April 22, 2015

Governor Jared Polis on April 6 signed Senate Bill 26-004, dramatically expanding those eligible to petition courts to confiscate guns under Colorado’s “red flag” law.

DENVER–A series of gun rights restrictions are at various stages in the Colorado’s legislative process, with some bills awaiting action by Gov. Polis, others still in the committee process, and a heavily negotiated gun barrel regulation bill held up in its final reading in the House.

Red flag expansion

Senate Bill 26-004 ‘Expand List of Petitioners for Protection Orders’ passed third reading in the House on March 20 with a 39-24 vote and is awaiting action by Gov. Polis.

The Democrat sponsored bill dramatically expands those eligible to file for an Extreme Risk Protection Order (ERPO) under Colorado’s so-called ‘red flag’ law, to include teachers, health care providers and “institutional petitioners.’

If signed into law, health care facilities, behavioral health treatment facilities, K-12 schools, and higher education institutions will all be eligible to petition courts to seize the guns of those believed to own firearms and who might possible be a danger to themselves and others.

A University of Colorado School of Medicine study found a high rate of rejection for ERPOS filed by non-law enforcement petitioners under the existing law, with a majority of applications filed by family members or romantic partners eventually being rejected after court scrutiny. In total, the data shows about 20% of Colorado petitions result in wrongful confiscation.

New burdens heaped on dealers

Under existing Colorado law, Federal Firearms Licensees (FFLs) must also have a state permit to sell firearms. House Bill 26-1126 requires dealers to obtain a separate permit to transfer forearms. The bill also extends dealer training requirements and prior license violation laws to ‘responsible persons’ of the dealer. This includes anyone who handles, sells, or has access to a firearm as part of their business duties.

Dealers would be required to keep record of all transactions involving a firearm and requires gun stores to implement new security mandates including extended surveillance and a new comprehensive security plan.

Under this legislation the Department of Revenue can heap a $75,000 fine on dealers upon a second or subsequent offense if any section is violated.

The bill passed the House with 27 amendments on March 20 on a 34-28 vote and is scheduled for it’s first hearing in the Senate on April 7.

CBI background checks

House Bill 26-1302 would allow the Colorado Bureau of investigations (CBI) to determine their own hours of operation, rather than functioning every calendar day for 12 hours. Gun rights advocates worry this could lead to a slowdown in transmitting background checks for firearm purchases.

The State, Civic, Military, and Veterans Affairs Committee passed an amendment on March 23 requiring the CBI to process firearm background checks immediately upon obtaining them, despite any waiting periods.

The bill was introduced in late February and passed its third House reading on April 2. The bill now heads to the Senate.

3D printing prohibition

House Bill 26-1144 prohibits the 3D printing of firearms and firearm components. The final bill was watered down to appease Gov. Polis, with a provision to criminalize the selling or distributing of the digital instructions to 3D print a firearm removed.

The bill passed its final reading in the Senate on March 30, with amendments reviewed and approved by the House on April 2.

HB-1144 is awaiting Polis’s signature.

Firearm barrel regulation held up

Democrat sponsored Senate Bill 26-043 ‘Record Keeping and Regulation of Sale of Firearm Barrels,’ requires all firearm barrel sales or transfers to be conducted in person, only by a federally licensed (FFL) dealer. The bill criminalizes private or online firearm barrel transactions, or any non-FFL with the ‘intent to offer or sell’ a barrel.

The bill creates a new age restriction and requires all FFLs to keep and maintain record of all barrel transactions for five years.

SB-43 successfully passed the Senate on March 2, and is currently awaiting its third and final reading in the House. However, the final vote has been continuously pushed back since March 20. With 34 amendments thus far, the legislation has been the source of ongoing negotiations under the Gold Dome in an apparent effort to make the bill presentable to Gov. Polis.

Polis’ office did not respond to Complete Colorado’s request for comment on the barrel bill.