also prohibited the same (extensions allowed if they don't make the entire tube exceed 28"). There is a grandfather clause in the bill, for any soon-to-be banned magazines, shotguns, etc, possessed on July 1. Grandfathered magazines are exempted from the ban so long as they continuously stay in your possession. It also includes and bans any magazines that are "readily convertible to accept more than their statutory limits".

Effective July 1, there will be no sale, transfer or purchase of new magazines above these limits. What you have will be yours for life. You cannot buy any more, sell any to anyone, or transfer them in any fashion. This means that your heirs cannot inherit these magazines in Colorado.

Manufacturers in Colorado may produce magazines in Colorado over the 15 round (or 8 for shotgun) if they include a manufacture date (serialization was removed by amendment). The law also exempts peace officers of any jurisdiction, licensed retailers who can sell to LEO and out of state and military. Further exemptions are made for any leaver action, tubular feeding firearm, or any 22 rimfire tubular feeding firearm.

First violation gets you a class 2 misdemeanor, subsequent violations get you a class 1 misdemeanor. Using a banned magazine in the commission of a violent crime gets you a class 6 felony.

Some interesting problems with the wording of the legislation:
1. It does not allow for temporary transfer. So you are breaking the law if someone shoots your AR in your presence with one of your 20 or 30 round magazines.
2. With strict adherence to the law, a magazine that is lost or stolen cannot be returned to you as it is no longer grandfathered by way of non-continual possession.
3. I am unsure on the KSG, as it has two tubular feeding devices, but as the length of shells end to end in the 14 round KSG will exceed 28", I suspect it will be illegal.
4. With the readily convertible clause, most magazines should be considered banned. A G22 Magazine with a 15 round capacity can readily be converted to hold more with an extended base plate for example.

This bill must return to the house for approval of the senate ammendments.

[J]

HB13-1226
Concerning eliminating the authority of a concealed handgun permit holder to possess a concealed handgun on the campus of an institution of higher education.

This bill would have made it illegal to carry a firearm, with a permit or without, into any building of a university, and grounds of a university where an official university event was currently taking place, or any off-campus facility where a university event was currently taking place.

This bill passed the house but failed to pass the senate. It is considered dead for the current legislative session.

[J]

HB13-1228
CONCERNING REQUIRING THE COLORADO BUREAU OF INVESTIGATION TO RECOUP THE COST OF PERFORMING AN INSTANT CRIMINAL BACKGROUND CHECK PRIOR TO THE TRANSFER OF A FIREARM, AND,IN CONNECTION THEREWITH, MAKING AND REDUCING AN APPROPRIATION

HB1228 Established that the CBI shall collect fees from the person on whom the background check is being performed. These fees are not to exceed the actual direct and indirect costs of performing said background check. An appropriation was made to cover the expected increased expenses of the CBI for background checks, which shall be reduced until zero as the program pays for itself. Annually the CBI must report to apropriations the costs for running background checks the previous year, and adjust the prices to reflect these costs for the coming year. Surpluses and deficits are taken into account to further reduce or increase costs to offset the difference between actual cost and fees collected the previous year. No cap has been set, and initial projected fees are expected to be in the $7.50 -$12.00 range. The fee is charged per background check, not per gun purchased on that background check.

[J]

HB13-1229
CONCERNING CRIMINAL BACKGROUND CHECKS PERFORMED PURSUANT TO THE TRANSFER OF A FIREARM, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.

HB1229 requires that all transfers of a firearm (except for exempted situations) be subject to a CBI background check. Individuals transferring a firearm must have an FFL run a background check on a 4473, and log the firearm into the FFL books. Both the transferor and transferee will receive copies of the background check results for their records. Upon a successful background check, the parties have 30 days to transfer the firarm(s). The bill limits the fee that FFLs can charge for this service to $10.00 per check. Numerous times during discussion the representatives said that FFLs would be required to run these checks, but I can't find anything in the bill that puts that into black and white. It is certain that the frequency, method, waiting time or procedures FFLs use to accomodate these checks are unregulated, so if forced to do so they may just make it very undesirable (1 hour per week with a line out the door). That is just my conjecture.

The bill also requires that courts report data to the CBI that was previously only reported to the FBI, and requires them to do it much more frequently than previously required.

The bill also requires that any corporations, trusts or other entities that are not a person: must have all owners, benefactors, member, officer or person who has a beneficial interest in the entity pass a background check before a firearm can be transferred into the entity. So, if your kids are on your NFA trust, you can't put any guns on it if they are under 18/21, as they are too young to pass the background check.

Violating this bill is a class 1 misdemeanor, and also carries the punishment of having your 2A rights stripped for a period of 2 years. It also contains a clause that assigns liability to the seller or transferor for any crimes committed with a firearm that is transferred without the mandated background check.

There are numerous exemptions to this requirement. These exemptions are not valid if either party is prohibited from owning or possessing a firearm.

1. Antiques, Curios and Relics are exempted
2. A bona fide gift to a family member, parent, grandparent, sibling, child, grandchild, niece/nephew, aunt/uncle, first cousins, and spouses are exempted
3. Transfers that happens by way of a will at death to any person are exempted
4. Temporary transfers to anyone in the home of the receiving party, the transferee, provided the gun stays in their home for self protection and the transferee believes the possession is necessary to prevent death or grave bodily injury are exempted.
5. Temporary transfers taking place at a shooting range run by an agency, non-profit or company as a professional shooting range (no make-shift ranges) and the gun doesn't leave the range.
6. Temporary transfers while hunting/fishing/trapping if the person has a license for that season and only has the gun in places where he can legally hunt with the license are exempted
7. Temporary transfers for repair or maintenance of the firearm are exempted
8. Temporary transfers between anyone anywhere if the owner is always in the presence of the gun are exempted
9. Temporary transfers between anyone anywhere if the transfer lasts no longer than 72 hours are exempted
10. Temporary transfers of deployed service members to a member of their immediate family no sooner than 30 days before deployment are exempted

Interesting observations:
1. You cannot loan a gun to a family member for more than 72 hours outside of their house or hunting. It covers gifts only
2. You cannot sell a gun to your brother or other family member. It covers gifts only.
3. It doesn't account for transportation or lodging for hunting, if you can't hunt at your motel you can't have a borrowed gun there overnight between hunting days.
4. You can't loan the gun to a friend for self protection in their house if you loan it at your house. They would be illegal while transporting.
5. Similar issues are present for loaning guns to go to the range, hunting, competition, etc. You must drive it there and give the fun to the person at the acceptable place.