Representative Shane Sandridge introduced a bill that would have essentially extended the Castle Doctrine to businesses, however the bill was allowed to die in the State, Veterans, and Military Affairs Committee, along a party line vote.
HB20-1168 Deadly Force Against Intruder At A Business
Thanks for your concern. That's kind of you. I'm good. I've just been busy with other things, and have minimizing my exposure to political things, for a while.
I hope you are doing well, yourself.
Loyalty Above All Else, Except Honor
* Legislative Alert *
Please take the time to contact your elected reps. and urge them to oppose this bill.
HB 20-1278 was introduced by three Democrat sponsors, and is an extension of the 2013 Domestic Violence law that prohibits those accused of DV from owning or possessing firearms or ammunition.
The bill essentially mirrors the Red Flag ERPO law device in severing a Respondent's (note the same term used in Red Flag) 2A rights after an accusation has led to a DV order issuance, but before the charge has been adjudicated, and the severance lasts for the duration of the order. The mere act of an accusation, even a false accusation, is enough to trigger not only a loss of rights but the accompanying expenses of legal fees and transfer fees...to say nothing of the loss of privacy and security.
There are several aspects to the bill that are deeply troubling, but chief among them are that it creates a de facto firearms registry by forcing the Respondent to not only list the number, type, and location of all firearms and ammo she or he owns on both an affidavit and a firearms information form, in a court proceeding with not only judicial and LE reps. present, but others attending the hearing, including others charged with crimes, and the documents becomes a matter of record, maintained by the Sheriffs office. Additionally, should the Respondent refuse to comply, a search warrant will be issued without probably cause.
I'm still working my way through the actual bill wording but here is the bill summary.
HB20-1278 Protection Orders Issued Against Domestic Abusers
Upon the issuance of a protection order, the court shall:
-Require the person to state in court or complete an affidavit in court stating the number of firearms in the person's immediate possession or control and the location of all firearms in the person's immediate possession or control;
-Require the person to complete a firearm information form that states the number of firearms in the person's immediate possession or control or subject to the person's immediate possession or control, the type of each firearm, and the location of each firearm;
-and Transmit a copy of the protection order and the firearm information form to the sheriff of the county of the person's residence
The bill prohibits any full and truthful statements made to the court regarding the number of firearms in the person's immediate possession or control or subject to the person's immediate possession or control and the location of the firearms from being used against the person in any other civil or criminal proceedings.
The bill excludes legal holidays and weekends from the current time frame a person has to relinquish a firearm. The bill allows a court to grant a person an additional 24 hours to relinquish a firearm if the person is unable to comply with the required time frame of relinquishment.
Current law requires a person to either sell or transfer possession of the firearm, arrange for the storage of the firearm by a law enforcement agency, or sell or transfer the firearm to a private party who may legally possess the firearm. The bill requires a private party to complete a firearms acknowledgment form that informs the private party of the relevant state and federal laws, lists the consequences of noncompliance, and asks if the private party is able to legally possess a firearm. The bill prohibits the person from transferring the firearm to a private party living in the same residence as the person at the time of transfer.
The bill requires the court to conduct a hearing to ensure the person has complied with the relinquishment requirements. Failure to appear at the hearing constitutes a violation of the protection order, and the court may issue a warrant for the person's arrest or a search warrant of the person's residence.
The bill requires a person who does not possess a firearm at the time the order is issued to complete a declaration of nonpossession form in court. If the person possessed a firearm at the time of the qualifying incident giving rise to the duty to relinquish the firearm but sold or transferred the firearm to a private party prior to the issuance of the protection order, the person shall disclose the sale or transfer in court.
The bill requires a federally licensed firearms dealer, law enforcement agency, or private party to issue a signed affidavit memorializing the sale or transfer of the firearm.
The bill allows a law enforcement agency to enter into an agreement with any other law enforcement agency to assume the duties of the sheriff. If a law enforcement agency elects to store a firearm, the bill allows the law enforcement agency to seek a matching incentive fee from the department of public safety on an annual basis in an amount equal to the total amount charged by the agency for providing storage of a firearm. The matching fee must be used to maintain or increase firearm storage capacity. The bill requires a sheriff who elects to store a firearm to obtain a search warrant prior to testing or examining the firearm to facilitate any criminal investigation or prosecution.
The bill prohibits a private party from returning a firearm to the person until the private party receives a written statement of the results of the background check conducted by the bureau authorizing the return of the firearm to the person.
Current law requires a copy of the written receipt and the written statement of the background check to be filed with the court as proof of relinquishment. The bill requires the signed affidavit to be filed with the court instead of the receipt. Both the signed affidavit and written statement are only available for inspection by the court and the parties to the proceeding.
A federally licensed firearms dealer, law enforcement agency, or private party that elects to store a firearm is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or agency storing the firearm.
My understanding is that the Colorado Sheriffs Association has come out against this bill and El Paso County Sheriff Bill Elder sent his Chief of Staff, Janet Huffor, to testify against the bill last Tuesday. During her testimony Democrat Leslie Herod (first black LGBTQXYZ rep. in the state legislature), reportedly was disrespectful to Huffor in the manner she challenged the testimony, and made the assertion that law enforcement is responsible for the increase in Domestic Violence. She was so disrespectful in fact that Sheriff Elder is angry at the way his office's representative was treated in the legislature and a complaint has been filed with the House.
Sheriff Elder and Chief of Staff Janet Huffor were interviewed on the Jeff Crank Show about both the disrespectful way in which her testimony was challenged as well as their concerns about HB20-1278. Sound bytes of the actual confrontation between Herod and Huffor during the testimony are played during the interview, but they are played out of sequence.
The 30 minute interview begins @ 1:35:35.
Jeff Crank Show 2-29-20
The Gazette somewhat 'white washed' the confrontation between Herod and Huffor.
[Note: picture and hyperlinks at linked article]
El Paso County sheriff complains about lawmaker's grilling of chief of staff
By Joey Bunch Colorado Politics Joey Bunch Joey Bunch Colorado Politics senior political reporter Feb 29, 2020 Updated Feb 29, 2020
El Paso County Sheriff Bill Elder is steamed at state Rep. Leslie Herod over how she handled his chief of staff during a legislative hearing this week.
He claimed the debate violated the House's workplace conduct rules.
"This is a public hearing, one meant to let people have a say in legislation," he wrote in the letter to House Speaker KC Becker, obtained by Colorado Politics. "For Representative Herod to use it to publicly humiliate a member of this state's law enforcement community the way she did is unacceptable and a clear violation of the House workplace expectation and policies.
"This is NOT the first or only incident with Representative Herod over the last couple of years, but this certainly was the most egregious."
During an eight-hour hearing on a handful of justice bills before the House Judiciary Committee Tuesday night, Herod pressed Janet Huffor, Elder's chief of staff and legislative liaison, on the source of some of her information.
They were debating House Bill 1278, legislation that would require those suspected of domestic violence from disclosing how many guns they own and have in their immediate control.
Huffor spoke on behalf of the El Paso County Sheriff's Office and for the County Sheriff's of Colorado. They opposed the bill because it did not provide enough guidance on how law enforcement would manage the storage or sale of firearms that are confiscated.
She said some people would have "pallets of ammo" that would be costly to store and most sheriffs do not want to do it. Huffor said El Paso County averages about 15 domestic violence arrests a day.
"It's rare someone has just one weapon," she told the committee. "It's more in the 20 to 30 or more (range)."
Herod asked Huffor, "Can you tell me where you found that stat, that El Paso County gun owners have 20 to 30 weapons?"
Huffor replied, "I'm making an estimation based on some of the average gun owners I know in El Paso County. I'm giving you that as an average. I'm not pulling the statistic from anywhere."
Herod said in the meeting that she found that to be a "gross exaggeration, and I think it's irresponsible to state that to this committee without any kind of evidence backing that up."
She told Colorado Politics Friday night that she used to live in El Paso County and comes from a military family, many of whom are gun owners. "They have nowhere near that many weapons," Herod said.
Becker said in a text Friday night that she had no comment on the matter.
Herod is an influential Denver Democrat who has been a leading social justice reformer in the Legislature. In his letter, he called out "Herod's flagrantly disrespectful and disgraceful form of political thuggery and intimidation."
Reached in San Francisco, just before she was to speak to The Justice Collaborative about her work, Herod said he was surprised Elder was so thin-skinned.
"These kinds of tough discussions happen every day at the Legislature," she said. "Why am I the one who gets a complaint, and it's sent to the press?"
She conceded her relationship with Elder has been strained in the past over policies, but she said it wasn't personal.
On her comments at the hearing, Herod said, "I'm not going to accept people who aren't being truthful."
Jacqueline Kirby, a spokeswoman for the El Paso County Sheriff's Office, confirmed the authenticity of the letter, but declined to comment beyond what it states.
Contact Joey Bunch at email@example.com or follow him on Twitter @joeybunch.
Edited: To correct a spelling mistake and rephrase for clarity.This message has been edited. Last edited by: Modern Day Savage,
Note that the HB20-1271 Repeal Red Flag And Amend 72-hour Hold is scheduled for a hearing in the House Judiciary committee on Thursday March 12th.
Please contact your elected reps to support this bill.
Yesterday, 4 Democrats introduced a safe storage of firearms bill, that includes jail time for gun owners who violate the law. The gun control group Moms Demand Action is rallying for the bill and the NRA has come out in opposition to it.
HB20-1355 Secure Storage Of Firearms
I haven't had a chance to work my way through the bill text yet but here is the bill summary:
The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know:
-That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or
-A resident of the premises is ineligible to possess a firearm under state or federal law. Unlawful storage of a firearm is a class 2 misdemeanor.
The bill requires licensed firearms dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine.
The bill requires the state court administrator to annually report to the general assembly about the number of charges related to safe firearms storage, and the disposition of those charges.
The bill requires the department of public health and environment to develop and implement a firearms storage education campaign to educate the public about the safe storage of firearms and state requirements related to firearms safety and storage.
The bill creates the firearms safe storage education campaign fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue certifies to the revisor of statutes that there is a space available on the form and the fund is next in the queue.
A Colorado Sun article on the bill.
Note: There are pictures and hyperlinks at the linked website article.
Colorado gun owners who don’t safely store their weapons could face jail time under new bill
One of the measures would make it a Class 2 misdemeanor for someone who fails to properly secure their firearms in homes with children. A companion bill would mandate gun owners report lost or stolen guns to police.
MAR 6, 2020 12:36PM MST
The Colorado Sun — firstname.lastname@example.org
Colorado gun owners who don’t lock up or properly secure their weapons in homes where there are children or adults prohibited from accessing guns would be subject to jail time under legislation introduced Friday afternoon at the state Capitol.
House Bill 1355 — a so-called safe storage measure — would also require gun shops to distribute trigger or cable locks with every sale or transfer of a firearm. The legislation was reviewed by The Colorado Sun ahead of its introduction.
“The goal for us is to create as safe of an environment as we can in the house if there is a firearm present,” state Rep. Kyle Mullica, a Northglenn Democrat who is leading the push for the measure, said in an interview. “The goal is not to necessarily punish people. The goal is to create that safe environment and to prevent accidents from happening.”
The bill would bring Colorado in line with other states that have safe storage laws on the books, including Connecticut, California and New York. Even Texas has statutes aimed at keeping firearms out of the hands of children.
Mullica said he doesn’t think his legislation will stop mass shootings. “I don’t think this is that magic wand, unfortunately.”
But he does believe the bill could prevent teen suicides and accidental shootings involving toddlers. Studies have shown that suicide attempts using guns are often the most successful, so limiting access to at-risk young people could hinder their attempts to kill themselves.
The Colorado bill is expected to be the most significant piece of gun control legislation debated in the legislature this year. A companion measure, House Bill 1356, would impose penalties for gun owners who fail to notify law enforcement within 48 hours if a weapon is lost or stolen.
The National Rifle Association opposes both bills, saying they would be a burden on gun owners.
“On safe storage, you’re basically criminalizing a law-abiding gun owner’s right to self protection,” said Greg Brophy, a gun rights activist and former Colorado state senator who has lobbied on behalf of the gun industry. “On the mandatory reporting bill, I think this is probably the only instance I can think of where a victim of a crime becomes a criminal if they don’t go and do something after the fact. And that’s just wrong.”
Mullica, a father and gun owner himself, argues any added legal burdens in his bill are a small price to pay for community safety. The legislation requires gun owners to use a safe, trigger lock or cable lock to secure their weapons.
“If somebody feels like that’s burdensome to go back and forth to their safe every night if they want to protect their family, me, personally, I’ll take that burden to make sure that my children are safe,” he said. “I think the safety of our children is worth that little burden that you may have.”
Mullica’s bill would require Colorado gun stores to post a notice about the state’s new safe-storage laws and also mandate that public health officials create a campaign to educate firearm owners on how to keep their weapons out of the wrong hands.
If a gun owner has a firearm on their person or within arms reach, then they don’t have to lock them up, the bill says. The measure also clarifies that if a child accesses an unsecured firearm for reasons of self defense or to keep predators away from livestock — i.e. coyotes trying to eat chickens — then a crime hasn’t been committed.
Finally, gun owners who keep an unsecured weapon in a home where a parent or guardian has given their child permission to have access to a firearm would not be subject to sanction under the legislation.
Anyone in violation of the proposed safe storage law could be charged with a Class 2 misdemeanor, which carried up to 364 days in jail and a fine.
The stolen or lost firearm reporting legislation carries a petty offense punishable by a $25 fine. Second and subsequent offenses would be a Class 3 misdemeanor, which carries a sentence of up to six months in jail.
“This is an awareness bill. It’s about educating gun owners to know where their guns are so we can keep the firearms out of the hands of kinds,” said Rep. Sonya Jaquez Lewis, a Boulder County Democrat who is championing the stolen and lost guns legislation.
A handful of other states also mandate that gun owners report lost or stolen guns, but many give them more time to do so.
“The quicker that firearm owners can let law enforcement know that their firearm is missing, the easier it is for law enforcement to track the gun,” Lewis said.
Rep. Tom Sullivan, a Centennial Democrat and gun control activist whose son, Alex, was killed in the 2012 Aurora theater shooting also is working on Lewis’ legislation.
“We need to define what safe storage is,” Mullica said. “I think overwhelmingly, the majority of gun owners in Colorado safely store their firearms. But some may have a different definition of what safe storage is . We need to have that definition just so we can make sure that we are being consistent and that these firearms are safely being stored.”
If it is signed into law, the safe storage legislation would go into effect on July 1. The lost and stolen firearm measure would go into effect on Aug. 5.
There are no Republicans prime sponsors of the bills, which are expected to receive strong pushback at the Capitol from conservatives and gun rights groups.
Edited: To correct a format error that occurred during the copy/ paste function, for ease in reading.This message has been edited. Last edited by: Modern Day Savage,
The companion bill to the safe storage bill was also introduced by 3 Democrats.
Again, I'm trying to find the time to read this bill.
HB20-1356 Lost Or Stolen Firearms-Concerning the responsibility of an individual firearm owner to report an unaccounted-for firearm.
The bill requires an individual who owns a firearm to report the loss or theft of that firearm to a law enforcement agency within 48 hours after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a petty offense punishable by a twenty-five dollar fine and a second or subsequent offense is a class 3 misdemeanor. The 48-hour reporting requirement does not apply to a licensed gun dealer.
The bill requires a law enforcement agency that receives a report of a lost or stolen firearm to enter information about the lost or stolen firearm into the national crime information center database.
Edited: to correct a format error that occurred during the copy/ paste function to assist in ease in reading.This message has been edited. Last edited by: Modern Day Savage,
Just a reminder that the bill to repeal the Red Flag law and amend the 72 hour mental health hold is scheduled for a hearing tomorrow, Thursday 3-12-20. Please contact your elected reps. and urge them to support this bill. Also, it would be most helpful to have people appear at the hearing and testify, in a show of support.
I realize that attention has been shifted away from the legislature and focused on the current national and state emergency events and restrictions but I thought I would update the thread.
HB20-1271 Repeal Red Flag and Amend 72-hour hold was allowed to die in committee along a party line vote.
Note that due to the emergency the state legislature regular session has been suspended until 30 March.
Small bit of interesting and good news.
Although Arapahoe, Adams, Douglas, and Jefferson counties are now under a "Stay at Home" order, among the institutions and businesses exempted from the order, classified as "Essential" are both "licensed gun stores and ammo retailers".
Cancel last...Governor Polis just declared state-wide Shelter in Place order. At this time I have no info as to if/ how this order affects licensed gun stores and ammo retailers.
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