Want the Tl;dr version of the three gun control bills Colorado just introduced? Scroll down to below the graph.
Colorado tends to fly fairly under the radar when it comes to national chatter about gun control. A very libertarian state where guns and weed are common topics of conversation, the last time a major push for gun control took place was in 2013 when expanded background checks and a ban on so-called high capacity magazines passed. That legislation triggered a recall effort that unseated three Democrat legislators and flipped the majority to Republican control in the 2014 general election.
Since that time the only major piece of gun control legislation that has ended up with the governor’s signature was the passage of a Red Flag Extreme Risk Protection Order law in 2019 after similar legislation failed the year prior. The 2020 legislative session was a total meltdown due to COVID and the blessing out of that was gun control was dropped from the agenda. Enter 2021 and the gun control extremists are more motivated than ever to pass more ineffective laws that will do nothing to reduce firearm crime and suicide. Note the chart below shows exactly how the laws Colorado has already passed have had the exact opposite effect than promised. The longer they continue to misdiagnose and mistreat this problem, the longer it will persist.
Already in the first 60 days of the 2021 legislative session, the governor has signed two pieces of gun control: SB21-078 Mandatory Reporting of Lost and Stolen Firearms, and HB21-1106 Mandatory Safe Storage of Firearms. Both of these bills are so poorly written it’s glaringly obvious no one who knows anything about guns even helped to write them as they are full of loopholes. And now, on the tail of the Boulder King Soopers shooting, virtue signaling Democrats have wasted no time exploiting the horrific murders of innocent people by pushing for new laws that they even admit would have done nothing to stop the shooter, but without a doubt make sure it’s harder for law abiding citizens to protect themselves from the evil we continue to face.
Three Gun Control Bills Introduced
On April 29, 2021 a package of three gun control bills were introduced. These bills are being fast tracked, going from committee to debate in the House Chamber on the same day. Ideas so “good” they have to try to hide to proceedings from the public. Here’s the run down of each:
HB21-1298 Expand Firearm Transfer Background Check Requirements
The 2013 background check law already extended the current federal background check requirements to private sales and transfers as well as expanded prohibition to include mental health disqualifiers, dating partners who commit domestic violence, and more. To purchase a firearm in Colorado, the buyer must pass both a NICS background check and a CBI background check.
This new bill would expand upon that even more to include what they consider “Violent Misdemeanors”, with those convicted becoming a prohibited person for 5 years. Of course they always have to go big and include simple harassment (say you caught someone sleeping with your wife and you yelled at them – that’s harassment in Colorado) with more heinous crimes like sexual assault and child abuse. But here’s the kicker – of the list of new 11 qualifying misdemeanors, all but two are a Misdemeanor 3. Why does this matter? Because when form 4473 is completed to submit to a background check, question 21(c) is asked: “Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?” A yes answer on this question is an automatic disqualifier. And both Misdemeanors 1 and 2 carry a maximum penalty of 12 month or more in prison. Misdemeanor 3 carries a maximum of 6 months.
For all my researchers, here are the crimes they are adding, followed by their Colorado Revised Statute (C.R.S.) number, and what level misdemeanor they fall into:
• Assault Third Degree: 18-3-204 – M1
• Menacing: 18-3-206 – M3
• Sexual Assault: 18-3-402 (1)(e) – M1
• Child Abuse: 18-6-401 – M1 7a(V); M2 7b(VI); M2 7b(I); M3 7b(II)
• Violation of Protection Order: 18-6-803.5 – M2 with no prior violations, M1 with prior violations
• Crime Against At Risk Person: 18-6.5-103 – M1
• Harassment: 18-9-111 (1)(a) – M3; M1 if pursuant to 18-9-121(5)(a)&(b)
• Bias Motivated Crime: 18-9-121 – M1
• Cruelty to Animals: 18-9-202 – M1
• Possession of an Illegal Weapon: 18-12-102 – M1
• Unlawfully providing a firearm, other than a handgun, to a juvenile: 18-12-108.7 (3) – M1
This is the only law they claim would have stopped the Boulder shooter, as he bought his firearm legally several days before committing his massacre AND two years prior had been convicted of Third Degree Assault, a M1 that carried up to 18 months in prison. But as I previously mentioned…wouldn’t he already be prohibited based on question 21(c) of his 4473? Why isn’t the Boulder County DA charging him with lying on that form? But it also points to another issue that is never addressed – these background checks systems are only as good as the data put into them.
HB21-1298 also closes what the gun control extremists like to call “The Charleston Loophole”. This so-called loophole allows a FFL to transfer the firearm to the new owner without a background check if the background check is formally delayed for more than 3 days. First, they love to call it the Charleston Loophole so they can exploit more tragedy and ignore the fact the police and FBI knew the Charleston Church Shooter had obtained a firearm when he was prohibited and they did absolutely nothing about it. 6 months later it was used to take lives of innocent people. But giving those same agencies more authority is supposed to fix the problem. And second, FFLs in Colorado don’t transfer guns to those who don’t pass background checks. Call around and ask. There is no shortage of customers who will pass background checks to buy that gun. Additionally, this bill extends the time agencies have to review a background check denial from 30 days to 60 days, and allows for indefinite denial without disposition in certain instances.
PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL!
If you would like to go a step further and email every member of the Colorado House of Representatives (like the gun grabbers do), we’ve divided them up so you can easily send three emails by clicking the links below and connect with every House Rep across the state. Remember, this includes every State House Rep and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!
OPPOSE HB21-1298: (even more) Expanded Firearm Background Checks
CLICK HERE TO EMAIL LAWMAKER GROUP #1
CLICK HERE TO EMAIL LAWMAKER GROUP #2
CLICK HERE TO EMAIL LAWMAKER GROUP #3
HB21-1299 Office Of Gun Violence Prevention
This bill creates a new entity within Colorado Department of Public Health and Environment (CDHPE) called the Office of Gun Violence Prevention. Yes, these are the same unelected bureaucrats who have handled COVID in Colorado for the past year. This new entity would have a director and at minimum two full time employees. The responsibilities of this office will be to “…increase the awareness of, and educate the general public about, state and federal laws and existing resources relating to gun-violence prevention.” That includes how to safely store guns, how to report a lost or stolen weapon, how to access mental health care and how to utilize Colorado’s Red Flag Law. This would be done via campaigns using television, radio, internet, direct mail, etc. The office will also be tasked with collecting “evidence based” gun violence data and providing grants to those wishing to promote gun safety in the community – but again, only those with “evidence based” solutions. The office will also track and publish what local firearm laws are in place across the state, as they assume SB21-256 will pass (read below about this atrocious bill). They are requesting $3 million dollars for fiscal year 2021-2022.
PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL!
If you would like to go a step further and email every member of the Colorado House of Representatives (like the gun grabbers do), we’ve divided them up so you can easily send three emails by clicking the links below and connect with every House Rep across the state. Remember, this includes every State House Rep and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!
OPPOSE HB21-1299: Creates Office of Gun Violence
CLICK HERE TO EMAIL LAWMAKER GROUP #1
CLICK HERE TO EMAIL LAWMAKER GROUP #2
CLICK HERE TO EMAIL LAWMAKER GROUP #3
A few other states have similar offices of gun violence prevention. Three of the most prominent such efforts are New York City Office of Gun Violence Prevention, Marylanders to Prevent Gun Violence, and Illinois Gun Violence Prevention Coalition.
What have been the results?
New York City: Since the creation of the New York City Office of Gun Violence Prevention, the city has gone from being one of the safest urban centers in the country to a return of the Death Wish years. In 2020, shootings increased 97% percent and homicides 44%
Maryland: Baltimore remains one of the most dangerous cities in America. In 2020, compared to Denver which documented 60 gun homicides, Baltimore recorded 298. More people in Baltimore were murdered with guns than in the entire state of Colorado.
Illinois: In 2020, Chicago documented 719 gun homicides, an increase of 55% from 2019. Chicago is the murder capital of the US.
SB21-256 Local Regulation Of Firearms
This bill would essentially repeal and replace the Firearm Preemption Law that has been a cornerstone of gun rights here in Colorado since 2003. It’s what got Boulder’s assault weapon ban overturned – although even the sponsors of this bill have said their ban wouldn’t have stopped the Boulder shooter (and newsflash for them, bans don’t stop murderers). Currently localities and municipalities are barred from creating their own gun laws that are more strict (or less strict) than what is current state law. This is because it is unreasonable to expect firearm owners to know hundreds of different laws as they travel over imaginary county and city lines across Colorado, and anything otherwise would create a whole new class of innocent criminals.
SB21-256 repeals that and replaces it with language allowing localities and municipalities to create their own gun laws BUT only if they are more strict than current state law, “…local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law.”
It also gives counties, municipalities, special districts and colleges the ability for their governing bodies to prohibit conceal carry, “…a local government, including a special district, or the governing board of an institution of higher education many enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government’s or governing board’s jurisdiction.”
PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL!
If you would like to go a step further and email every member of the Colorado State Senate (like the gun grabbers do), we’ve provided a link below. By clicking the link below you can connect with every State Senator across the Colorado. Remember, this includes every State Senator and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!
OPPOSE SB21-256: Local Regulation of Firearms
CLICK HERE TO EMAIL EVERY STATE SENATOR
Two other bills we were expecting to see seem to have received the ax this year. Those would be an Assault Weapons Ban and Mandatory Waiting Periods. You can follow all Colorado gun bills as they make their way through both the house and senate chambers on our Legislative Watch page.
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