Amendments for SB24-131
Senate Journal, March 28
After consideration on the merits, the Committee recommends that SB24-131 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike lines 16 through 20.
Strike pages 3 through 8.
Page 9, strike line 1 and substitute:
"SECTION 2. In Colorado Revised Statutes, add 18-12-105.3 as
follows:
18-12-105.3. Unlawful carrying of a firearm in government
buildings - penalty - definitions. (1) A PERSON SHALL NOT KNOWINGLY
CARRY A FIREARM, WHETHER LOADED OR NOT LOADED, IN ANY OF THE
FOLLOWING LOCATIONS, INCLUDING THEIR ADJACENT PARKING AREAS:
(a) ON THE PROPERTY OF OR WITHIN ANY BUILDING IN WHICH:
(I) THE CHAMBERS, GALLERIES, OR OFFICES OF THE GENERAL ASSEMBLY,
OR EITHER HOUSE THEREOF, ARE LOCATED;
(II) A LEGISLATIVE HEARING OR MEETING OF THE GENERAL ASSEMBLY
IS BEING CONDUCTED; OR
(III) THE OFFICIAL OFFICE OF ANY MEMBER, OFFICER, OR EMPLOYEE OF
THE GENERAL ASSEMBLY IS LOCATED;
(b) UNLESS PERMITTED BY A LOCAL GOVERNMENT, AS DESCRIBED IN
SUBSECTION (4)(b) OF THIS SECTION, ON THE PROPERTY OR WITHIN ANY
BUILDING IN WHICH:
(I) THE CHAMBERS OR GALLERIES OF A LOCAL GOVERNMENT'S
GOVERNING BODY ARE LOCATED;
(II) A MEETING OF A LOCAL GOVERNMENT'S GOVERNING BODY IS BEING
CONDUCTED; OR
(III) THE OFFICIAL OFFICE OF ANY ELECTED MEMBER OF A LOCAL
GOVERNMENT'S GOVERNING BODY OR OF THE CHIEF EXECUTIVE OFFICER OF A
LOCAL GOVERNMENT IS LOCATED; OR
(c) A COURTHOUSE OR ANY OTHER BUILDING OR PORTION OF A
BUILDING USED FOR COURT PROCEEDINGS.
(2) THIS SECTION DOES NOT APPLY TO:
(a) A PEACE OFFICER CARRYING A FIREARM PURSUANT TO THE
AUTHORITY GRANTED IN SECTION 16-2.5-101 (2);
(b) A MEMBER OF THE UNITED STATES ARMED FORCES OR COLORADO
NATIONAL GUARD WHEN ENGAGED IN THE LAWFUL DISCHARGE OF THE
MEMBER'S OFFICIAL DUTIES;
(c) SECURITY PERSONNEL EMPLOYED OR RETAINED BY AN ENTITY THAT
CONTROLS OR OPERATES A PLACE DESCRIBED IN THIS SECTION WHILE ENGAGED
IN THE SECURITY PERSONNEL'S OFFICIAL DUTIES;
(d) LAW ENFORCEMENT PERSONNEL, DEFENSE COUNSEL PERSONNEL,
AND COURT PERSONNEL CARRYING OR POSSESSING A FIREARM IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES AS PART OF THE LAWFUL AND
COMMON PRACTICES OF A LEGAL PROCEEDING; AND
(e) A PERSON WHO HOLDS A VALID PERMIT TO CARRY A CONCEALED
HANDGUN OR A TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT TO PART 2
OF THIS ARTICLE 12 WHO IS CARRYING A CONCEALED HANDGUN IN THE
ADJACENT PARKING AREA OF A LOCATION LISTED IN SUBSECTION (1) OF THIS
SECTION.
(3) A PERSON COMMITS UNLAWFUL CARRYING OF A FIREARM IN A
GOVERNMENT BUILDING IF THE PERSON VIOLATES SUBSECTION (1) OF THIS
SECTION. UNLAWFUL CARRYING OF A FIREARM IN A GOVERNMENT BUILDING IS
A CLASS 1 MISDEMEANOR.
(4) (a) THIS SECTION DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM
ENACTING AN ORDINANCE, REGULATION, OR OTHER LAW PURSUANT TO SECTION
18-12-214 OR 29-11.7-104 THAT PROHIBITS A PERSON FROM CARRYING A
FIREARM IN A SPECIFIED PLACE.
(b) A LOCAL GOVERNMENT MAY ENACT AN ORDINANCE, REGULATION,
OR OTHER LAW THAT PERMITS A PERSON TO CARRY A FIREARM AT PLACE
DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION.
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "GOVERNING BODY" HAS THE SAME MEANING SET FORTH IN SECTION
29-1-102.
(b) "LOCAL GOVERNMENT" MEANS ANY CITY, COUNTY, CITY AND
COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THIS STATE,
OR ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY THEREOF.
SECTION 3. In Colorado Revised Statutes, 18-12-105.5, amend
(1)(a), (1)(b)(II), (3) introductory portion, (3)(d.5), and (3)(h); repeal (3)(d);
and add (1)(a.5), (3)(i), and (3)(j) as follows:
18-12-105.5. Unlawfully carrying a weapon - unlawful possession
of weapons - school, college, or university grounds. (1) (a) A person shall
not knowingly and unlawfully and without legal authority carry, bring, or have
in the person's possession a deadly weapon as defined in section 18-1-901 (3)(e)
THAT IS NOT A FIREARM in or on the real estate and all improvements erected
thereon of any public or private elementary, middle, junior high, high, or
vocational school or any public or private college, university, or seminary;
except for the purpose of presenting an authorized public demonstration or
exhibition pursuant to instruction in conjunction with an organized school or
class, for the purpose of carrying out the necessary duties and functions of an
employee of an educational institution that require the use of a deadly weapon
THAT IS NOT A FIREARM, or for the purpose of participation in an authorized
extracurricular activity or on an athletic team.
(a.5) A PERSON SHALL NOT KNOWINGLY CARRY A FIREARM, EITHER
OPENLY OR CONCEALED, IN OR ON THE REAL ESTATE AND ALL IMPROVEMENTS
ERECTED THEREON OF ANY PUBLIC OR PRIVATE PRESCHOOL; PUBLIC OR PRIVATE
ELEMENTARY, MIDDLE, JUNIOR HIGH, HIGH, OR VOCATIONAL SCHOOL; OR ANY
PUBLIC OR PRIVATE COLLEGE, UNIVERSITY, OR SEMINARY; EXCEPT FOR THE
PURPOSE OF PRESENTING AN AUTHORIZED PUBLIC DEMONSTRATION OR
EXHIBITION PURSUANT TO INSTRUCTION IN CONJUNCTION WITH AN ORGANIZED
SCHOOL OR CLASS, FOR THE PURPOSE OF CARRYING OUT THE NECESSARY DUTIES
AND FUNCTIONS OF AN EMPLOYEE OF AN EDUCATIONAL INSTITUTION THAT
REQUIRE THE USE OF A FIREARM, OR FOR THE PURPOSE OF PARTICIPATION IN AN
AUTHORIZED EXTRACURRICULAR ACTIVITY OR ON AN ATHLETIC TEAM.
(b) (II) A person who violates subsection (1)(a) SUBSECTION (1)(a.5) of
this section commits a class 5 felony if the weapon involved is a firearm, as
defined in section 18-1-901 CLASS 1 MISDEMEANOR.
(3) It shall not be IS NOT an offense under this section if:
(d) The person, at the time of carrying a concealed weapon, held a valid
written permit to carry a concealed weapon issued pursuant to section
18-12-105.1, as said section existed prior to its repeal; except that it shall be an
offense under this section if the person was carrying a concealed handgun in
violation of the provisions of section 18-12-214 (3); or
(d.5) The weapon involved was a handgun, and the person held a valid
permit to carry a concealed handgun or a temporary emergency permit issued
pursuant to part 2 of this article, except that it shall be an offense under this
section if the person was carrying a concealed handgun in violation of the
provisions of ARTICLE 12, AND THE PERSON IS CARRYING THE HANDGUN:
(I) ON THE REAL PROPERTY, OR INTO ANY IMPROVEMENTS ERECTED
THEREON, OF A PUBLIC ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL
IN ACCORDANCE WITH THE AUTHORITY GRANTED PURSUANT TO section
18-12-214 (3); or
(II) IN A PARKING AREA OF A PRESCHOOL OR A PUBLIC OR PRIVATE
COLLEGE, UNIVERSITY, OR SEMINARY; OR
(h) The person has possession of the weapon for use in an educational
program approved by a school, which program includes, but shall not be IS NOT
limited to, any course designed for the repair or maintenance of weapons; OR
(i) THE WEAPON INVOLVED IS A FIREARM; THE PERSON CARRYING THE
FIREARM IS EMPLOYED OR RETAINED AS SECURITY PERSONNEL BY A PRESCHOOL
OR A PUBLIC OR PRIVATE COLLEGE, UNIVERSITY, OR SEMINARY; AND THE PERSON
IS CARRYING THE FIREARM WHILE ENGAGED IN THE PERSON'S OFFICIAL DUTIES
AS SECURITY PERSONNEL; OR
(j) A PRESCHOOL IS ON THE SAME REAL ESTATE AS ANOTHER BUILDING
OR IMPROVEMENT THAT IS NOT A SCHOOL AND THAT IS OPEN TO THE PUBLIC AND
THE PERSON IS CARRYING A FIREARM ON AN AREA OF REAL ESTATE OR ANY
IMPROVEMENT THEREON THAT IS NOT DESIGNATED AS A PRESCHOOL.
SECTION 4. In Colorado Revised Statutes, 1-13-724, amend
(1)(a)(III), (1)(b)(I), (3)(a), (3)(b), (3)(c) introductory portion, and (3)(c)(I) as
follows:
1-13-724. Unlawfully carrying a firearm at a polling location or
drop box - exception - legislative declaration. (1) (a) The general assembly
finds and declares that:
(III) Openly carried Firearms in or near a polling location or drop box
may intimidate, threaten, or coerce voters, affecting Coloradans' exercise of
their voting rights; and
(b) The general assembly further declares that:
(I) Regulating openly carried firearms at polling locations and drop
boxes is substantially related to the general assembly's interest in ensuring all
Colorado voters have the right to vote in an environment that is safe FROM GUN
VIOLENCE and free from intimidation;
(3) (a) It is unlawful for any person to openly carry a firearm, as defined
in section 18-1-901 (3)(h), within any polling location, or within one hundred
feet of a drop box or any building in which a polling location is located, as
publicly posted by the designated election official, on the day of any election or
during the time when voting is permitted for any election. The designated
election official responsible for any central count facility, polling location, or
drop box involved in that election cycle shall visibly place a sign notifying
persons of the one-hundred-foot no open carry zone for firearms required
pursuant to this section.
(b) It is unlawful for any person to openly carry a firearm, as defined in
section 18-1-901 (3)(h), within a central count facility, or within one hundred
feet of any building in which a central count facility is located, during any
ongoing election administration activity related to an active election conducted
by the designated election official, as publicly posted by the designated election
official.
(c) This subsection (1) SUBSECTION (3) does not apply to:
(I) A person who openly carries a firearm that the person owns on the
person's private property that is within the one-hundred-foot buffer zone or
while traveling directly between the person's private property and a place
outside the one-hundred-foot buffer zone; or
SECTION 5. In Colorado Revised Statutes, 18-12-105, amend (1)
introductory portion, (1)(c), and (2) introductory portion; and add (2)(b.5) as
follows:
18-12-105. Unlawfully carrying a concealed weapon - unlawful
possession of weapons. (1) A person commits a class 1 misdemeanor if such
THE person knowingly and unlawfully:
(c) Without legal authority, carries, brings, or has in such THE person's
possession a firearm or any explosive, incendiary, or other dangerous device on
the property of or within any building in which the chambers, galleries, or
offices of the general assembly, or either house thereof, are located, or in which
a legislative hearing or meeting is being or is to be conducted, or in which the
official office of any member, officer, or employee of the general assembly is
located.
(2) It shall not be IS NOT an offense PURSUANT TO THIS SECTION if the
defendant was:
(b.5) CARRYING A CONCEALED FIREARM AT A SPECIFIC LOCATION IN
VIOLATION OF SECTION 1-13-724, 18-12-105.3, OR 18-12-105.5.
SECTION 6. In Colorado Revised Statutes, 18-12-214, amend (3.5)
as follows:
18-12-214. Authority granted by permit - carrying restrictions -
local authority. (3.5) A permit issued pursuant to this part 2 does not authorize
a person to carry a concealed handgun:
(a) Onto the real property, or into any improvements erected thereon,
of a PRESCHOOL OR A public OR PRIVATE college, or university, if the carrying
of concealed handguns is prohibited by the governing board of the college or
university OR SEMINARY IN VIOLATION OF SECTION 18-12-105.5;
(b) IN A GOVERNMENT BUILDING IN VIOLATION OF SECTION 18-12-105.3;
(c) AT A POLLING LOCATION, DROP BOX, OR CENTRAL COUNT FACILITY,
IN VIOLATION OF SECTION 1-13-724.".
Renumber succeeding sections accordingly.
Page 1, strike line 102 and substitute "SPACES RECOGNIZED BY THE UNITED
STATES SUPREME COURT AS PLACES AT WHICH LONGSTANDING LAWS
PROHIBITED CARRYING FIREARMS.".
Senate Journal, April 2
SB24-131 by Senator(s) Jaquez Lewis and Kolker, Cutter, Fields, Sullivan; also Representative(s)
Brown and Lindsay, Froelich--Concerning prohibiting carrying a firearm in sensitive
spaces.
Senator Van Winkle moved to amend the Report of the Committee of the Whole to show
that the following Van Winkle floor amendment, (L.014) to SB24-131, did pass.
Amend the Judiciary Committee Report, dated March 27, 2024, page 3, line
17, strike "PRESCHOOL;" and substitute "PRESCHOOL OR".
Page 3, lines 18 and 19, strike "SCHOOL; OR ANY PUBLIC OR PRIVATE
COLLEGE, UNIVERSITY, OR SEMINARY;" and substitute "SCHOOL,".
Page 3, line 42, strike "HANDGUN:" and substitute "HANDGUN ON THE REAL
PROPERTY, OR INTO ANY IMPROVEMENTS".
Page 3, strike line 43.
Page 4, strike lines 4 and 5.
Page 4, lines 12 and 13, strike "PRESCHOOL OR A PUBLIC OR PRIVATE
COLLEGE, UNIVERSITY, OR SEMINARY;" and substitute "PRESCHOOL;".
Page 5, lines 28 and 29, strike "amend (3.5)" and substitute "add (3.7)".
Page 5, strike lines 31 through 37 and substitute:
"- local authority. (3.7) A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES
NOT AUTHORIZE A PERSON TO CARRY A CONCEALED HANDGUN:
(a) ONTO THE REAL PROPERTY, OR INTO ANY IMPROVEMENTS ERECTED
THEREON, OF A PRESCHOOL IN VIOLATION OF SECTION 18-12-105.5;".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 13 NO 22 EXCUSED 0 ABSENT 0
Baisley Y Ginal N Marchman N Simpson Y
Bridges N Gonzales N Michaelson N Smallwood Y
Buckner N Hansen N Mullica N Sullivan N
Coleman N Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter N Jaquez N Pelton R. Y Will Y
Danielson N Kirkmeyer Y Priola N Winter F. N
Exum N Kolker N Rich Y Zenzinger N
Fields N Liston Y Roberts N President N
Gardner Y Lundeen Y Rodriguez N
House Journal, April 26
5 Amendment No. 1, by Representative Brown:
6
7 Amend reengrossed bill, page 4, line 3, after "SECTION" insert "AND
8 SECURITY PERSONNEL DESCRIBED IN SECTION 24-33.5-216.7 (5)".
9
10 Page 4, after line 13 insert:
11 "(2.3) (a) ON AND BEFORE JANUARY 4, 2025, SUBSECTION (1)(a)
12 OF THIS SECTION DOES NOT APPLY TO A MEMBER OF THE GENERAL
13 ASSEMBLY.
14 (b) THIS SUBSECTION (2.3) IS REPEALED, EFFECTIVE JANUARY 5,
15 2025.".
16
17 Page 4, after line 24 insert:
18 "(5) NOTHING IN THIS SECTION PROHIBITS A PERSON FROM
19 SECURELY STORING A FIREARM IN A VEHICLE, AS REQUIRED BY STATE LAW,
20 THAT IS AT A LOCATION DESCRIBED IN THIS SECTION.".
21
22 Renumber succeeding subsection accordingly.
23
24 Page 6, line 23, before "HANDGUN:" insert "CONCEALED".
25
26 Page 7, lines 18 and 19, strike "(3)(c) introductory portion, and (3)(c)(I)"
27 and substitute "and (3)(c)".
28
29 Page 8, line 23, strike "or" and substitute "or
30 (II) A uniformed security guard employed by a contract security
31 agency, as defined in section 24-33.5-415.4, acting within the scope of
32 the authority granted by and in the performance of a contractual
33 agreement for the provision of security services with a person or entity
34 that owns or controls the facility, building, or location subject to this
35 section; OR
7 36 (III) SECURITY PERSONNEL DESCRIBED IN SECTION 24-33.5-216.
37 (5) WHILE ENGAGED IN THE SECURITY PERSONNEL'S OFFICIAL DUTIES.".
38
39 Amendment No. 2, by Representative Garcia:
40
41 Amend reengrossed bill, page 5, line 7, strike "and (3)(j)" and substitute
42 "(3)(j), and (4)".
43
44 Page 5, line 9, strike "grounds." and substitute "grounds - definition.".
45
46 Page 5, lines 24 and 25, strike "PUBLIC OR PRIVATE PRESCHOOL;" and
47 substitute "LICENSED CHILD CARE CENTER;".
48
49 Page 7, line 1, strike "PRESCHOOL" and substitute "LICENSED CHILD CARE
50 CENTER".
51
52 Page 7, line 9, strike "PRESCHOOL" and substitute "LICENSED CHILD CARE
53 CENTER".
54
55
1 Page 7, line 12, strike "PRESCHOOL" and substitute "LICENSED CHILD CARE
2 CENTER".
3
4 Page 7, line 16, strike "PRESCHOOL." and substitute "LICENSED CHILD
5 CARE CENTER.".
6
7 Page 7, after line 16, insert:
8 "(4) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
9 REQUIRES, "LICENSED CHILD CARE CENTER" MEANS A CHILD CARE CENTER,
10 AS DEFINED IN SECTION 26.5-5-303 (3), THAT IS LICENSED BY THE
11 DEPARTMENT OF EARLY CHILDHOOD OR IS EXEMPT FROM LICENSING
12 PURSUANT TO SECTION 26.5-5-304 (1)(b), AND THAT OPERATES WITH
13 STATED EDUCATIONAL PURPOSES. "LICENSED CHILD CARE CENTER" DOES
14 NOT INCLUDE A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION
15 26.5-5-303 (7).".
16
17 Page 9, line 20, strike "PRESCHOOL" and substitute "LICENSED CHILD CARE
18 CENTER, AS DEFINED IN SECTION 18-12-105.5,".
19
20 As amended, ordered revised and placed on the Calendar for Third
21 Reading and Final Passage.
22