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An effort to repeal Colorado’s law limiting so-called large-capacity ammunition magazines and two other pro-gun measures will be heard Wednesday, March 17, in the Colorado House of Representatives’ State, Civic, Military & Veterans Affairs Committee.
Only four Republicans sit on the committee chaired by Democrat Chris Kennedy and vice chair Democrat Steven Woodrow, likely giving the bills little chance of proceeding.
The three bills are scheduled to be heard at 1:30 p.m.
House Bill 21-1070, by Rep. Ron Hanks, R-Penrose, would repeal the prohibition for the sale, transfer or possession of certain large-capacity ammunition magazines and would also repeal the requirement large-capacity ammunition magazines manufactured in the state on or after July 1, 2013, include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013. Some argue it is a draconian measure that says a stamp is required for a magazine that can’t be sold, transferred or possessed.
Last year, a similar law in California was overturned. That bill limited firearms owners to magazines with 10 rounds of ammunition. An Associated Press report last month detailed the court could reconsider the prior ruling.
Presently, it is a Class 2 misdemeanor in Colorado to sell, transfer or possess a large capacity magazine if the person did not own it prior to July 1, 2013. Nine such persons have been convicted of the crime from 2018-2020. Further, a person commits a Class 6 felony if the individual possesses a large-capacity magazine while committing any felony or crime of violence. From 2018-2020, there were three persons sentenced for possessing a large-capacity magazine while committing a felony or crime of violence.
House Bill 21-1038, by Rep. Patrick Neville, R-Littleton, would allow concealed handgun permit holders to possess concealed handguns on school grounds. The bill would remove restrictions that prevent concealed handgun permit holders from lawfully carrying on public elementary, middle, junior high or high school grounds.
Presently, a concealed handgun permit holder commits a Class 6 felony by carrying a concealed handgun onto the property of a public school. Fourty-four persons from 2018-2020 have been convicted and sentenced for the offense.
Neville was a student and survivor of the Columbine High School shooting in 1999. He’s a proponent of gun-rights and the 2nd Amendment.
Proponents of similar legislation in other states have argued schools become a soft target for active shooters when they are gun-free zones.
House Bill 21-1082, by Rep. Hugh McKean, R-Loveland, allows a concealed handgun permit-holder to present the permit as an alternative to a background check required for a firearms transfer, and would prohibit a sheriff from issuing a concealed carry permit without the results of a background check.
The bill effectively eliminates duplication of process on federally-licensed firearms dealers, who are required by federal law to conduct background checks of applicants for firearms transfers through the National Instant Criminal Background Check System (NICS).
Under this law, federally-licensed firearms dealers would not be required to conduct the check if the person seeking the transfer presents a state license or permit that is recognized by the ATF. The permit must have been issued in the prior five years and the state must have conducted an NICS background check prior to issuing the permit.
The option would not extend to a permit holder from another state that is otherwise recognized in Colorado.
Additionally, as is required in an NICS check, the transferee who presents an accepted permit must attest, in writing, that the person has not, since the issuance of the permit, been convicted of a crime of domestic violence or been treated for a mental health condition, or is otherwise ineligible to possess a firearm pursuant to state or federal law.
The National Rifle Association’s Institute for Legislative Action has supported all three bills.
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