2013 Gun Legislation
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB13-1043Modify Definition Of Deadly Weapon FOOTE Under current law, for the purposes of criminal law, a deadly weapon is defined as a firearm, whether loaded or unloaded; a knife; a bludgeon; or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used is capable of producing death or serious bodily injury. The bill modifies this definition so that a firearm, whether loaded or unloaded, qualifies as a deadly weapon regardless of the manner in which it is used or intended to be used. 03/15/2013 Governor Action - Signed
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HB13-1085Change Possession Of Weapons By Previous Offender BUCK / RENFROE Under current law the crime of possession of weapons by previous offenders applies to all felony convictions. The bill limits the felony application to felonies under the victim's rights act, burglary, arson, or any felony involving the use of force or the use of a deadly weapon. 04/02/2013 House Committee on Judiciary Postpone Indefinitely
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HB13-1162Concealed Handgun Carry No Permit HOLBERT / HILL The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school. 02/19/2013 House Committee on Judiciary Postpone Indefinitely
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HB13-1169No Background Check With Concealed Carry Permit HUMPHREY / BROPHY The bill allows a person to satisfy federal and state background check requirements for the transfer of a firearm by presenting a valid Colorado concealed handgun permit. The bill amends the application procedure for concealed handgun permits to satisfy federal criminal background check requirements. On or before October 1, 2013, the Colorado bureau of investigation shall establish and make available to each sheriff in the state a template for permits to carry concealed handguns. On and after January 1, 2014, each sheriff of the state shall ensure that each permit that he or she issues or renews conforms to the template. 02/18/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB13-1170Policies Allowing Concealed Carry In Public School HUMPHREY / HILL The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun. 02/19/2013 House Committee on Judiciary Postpone Indefinitely
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HB13-1187No New Federal Firearm Laws LANDGRAF / LUNDBERG A statute, order, rule, or regulation of the U.S. government that becomes effective on or after January 1, 2013, shall be unenforceable within Colorado if the statute, rule, or regulation purports to impose a prohibition, restriction, or limitation upon the possession of a firearm, firearm accessory, or ammunition, including but not limited to a capacity or size limitation or a registration requirement, that does not exist under the laws of this state. An employee or agent of the U.S. government who enforces or attempts to enforce a statute, rule, or regulation of the U.S. government in violation of the provisions of the bill commits a class 1 misdemeanor. The attorney general may defend a Colorado resident who is prosecuted by the U.S. government for an alleged offense in violation of the provisions of the bill. 02/18/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB13-1224Prohibiting Large-capacity Ammunition Magazines FIELDS / HODGE The bill prohibits the sale, transfer, or possession of an ammunition feeding device that is capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells (large-capacity magazine). A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on the effective date of the bill and maintains continuous possession of the large-capacity magazine. A person who sells, transfers, or possesses a large-capacity magazine in violation of the new provision commits a class 2 misdemeanor. A large-capacity magazine that is manufactured in Colorado on or after the effective date of the bill must include a serial number and the date upon which the large-capacity magazine was manufactured or assembled. The serial number and date must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after the effective date of the bill to bear identifying information in addition to the serial number and date of assembly. A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor. 03/20/2013 Governor Action - Signed
NOT ON CALENDARColorado House passes gun-control bills
HB13-1226No Concealed Carry At Colleges LEVY / HEATH Under current law, a person who possesses a valid permit to carry a concealed handgun (permit) may do so in all areas of the state, with certain exceptions. The bill creates a new exception stating that a permit does not authorize a permit holder to possess a concealed handgun:
* In any building or structure, or any portion thereof, that is used by a public institution of higher education for any purpose;
* In any stadium or arena that is used by a public institution of higher education to host events, including but not limited to athletic and extracurricular events and graduation ceremonies; or
* At an outdoor, institution-sponsored event on the campus of the institution at which the chief administrator of the institution's campus, in consultation with the chief officer of the institution's campus safety agency, has elected to prohibit the carrying of firearms. A permit holder who is employed or retained by contract by a public institution of higher education as a security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of the public institution of higher education while the permittee is on duty. 
03/08/2013 Senate Second Reading Laid Over to 05/10/2013
NOT ON CALENDARCampus gun bill advances, tax credits don't
HB13-1228Payment For Background Checks For Gun Transfers COURT / HEATH The Colorado bureau of investigation (CBI) shall impose a fee for performing an instant criminal background check pursuant to the transfer of a firearm. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by CBI in performing the background check. The amount collected as fees shall be transferred to the state treasurer for credit to the instant criminal background check cash fund (fund), which fund is created in the bill. 03/20/2013 Governor Action - Signed
NOT ON CALENDARColorado House passes gun-control bills
HB13-1229Background Checks For Gun Transfers FIELDS / CARROLL Unless a specified exception applies, before any person who is not a licensed gun dealer transfers or attempts to transfer possession of a firearm, he or she shall:
* Require that a background check be conducted of the prospective transferee; and
* Obtain approval of the transfer from the Colorado bureau of investigation (bureau) after a background check has been requested by a licensed gun dealer. A prospective firearm transferor shall arrange for the services of one or more licensed gun dealers to obtain a background check. A prospective firearm transferee shall not accept possession of a firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer. A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm. A person who violates the new provisions commits a class 1 misdemeanor. Under current law, the clerk of the court of every judicial district and probate court in the state must periodically report to the national instant criminal background check system subject to specified court orders relating to mental health or substance abuse. The bill requires the clerk of the court to also report this information to the Colorado bureau of investigation. A court, upon becoming aware that the basis upon which a record of a mentally ill person reported by the clerk of the court does not apply or no longer applies, shall:
* Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and
* Notify the attorney general that such basis does not apply or no longer applies. The bill sets forth a judicial process whereby a person who has been prohibited from possessing a firearm may apply or petition for relief from federal firearms prohibitions, as permitted by federal law. In granting relief to a petitioner, the court shall issue findings that:
* The petitioner is not likely to act in a manner that is dangerous to public safety; and
* Granting relief to the petitioner is not contrary to the public interest. If the court denies relief to a petitioner, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. In reviewing a denial, the court of appeals may receive additional evidence necessary to conduct an adequate review. 
03/20/2013 Governor Action - Signed
NOT ON CALENDARColorado House passes gun-control bills
SB13-009School Board Policies Allowing Concealed Carry RENFROE / SAINE The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun. 01/28/2013 Senate Committee on Judiciary Postpone Indefinitely
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SB13-062Require Security At No-firearms Businesses LAMBERT / SAINE A private business entity shall be liable for damages in any civil action brought by an invitee if:
* The private business entity holds itself open to the public;
* The private business entity prohibits the carrying of firearms, whether concealed or open, on the premises of the business, where such carrying would otherwise be permitted under law;
* The private business entity fails to employ on the premises of the business at least 1 on-duty security officer, who is armed with a firearm, for each 50 persons who are present on the premises of the business; and
* The invitee incurs said damages as a result of actions taken by another person, against whose actions the invitee could have defended himself or herself with a firearm in the absence of the private business entity's prohibition against the carrying of firearms. "Private business entity" includes, but is not limited to, a tax-exempt, not-for-profit entity that conducts retail sales or provides retail services to the public. 
01/30/2013 Senate Committee on Judiciary Postpone Indefinitely
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SB13-140No Federal Laws Concerning Colorado Firearms MARBLE / SAINE An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado. A statute, rule, or regulation of the United States government that becomes effective on or after January 1, 2013, shall be unenforceable within the borders of Colorado if the statute, rule, or regulation purports to:
* Ban or restrict ownership of a semi-automatic firearm or ammunition magazine;
* Require any firearm, ammunition magazine, or firearm accessory to be registered in any manner;
* Restrict a Colorado resident from purchasing any firearm from a licensed firearms dealer or a private seller in another state; or
* Restrict a resident from another state who visits Colorado from purchasing or possessing any firearm. The attorney general may defend a resident of Colorado who is prosecuted by the United States government for a violation of federal law relating to the manufacture, transfer, or possession of a firearm, an ammunition magazine, ammunition, or a firearm accessory if the firearm, ammunition magazine, ammunition, or firearm accessory at issue:
* Was manufactured commercially or privately within Colorado or purchased from any licensed firearms dealer or private party in Colorado or in another state; and
* Remained exclusively within the borders of Colorado. An employee or agent of the United States government who enforces or attempts to enforce a statute, rule, regulation, order, action, or act of the United States government commits a class 1 misdemeanor if the statute, rule, or regulation relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado. 
04/01/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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SB13-195No On-line Training For Concealed Handgun Permits TOCHTROP / MAY Under current law, an applicant for a concealed handgun permit is required to demonstrate competence with a handgun. An applicant may demonstrate such competence through various means, including the submission of a training certificate showing that the applicant has completed a handgun training class. The bill provides that, for the purpose of the concealed handgun application process, a "handgun training class" does not include any firearms safety course that allows a person to complete any portion of the course:
* Via the internet or an electronic device; or
* In any location other than the physical location where the certified instructor offers the course. 
05/25/2013 Governor action - signed
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SB13-196Assault Weapon Responsibility Act MORSE / FIELDS The bill concerns liability for the discharge of an assault weapon. It defines an assault weapon as any firearm except:
* Handguns;
* Shotguns; and
* Bolt-action rifles. The bill establishes strict liability against a person who discharges an assault weapon for damages caused by the discharge. It creates an exception for damages occurring within a dwelling if the assault weapon was used to defend the person or others from another person who was about to use physical force against the person or another person within the dwelling. The bill establishes certain exceptions to liability for an owner of an assault weapon. The bill establishes liability for a person who owns, obtains, or possesses an assault weapon for damages caused by the discharge of the assault weapon by a third person if the person was negligent in storing the assault weapon or allowing a third party to come into possession of the assault weapon. The bill establishes liability for a seller and transferor of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person:
* Negligently entrusted the assault weapon to a third party whom the person knew or reasonably should have known might use the weapon to cause bodily injury to the third party or others; or
* Sold or transferred the assault weapon in violation of any state or federal law. The bill establishes liability for a seller, distributor, or manufacturer of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person sold or transferred the assault weapon in violation of any state or federal law. The bill requires sellers, distributors, and manufacturers to:
* Use the highest degree of care in selling, transferring, distributing, and storing assault weapons; and
* To receive information to have reasonable grounds to believe that the weapon will not be possessed by a person who may use it dangerously or unlawfully. The bill specifies that failure to do so constitutes a violation of state law. The bill repeals the statutes that prohibit certain civil actions from being brought against manufacturers of firearms and ammunition. 
03/08/2013 Senate Second Reading Laid Over to 05/10/2013
NOT ON CALENDARColorado lawmaker proposes liability law for assault weapons owners, sellers
SB13-197No Firearms For Domestic Violence Offenders HUDAK / MCCANN When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, the court shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control. In the case of a person who is served in court with a protection order to prevent domestic violence, and in the case of a person who is served with a mandatory protection order prohibiting the person from possessing or controlling firearms or other weapons, the person must relinquish any firearm or ammunition within 24 hours. In the case of a person who is served outside of the court with a protection order to prevent domestic violence, the person must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable. To satisfy the requirement, the person may:
* Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer;
* Arrange for the storage of the firearm or ammunition by a law enforcement agency; or
* Sell or transfer the firearm or ammunition to a private party; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system. If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court, as a condition of the person's sentence, shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the person may be released from such incarceration or custody. If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:
* From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the person and the transferee; and
* From the licensed gun dealer who requests from the Colorado bureau of investigation a background check of the transferee, a written statement of the results of the background check. If a local law enforcement agency elects to store firearms or ammunition for a person:
* The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; and
* The agency may establish policies for disposal of abandoned or stolen firearms or ammunition. A federally licensed firearms dealer who takes possession of a firearm or ammunition, and a law enforcement agency that stores a firearm or ammunition, shall issue a receipt to the person who transfers possession of the firearm or ammunition. Not more than 3 calendar days after relinquishing the firearm or ammunition, the person shall file a copy of the receipt with the court as proof of the relinquishment. A person who fails to timely file a receipt commits a class 2 misdemeanor. A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order. 
06/05/2013 Governor Action - Signed
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