Conference vmsnet::hunting$note:hunting

596.0. "Colorado SB 93 could screw the hunters" by CXCAD::COLECCHI () Tue Jan 30 1990 11:41

    Fellow hunters, especially those of you who maybe considering a
    hunting trip to Colorado, This new law could have a major impact
    on your hunting trip here. Here is a possible scenario which
    could happen. If your gun breaks while you are here hunting
    and you didn't bring a backup with you, You could not purchase a
    replacement here in colorado for as long as 21 days from your
    application for permission  to purchase a new long gun to replace
    your broken one. By that time the hunting season is over and you
    are out $XXXX.xx. Especially you out of staters this could ruin
    a chance at a trophy size elk. Please phone ASAP to express your
    displeasure with this bill and tell them why. Tell them you are
    considering going to Wyoming to hunt because of this. 
    
    Here are the names and phone numbers of the judicary committee which
    is voting on this bill.
    
    303-866-4866	Republican Senate Office
    
    			Senator Wham
    			Senator Schaffer
    			Senator Allison
    			Senator Considine
    			Senator McCormick
    			Senator Hume
    
    303-866-4865	Democratic Senate Office
    			Senator Groff
    			Senator Gallgher
    			Senator Mendez
    
    This is the most restrictive gun Bill in the country at this time
    It affects ALL Firearms. I will post addresses later for those of
    you who care to write. Colorado is not booming economically and
    Hunting brings more money that the Skiing industry so I've been
    told. 
    
    the copy of the bill follows.
    Thanks in advance for your help
    
    John Colecchi
    
    
                <<< COMET::COMET$DISK6:[NOTES$LIBRARY]COLORADO.NOTE;5 >>>
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Note 1065.0   Colorado SB 93 - Ask Permission to buy *ANY* Firearm    53 replies
COOKIE::BERENSON "Words are a deadly weapon"        346 lines  23-JAN-1990 16:03
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NOTE: The following law impacts EVERYONE who would consider the purchase
of any kind of firearm.  It is Colorado SB 93.
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BY SENATORS Pascoe, Fenlon, Gallagher, Groff, Mendez, Peterson and
Sandoval;
also REPRESENTATIVE Mares.

CONCERNING THE ACQUISITION OF FIREARMS.

		Bill Summary

Requires that all persons obtain a letter of authorization from a local
law enforcement agency in order to purchase any firearm or assault
weapon.  Makes it a crime to purchase any firearm or assault weapon
without a letter of authorization or to sell a firearm or assault weapon
to any person without a letter of authorization.   Provides penalties
for such crimes.  Outlines procedures for obtaining a letter of
authorization and procedures to be followed in purchasing and selling
firearms and assault weapons.  Requires the department of public safety
to promulgate rules and regulations for conducting a firearms safety
course.  Makes conforming amendments.


		FIREARMS SAFETY ACT

Short title.  This part 2 shall be known and and may be cited as the
Firearms Safety Act.

Legislative declaration.  The general assembly hereby declares that the
safe use of firearms and assault weapons by the citizens of the state is
a desirable goal in order to prevent unnecessary deaths or injuries. 
Therefore, in order to assure that each person who owns a firearms or
assault weapon is educated in the safe operation of such firearm or
assault weapon and the duties and responsibilities of firearm or assault
weapon ownership and in order to prevent felons and persons afflicted
with mental illness from obtaining possession of firearms or assault
weapons, the general assembly hereby enacts this part 2.


Purchase of firearms or assault weapons - prohibited unless purchaser
obtains letter of authorization from law enforcement agency.  

(1) On and after July 1, 1990, no person shall purchase any firearms or
assault weapon, from any other person unless such purchaser, prior to
such purchase, obtains a letter of authorization from a law enforcement
agency as described in section nnn and delivers such letter of
authorization to the seller of the firearms of assault weapon.

(2) subsection (1) of this section shall not apply to the acquisition of
firearms or assault weapons by any person who is a licensed dealer,
licensed importer, or licensed manufacturer as defined in nnn.

(3) subsection (1) of this section shall not apply to the acquisition of
firearms or assault weapons by any person who is a pawnbroker as
defined in section nnn.

(4) subsection (1) of this section shall not apply to the acquisition of
firearms or assault weapons by any federal, state, or local law
enforcement agency.

(5) Any person who violates any provision of this section commits the
offense of illegal purchase of a firearms.

(6) Illegal purchase of a firearm is a class 2 misdemeanor.

(7) For the purposes of subsections (5) and (6) of this section
"firearms" means any firearms as defined in section nnnn or any assault
weapon as defined in section nnn.


Sale of firearms or assault weapons - prohibited unless seller complies
with certain requirements.  

(1) On and after July 1, 1990, no person shall sell any firearms or
assault weapon, or attempt to sell any firearm or assault weapon, to any
other person, except any person described in section nnn (2), (3), or
(4), unless such seller complies with each of the following
requirements:

(a) The seller shall require the proposed purchaser to produce either a
written certificate that such proposed purchaser has successfully
completed a firearms safety course approved by the executive director of
the department of public safety pursuant to section nnn or a hunter
education certificate issued by the department of natural resources,
division of wildlife, pursuant to section nnn.

(b) The seller shall require the proposed purchaser to deliver to such
seller a letter of authorization to purchase a firearm or assault weapon
issued pursuant to section nnn.  The seller shall keep such letter of
authorization in his permanent records.

(2) Any person who violates any provision of this section commits the
offense of illegal sale of a firearm.

(3) Illegal sale of a firearms is a class 2 misdemeanor.

(4)  For the purposes of subsections (2) and (3) of this section, 
"firearm" means any firearm as defined in section nnn, or any assault
weapon as defined in section nnn.


Purchase of firearms or assault weapons - letter of authorization -
application to local law enforcement agency.

(1)(a) On and after July 1, 1990, any person, prior to purchasing any
firearm as defined in section nnn or any assault weapon as defined in
section nnn, shall apply for a letter of authorization to purchase such
firearm or assault weapon.  In the case of residents of the state of
Colorado, such application shall be made to the local law enforcement
agency which has jurisdiction over the place of residence of the
application.  If the applicant resides within the corporate limits of
any city or the city and county of Denver, such application shall be
made to the chief of police of the city or city and county in which he
resides.   If the application resides outside the corporate limits of
any city, such application shall be made to the county sheriff of the
county in which he resides.

(b) A letter of authorization to purchase a firearm or assault weapon
which is issued to a resident of the State of Colorado may be used to
purchase a firearm or assault weapon anywhere within the state.

(c)  In the case of persons who do not reside within the State of
Colorado, such application shall be made to the local law enforcement
agency which has jurisdiction over the place where the applicant intends
to purchase the firearms or assault weapon.  If the application intends
to purchase any firearms or assault weapon within the corporate limits
of any city or the city and county of Denver, such application shall be
made to the chief of police of such city or city and county.  If the
applicant intends to purchase any firearm or assault weapon outside of
the corporate limits of any city or city and county, such application
shall be made to the county sheriff of the proposed county of purchase. 
A letter of authorization which is issued to a person who does not reside
in the state of Colorado may be used to purchase a firearm or assault
weapon only within the jurisdiction of the law enforcement agency which
granted the letter of authorization.

(2)(a) Each application described in subsection (1) of this section
shall be made upon forms designed and approved by the executive director
of the department of public safety which shall be provided to each
appropriate law enforcement agency for distribution within that
agency's jurisdiction.

(b) Each letter of authorization described in subsection (1) of this
section shall be issued upon forms designed and approved by the
executive director of the department of public safety which shall be
provided to each appropriate law enforcement agency.  Each letter of
authorization shall contain the following statement in bold print:  "Each
person who purchases and maintains ownership over a firearm or assault
weapon has the responsibility to take reasonable steps to secure that
firearm or assault weapon from theft.  Failure to take such reasonable
steps to secure the firearm or assault weapon may result in exposing the
owners of the firearm or assault weapon to civil liability."  This
statement shall not be construed to create any cause of action which
does not already exist.

(3) Each application described in subsection (122) of this section shall
be accompanied by a nonrefundable application fee not to exceed twenty
dollars, which shall be retained by the law enforcement agency to which
the application has been made to cover the agency's costs pursuant to
this section.  If a person wishes to purchase more than one firearm or
assault weapon at any particular time, that person must have a letter of
authorization for each firearm or assault weapon he intends to purchase. 
However, if any person applies for more than one letter of authorization
at one time, the law enforcement agency to which the applications have
been made may collect only one application fee for all applications made
at one particular time.

(4) Upon receipt of each application for a letter of authorization, the
local law enforcement agency shall have no more than fourteen calendar
days to conduct a background investigation upon each applicant to
ascertain whether the applicant should be granted or denied a letter of
authorization pursuant to the criteria delineated in subsection (5) of
this section and to grant or deny such application.  If the local law
enforcement agency fails to grant or deny the application within
fourteen calendar days, the letter of authorization shall automatically
be granted without any further action required by the application.  Any
letter of authorization which is granted pursuant to this section shall
take effect seven calendar days from the date upon which it is issued
and shall be effective for a period of sixty dates from the date upon
which the letter of authorization is effective.

(5) After conducting the background check described in subsection (4) of
this section, the local law enforcement agency shall deny issuance of a
letter of authorization to any of the following persons:

(a) Any person who has been convicted of a felony in this state of any
other jurisdiction;

(b) Any person who has, at the time of the application, been certified
for short-term treatment for mental illness pursuant to section nnn,
been certified for long-term treatment for mental illness pursuant to
section nnn or who is under a legal disability due to mental illness
pursuant to section nnn;

(c) Any person who the local law enforcement agency has knowledge is
subject to a temporary restraining order or permanent injunction, the
basis of which is to prevent violent actions or harassment by the person
who is applying for the letter of authorization against another person
or persons, and which temporary restraining order or permanent
injunction was supported by an affidavit or other testimony that the
person poses a threat to the life or physical health of any other person
or persons;

(d) Any person who has been convicted of any felony involving controlled
substances in this state or any other jurisdiction; or

(e)Any person under eighteen years of age, or any person under
twenty-one years of age if the firearms proposed to be purchased is a
handgun.

(6) Any person who is denied a letter of authorization to purchase a
firearm or assault weapon by any local law enforcement agency may
appeal such decision to the firearm application review board established
pursuant to subsection (7) of this section.  Any applicant who has been
denied may perfect his appeal by giving written notice to the review
board within ten days of the denial of his application.  Upon receipt of
a notice of appeal, the review board shall schedule a hearing upon the
appeal to be held within thirty days of receiving such notice.  The
appellant and the local law enforcement agency shall be notified at
least ten days prior to the scheduled appeal hearing, unless such
notification is waived.  The review board may sustain the denial of the
letter of authorization or reverse the decision of the local law
enforcement agency and issue the letter of authorization.

(7) Each county, city, and the city and county of Denver shall establish
a firearm application review board which shall be made up of three
members who shall agree to serve voluntarily without compensation.  The
members shall be chosen by, and shall serve at the pleasure of, the
county commissioners, or each count or the city council of any city or
the city and county of Denver.  At least one member of the board shall
have law enforcement experience.  The city council of any city may be
resolution designate the county firearm application review board to
serve as the firearm application review board for the city.

(8) Upon the expiration of city days from the issuance or denial of a
letter of authorization, the local law enforcement agency shall
completely destroy the application and any written information directly
connected therewith and shall not retain any of such information in the
official records of the agency.


Illegally purchasing firearms or assault weapons for another -
prohibited.

(1) No person shall purchase any firearm or assault weapon in the manner
described in this part 2 for any other person whom the purchaser has
reason to believe would be denied a letter of authorization to purchase
a firearm or assault weapon if that person applied for such a letter of
authorization, and the denial would be based upon any of the reasons for
denial enumerated in section nnn; except that a parent may purchase a
firearm for his child under the age specified in section nnnn, if such
child has completed a firearms safety course or hunter education course
as described in section nnn.

(2) Any person who violates the provision of subsection (1) of this
section commits the offense of illegal purchase of a firearm for
another.

(3) Illegal purchase of a firearm for another is a class 2 misdemeanor.

(4) For the purposes of subsections (2) and (3) of this section
"firearm" means any firearm as defined in section nnn or any assault
weapon as defined in section nnn.


Miscellaneous offenses - penalty.

Any person who violates any of the provisions of this part 2 for which
no specific penalty is provided commits a class 2 misdemeanor.


Firearms safety courses - department of public safety - rules and
regulations.

(1) The executive director of the department of public safety shall
promulgate rules and regulations which permit any private person or
organization to become certified to conduct a firearms safety course for
members of the general public.

(2) The rules and regulations promulgated by the executive director of
the department of public safety pursuant to subsection (1) of this
section shall relate to the following subjects:

(a) The contents of any firearms safety course, including, but not
limited to, instruction in the care and safe use of firearms, the
important of securing firearms from theft, and the procedures for
purchasing and selling firearms;

(b) The number of hours of instruction required to successfully
complete the course;

(c) The amount of the fee which may be charged to the general public by
any person or organization certified to conduct a firearms safety course
for the complete of such course;

(d) The amount of the fee which may be charged by the department of
public safety for carrying out the certification process for any person
or organization; except that such fee shall not exceed the cost to the
department for carrying out such certification; and

(e) Such other procedures regarding the conduct of nay firearms safety
course as deemed necessary by the executive director of the department of
public safety.



Section nnn, Colorado Revised Statues, is amended by the addition of a
new paragraph to read:

Duties of executive director.

(1)(c) To promulgate rules and regulations regarding firearms safety
courses pursuant to section nnn, and to carry out such other duties as
prescribed by part 2 of article 12 of title nnn.



Section 3.  Part 5 of article 10 of title 30, Colorado Revised Statutes,
is amended by the addition of a new section to read:

Sheriff - issuance of letters of authorization to purchase firearms and
assault weapons.

The sheriff of each county may issue a letter of authorization to
purchase a firearm or assault weapon pursuant to part 2 of article 12 of
title 18, CRS.



Section 4. Part 1 of article 4 of title 31, Colorado Revised Statues, is
amended by the addition of a new section to read:

Chief of police - issuance of letters of authorization to purchase
firearms and assault weapons.  The chief of police of any city or the
city and county of Denver may issue a letter of authorization to purchase
a firearm or assault weapon pursuant to part 2 of article 12 or title
18, CRS.

Section 5.  Effective date - applicability.  This act shall take effect
upon passage and shall apply to the purchase and sale of firearms and
assault weapons on and after July 1, 1990.

Section 6.  Safety clause.  The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.

    unbelievable!!!
    
    14 days to perform the background check, then 7 days to issue your
    permit to buy.... plus!!!!!!!!!!! a $20 application fee!!!!!!!
    
    i'm calling now! i'd suggest everyone else do the same... a bill like
    this passes and every other state will follow suit.
    
    fra
    

    well, i just called, both numbers, and was told it was voted down 6-3
    by the rep house phone, and still in session by the democratic... so I 
    told her why I and many others were displeased and against it.
    She took my personal info, ribbed me about my "bonafide" mass accent
    and thanked me for my call and time... 
    
    i'd suggest others call anyway just to frost the cake so to speak.
    
    Fra

    What?   You have to pay 20 bucks every time you apply to buy a
    new gun and go through the 14 day background check?
    
    I guess the 7 days is a cooling off period so no one comes after the
    governor.
    
    I wonder if Dukakis read about the $20 application fee.....
    
    /brett

    I would like to thank those of you that called to express you feelings
    toward this bill. I have heard that hunting brings more money into
    the state than does skiing. Hunters aren't immuned to efforts of
    the anti-gun people and this bill proved. For those of you who didn't
    see the Peter Jennings/ABC special about guns, One of the interviews
    with I think it was the mayor of Stockton showed his and the anti
    gunners position. He said that we will take the guns one at a time.
    The hunting rifles and shotguns so far have escaped most of the
    antigun hesterial for now but after the other weapons(handguns and
    semiauto rifles that look like military weapons) fall your rights
    will be attacked next. 
    
    If you haven't called yet please do so. Let them know why you won't
    hunt here with this type of legislation intact. I think that out
    of staters carry alot of weight because for monetary reasons. Many
    small towns here in the Mountains of Colo. need the money that hunting
    brings into their communities. 
    
    Once again thank you. Oh by the way the vote was strictly by party
    6 republicans against SB 93 and 3 democrats for the bill.
    
    
    John Colecchi