Adjourning June 8, the Colorado General Assembly brought the 2021 legislative session to a close. Heralded by many in the press and the public as a bipartisan legislature working to address both the COVID crisis and the future of Colorado, Democrats in both the state house and senate took steps toward gun violence prevention measures.
Senate Majority Leader Stephen Fenberg said, at a press conference on the General Assembly’s closing yesterday, that the 2021 session was one of the most productive and “consequential” legislatures in the state’s history. He said every accomplishment of the assembly should be celebrated but noted that one of several long-term visions realized in the 2021 session were gun violence prevention measures.
Many of the bills dealing with firearms in the legislature this year came from Democratic legislators who focused on making background checks more consequential and expanding them, while also allowing local jurisdictions to create local firearm regulations.
Republicans, in some instances the sole sponsor of bills, voiced desires for lesser firearm control, but many were unsuccessful. Here are a few of the bills worth noting relating to firearms coming out of the 2021 Colorado legislative session.
Local Firearm Regulation
Local legislators could have some say in what, if any, firearms, ammo or firearm accessories are sold or transferred in their jurisdiction if Gov. Polis signs SB 256 into law.
While not yet signed by the governor, this bill declares that regulating firearms is a state and local concern. SB 256 permits a local government to enact ordinances, regulation or other law over sales, purchases, transfers or possession of firearms, ammunition or firearm components or accessories that isn’t less restrictive than state laws. It also allows the local governments to prohibit these actions as well.
The local law, however, cannot impose a criminal penalty for violation on a person who knew or reasonably should’ve known that the person’s conduct was prohibited, according to the bill text.
It was concurred to repass in early June. All prime sponsors on the bill were Democrats, including Sen. Fenberg and Dominick Moreno, and Representatives Edie Hooton and Lindsey Daugherty.
Expanded Firearm Transfer Background Check
With the passing of HB 1298, a state requirement was established for licensed gun dealers to obtain approval for a firearm transfer from the Colorado Bureau of Investigation before transferring it.
Under federal law, a licensed gun dealer can transfer a firearm to another person before receiving the results of a required background check, as long as three days have passed since the dealer started the check, according to the bill. State law doesn’t generally require a background check prior to transfers.
This bill prohibits the CBI from approving firearm transfers until the CBI determines its investigation is complete, and prohibits transfer to a person who has been convicted of specified misdemeanor offenses. The bill created a 60-day deadline for the CBI to complete its check.
All prime sponsors of the bill came from the Democratic party, including Rep. Judy Amabile and Steven Woodrow, and Sen. Julie Gonzales and Brittany Pettersen.
However, HB 1082, now lost, would’ve allowed a concealed carry permit presented at the time of a firearm transfer to serve as an alternative to a background check. It was solely sponsored by Republican Minority Leader Rep. Hugh McKean.
Office of Gun Violence Prevention
While not yet signed by the governor, HB 1299 has passed both the Senate and the House, establishing the Office of Gun Violence Prevention, tasked with coordinating and promoting effective efforts to reduce gun violence.
Housed under the CDPHE, the office is required to conduct public awareness campaigns, educate the public on laws, and establish and administer a grant program awarding community-based gun violence intervention within criteria when funds are available.
The office will also create a bank of data, research and statistical information specifically on gun violence within Colorado.
Prime sponsorship on the bill came from all Democratic sponsors: Rep. Tom Sullivan and Jennifer Bacon, while support in the Senate came from Rhonda Fields and Hansen.
Safe Storage Firearms
State law now requires firearm owners to responsibly and securely store their firearms when they’re not in use, with the passing of HB 1106. This lawful requirement was put in place to prevent access by unauthorized users or unsupervised juveniles from accessing firearms.
Now, if a person stores a firearm that juveniles can access without permission, or a resident of the premises is ineligible to own a firearm by law, they face a class 2 misdemeanor charge, according to the bill text.
But the bill doesn’t stop with charges. Under the new law, licensed gun dealers must provide a locking device capable of securing the firearm at the time of a sale. If a person transfers a firearm without a lock device, they face a fine of $500.
Also, the state court administrator is required to report annually about the number of charges related to unsafe firearm storage and requires the Colorado Department of Health and the Environment to include information about the offense of unlawful firearm storage.
All of the four sponsors of the bill were Democrats. Sponsors included Sen. Chris Hansen and Jeff Bridges and Rep. Kyle Mullica and Monica Duran.
Lost or Stolen Firearms Required Reporting
If a firearm owner happens to lose, or has their firearm stolen, they must report that incident to a law enforcement agency within five days of discovery of the firearms’ loss or stealing, according to new state law stemming from SB 078. The law also allows members of a family or household to report the loss/theft of the firearm.
Failing to let your local law know about the theft or loss the first time is only a civil infraction with a fine of $25 bucks, but if you have another or more such incident it rises to misdemeanor and is punishable by a maximum fine of $500.
On the other side, the bill requires law enforcement to enter any information about the missing firearm into the national crime information database and report the missing item to the CBI within five days of getting notice.
All primary sponsors came from the Democratic party, including Sen. Sonya Jaquez Lewis and Jessie Danielson, and Rep. Sullivan and Rep. Leslie Herod.
Repeal Ammunition Magazine Prohibition
This postponed indefinitely bill sought to repeal statutory provisions prohibiting sales, transfers or possession of certain large-capacity ammunition magazines. It had a lone prime sponsor of Republic Rep. Ron Hanks.
Concealed Handguns on School Grounds
This lost bill, solely sponsored by Republican Rep. Patrick Neville, would have removed a limitation against concealed carry permit holders from carrying a concealed handgun on public K-12 school grounds in Colorado, with certain exceptions.
Repeal Gov. Firearms & Training Regulation
This lone-sponsored bill would’ve repealed the state governor’s authority to suspend or limit sales, dispensing or transportation of firearms, explosives or combustibles in a disaster emergency. In addition, it would’ve repealed the prohibition on completing handgun training classes over the internet or at a location not physically where the instructor offered the course.
The bill was postponed indefinitely and was sponsored by Rep. Neville.