BREAKING: Multiple Gun Control Bills Head To CO Governor’s Desk

BREAKING: Multiple Gun Control Bills Head To CO Governor's Desk

It didn’t take long for gun control extremists in the Colorado State Legislature to gut the Second Amendment this year – 111 days to be exact. Three more gun control bills are now headed to Governor Jared Polis’ desk for final signature. This is on top of two other gun control bills he’s already signed this legislative session, which went into full swing Feb 16, 2021 and is expected to end no later than June 12, 2021.

Here’s what is heading to the governor

SB21-256 Local Regulation Of Firearms

• Repeals Colorado’s 2003 Firearm Preemption Law and replaces it with language that allows localities and municipalities to create their own firearm laws as long as they are MORE restrictive than state law.
• This bill would allow for any county or municipality to ban the possession, sale, or transfer of a firearm, ammunition or firearm accessory within their jurisdiction; and would allow any county, municipality, special district, or college campus to ban concealed carry. For reference there are 217 municipalities, 64 counties, 2,800 special districts, and 62 college campuses.
• Bill goes into effect upon Governor’s signature. With the passage of this bill, the Second Amendment fight will now move from the State Capitol in Denver to your backyard.

Contact Governor Jared Polis and ask he veto this very dangerous bill: [email protected] / (303) 866-2885

HB21-1298 Expand Firearm Background Check Requirements

• Adds 11 misdemeanors to the list of background check disqualifiers, prohibiting purchase and possession for 5 years from date of conviction. This bill does work retroactively so anyone who has been convicted of one of these 11 misdemeanors in the past five years will now be prohibited persons.
• Removes the option for FFLs to transfer a firearm to new owner if background check is formally delayed for more than 3 days.
• 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.
• Bill goes into effect upon Governor’s signature.

Contact Governor Jared Polis and ask he veto this bill: [email protected] / (303) 866-2885

HB21-1299 Office Of Gun Violence Prevention

• Creates a new entity within Colorado Department of Public Health and Environment (CDHPE) called the Office of Gun Violence Prevention.
• This office will be asked 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. They will also be tasked with so-called “evidence based” data collection.
• The office will be responsible for distributing grants to non-profit agencies and groups who will work within communities to implement “evidence based” gun safety action based on their “evidence based” data collection.
• Democrats rejected amendments that would have prevented these grants from going to groups who involve themselves in electoral politics, such as Moms Demand Action, because taxpayers should not be funding their push to elect so-called “Gun Sense Candidates”.
• The office will also track and publish what local firearm laws are in place across the state, as they assumed SB21-256 would pass when writing this bill. They are requesting $3 million dollars for fiscal year 2021-2022. 

Contact Governor Jared Polis and ask he veto this bill: [email protected] / (303) 866-2885

Here’s what’s already been signed

HB21-1106 Mandatory Safe Storage of Firearms

• Requires firearms be “safely stored” in homes where children or prohibited persons could gain access. 
• Exceptions are if the firearm is being carried on body or within such close proximity it is readily available as if it was being carried on body.
• Acceptable safe storage techniques include trigger locks, gun safes, bio-metric triggers, or a container that appears locked (yes, it really says that).
• Failure to comply is a Class 2 misdemeanor.
• Law takes effect July 1, 2021.

 

SB21-078 Mandatory Reporting of Lost and Stolen Guns

• Requires a person who discovers a firearm lost or stolen to report it to law enforcement within 5 days.
• Failure to comply is a $25 civil infraction.
• Bill was amended to give immunity to anyone who violated the safe storage law and had their firearm lost or stolen.
• Law goes into effect 90 days after adjournment of 2021 Colorado General Assembly (sometime in September 2021).

What can you do now?  Become a watchdog in your own community.  Pay attention to your county commissioners, city/town council, local colleges and universities, and so on. Alert us if anything comes on your radar. If you’re interested in organizing within college campuses, please also reach out. That fight is going to be immediate.

 


Your donations are needed to help keep Rally for our Rights going and growing!  This year has already been brutal for gun owners and it’s just getting started. Make a contribution today!

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SPEAK UP! OPPOSE Colorado Gun Control So Extreme It Could Ban Firearm Possession In YOUR Community

gun control bills colorado

Take Action NOW! 

Please consider providing public comment/testimony during the hearings! This can be done either in person or remotely. If you are unable to provide public comment (and even if you do) please contact each member of the committees and ask they vote NO on these bills!

SB21-256 Local Regulation Of Firearms

• Repeals Colorado’s 2003 Firearm Preemption Law and replaces it with language that allows localities and municipalities to create their own firearm laws as long as they are not LESS restrictive than state law.
• This bill would allow for any county or municipality to ban the possession, sale, or transfer of a firearm or firearm accessory within their jurisdiction; and would allow any county, municipality, special district, or college campus to ban concealed carry.

House State, Civic, Military & Veterans Affairs Committee Hearing on SB21-256
Monday, May 24
1:30pm
(Note: Four bills will be heard in this same committee. SB21-256 is the fourth bill to be heard.)

Testify in person:
Colorado State Capitol
LSB-A
Denver, CO

Testify via WebEx:
Click here to register
(If you need instructions on how to register via WebEx or what to expect testifying in person, please visit our Legislative Watch page: www.rallyforourrights.com/legislative-watch)

Passed Senate Chamber on May 18, 2021.

HB21-1298 Expand Firearm Background Check Requirements

• Adds 11 misdemeanors to the list of background check disqualifiers.
• Removes the option for FFLs to transfer a firearm to new owner if background check is formally delayed for more than 3 days.
• 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.

Senate State, Veterans, & Military Affairs Committee Hearing on HB21-1298
Tuesday, May 25
2:00pm
(Note: Eight bills will be heard in this same committee. HB21-1298 is the fifth bill to be heard.)

Testify in person:
Colorado State Capitol
Old Supreme Court
Denver, CO

Testify via WebEx:
Click here to register
(If you need instructions on how to register via WebEx or what to expect testifying in person, please visit our Legislative Watch page: www.rallyforourrights.com/legislative-watch)

Passed House Chamber on May 17, 2021.

HB21-1299 Office Of Gun Violence Prevention

• Creates a new entity within Colorado Department of Public Health and Environment (CDHPE) called the Office of Gun Violence Prevention.
• This office will be asked 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. They will also be tasked with so-called “evidence based” data collection.
• 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.

Senate State, Veterans, & Military Affairs Committee Hearing on HB21-1298
Tuesday, May 25
2:00pm
(Note: Eight bills will be heard in this same committee. HB21-1299 is the seventh bill to be heard.)

Testify in person:
Colorado State Capitol
Old Supreme Court
Denver, CO

Testify via WebEx:
Click here to register
(If you need instructions on how to register via WebEx or what to expect testifying in person, please visit our Legislative Watch page: www.rallyforourrights.com/legislative-watch)

Passed House Chamber on May 17, 2021.

 


Your donations are needed to help keep Rally for our Rights going and growing!  This year is already looking to be brutal for gun owners and will be keeping us busy. Make a contribution today!

Donate here or
click the donate button below:
www.rallyforourrights.com/donate

* Contributions are not tax deductible

CALL TO ACTION: Oppose Gun Control In Colorado

gun control bills colorado

THREE gun control bills have been newly introduced by gun control extremists at the Colorado State Capitol. They have all advanced and are only days away from becoming law unless YOU speak up!

Please contact your State House Reps and State Senators and ask they vote NO on these bills. 

CLICK HERE to read our complete breakdown of each of these bills.

HB21-1298 Expand Firearm Background Check Requirements

• Adds 11 misdemeanors to the list of background check disqualifiers.

• Removes the option for FFLs to transfer a firearm to new owner if background check is formally delayed for more than 3 days.

• 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.

CLICK HERE to find your State Senator and ask they vote NO on HB21-1298.

Want to take it step further?
CLICK HERE TO EMAIL EVERY STATE SENATOR IN COLORADO

 


HB21-1299 Office Of Gun Violence Prevention

• Creates a new entity within Colorado Department of Public Health and Environment (CDHPE) called the Office of Gun Violence Prevention.

• This office will be asked 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. They will also be tasked with so-called “evidence based” data collection.

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.

CLICK HERE to find your State Senator and ask they vote NO on HB21-1299.

Want to take it step further?
CLICK HERE TO EMAIL EVERY STATE SENATOR IN COLORADO

 

SB21-256 Local Regulation Of Firearms

• Repeals Colorado’s 2003 Firearm Preemption Law and replaces it with language that allows localities and municipalities to create their own firearm laws as long as they are not LESS restrictive than state law.

• This bill would allow for any county or municipality to ban the possession, sale, or transfer of a firearm or firearm accessory within their jurisdiction; and would allow any county, municipality, special district, or college campus to ban concealed carry.

CLICK HERE to find your State House Rep and ask they vote NO on HB21-1299. 

Want to take it a step further? 
CLICK HERE TO EMAIL STATE HOUSE LAWMAKER GROUP #1
CLICK HERE TO EMAIL STATE HOUSE LAWMAKER GROUP #2
CLICK HERE TO EMAIL STATE HOUSE LAWMAKER GROUP #3

 

 


 

Your donations are needed to help keep Rally for our Rights going and growing, make a contribution today!

Donate here or click the donate button below:
www.rallyforourrights.com/donate

* Contributions are not tax deductible

Questions Everyone Should Be Asking About Red Flag Emergency Risk Protection ERPO Gun Laws : Rally for our Rights Colorado

Fast Tracked Gun Control Bills In Colorado Make FIVE For 2021 Legislative Session

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.

HAVE YOU VISITED OUR STORE LATELY?

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Boulder CO Assault Weapon, Large Capacity Magazine Ban Overturned

Victory in Boulder! 

When Boulder, Colorado passed an “assault weapon” and large capacity magazine ban in 2018, gun owners scoffed at the ultra-liberal city’s agenda, unsurprised by the virtue signaling and visible presence of Bloomberg’s astroturf organization Moms Demand Action. Statistically, a person was more likely to be killed by baseball bat than by one of the firearms they were arbitrarily defining as “assault weapons” inside the city limits, those stats being ONE for death by baseball bat to ZERO for death by “assault weapon”.  The ordinance also restricted the age of purchase for a long gun to those 21 and over, and banned open carry of their arbitrarily defined assault weapons in the city of Boulder.

What did come as a surprise was that many Boulder residents weren’t okay with these new laws, and now after nearly three years and two legal challenges against the ordinance, a Boulder County judge has overturned it. 

This is a big win for those who fought against Boulder’s ban, such as Rally for our Rights who lead two large gun rights rallies in downtown Boulder and even held an AR-15 giveaway to raise money for the legal challenges.

Boulder CO Assault Weapons, Large Capacity Magazine Ban Overturned

The NRA backed lawsuit Chambers v Boulder sought injunctive relief claiming that two portions of the ordinance were preempted by Colorado state law, something that was argued repeatedly by gun owners, constitutional experts, and gun rights advocates during the heated debate leading up to the final passage of the ordinance.

Colorado’s preemption statute, CRS 29-11.7-103, states: “A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.”

The two portions of the ordinance Chambers v Boulder claimed violated the preemption law were:

Count 1 – that the portions of the Ordinance banning the sale purchase, and possession of assault weapons, and enacting the certification process are preempted by state law;

Count 2 – that the portion of the Ordinance that ban Large Capacity Magazines are preempted by state law.

On March 12, 2021 Boulder County District Judge Andrew Hartman agreed with the NRA backed plaintiffs that Boulder’s ban on possessing and transferring commonly-possessed “assault weapons” and ten-round magazines was preempted by state law. Here is what he wrote in his final order, effectively overturning the ban:

“In sum, the Court finds that State of Colorado law preempts Boulder City Ordinance 8245 and Ordinance 8259 as they relate to the prohibition of the sale, possession, and transfer of assault weapons and LCMs, specifically the inclusion of “assault weapons” and “LCMs” in the definition of “illegal weapons” pursuant to Boulder Rev. Code § 5-8-2. These provisions are invalid, and enforcement of them is enjoined. The Court has determined that only Colorado state (or federal) law can prohibit the possession, sale, and transfer of assault weapons and large capacity magazines.”

Read the entire 22 page final order here.

Boulder still faces yet another lawsuit, backed by Mountain States Legal Foundation (MSLF). Unlike the NRA backed suit which solely targeted preemption, the MSLF legal challenge, Caldara v Boulder, began in U.S. District Court challenging the constitutionality of the Boulder ordinance, citing violation of the Second Amendment as well as preemption. The U.S. District Court of Colorado chose to abstain from hearing the case until the NRA backed state case was decided. MSLF appealed that decision in the 10th Circuit Court of Appeals, and most recently they filed a petition for Supreme Court review of the abstention issue. That was denied. A noteworthy aspect of the MSLF case is that in addition to challenging the firearm and magazine bans, it challenges the two other key points of the Boulder ordinance, both which were dismissed from the NRA one early on: 1.) the section prohibiting 18-20 year olds from purchasing long guns, and 2.) open carry of “assault weapons” in Boulder.

The city of Boulder can appeal the most recent decision, and if they do, it could eventually land in front of the Colorado Supreme Court. Colorado’s current Supreme Court has not been friendly to gun related issues on the grounds of preemption, primarily their most recent 2020 decision on the RMGO backed legal challenge against the states ban of magazines larger than 15 rounds. It should be noted that if it was to go to the Colorado Supreme Court and were decided in favor of Boulder, that would be the end of the NRA suit, as without a constitutional challenge, it cannot move to a higher court – but the MSLF suit could continue.

That said, the Boulder challenge is unique in that preemption law is specific to local government and does not specifically prohibit the legislature from enacting statewide laws.

The most notable time Colorado Supreme Court has heard a local government firearm preemption challenge was in 2005 after Denver sued the state of Colorado over the 2003 preemption law, saying the city should be able to enact it’s own laws under home rule. The was because Denver’s own firearm laws they had on the books since 1994 should have been nullified by the new preemption law. In the end, a Denver District Court judge agreed with the city, eventually landing the case in front of the Colorado Supreme Court.  The state’s highest court deadlocked and the rare split-ruling meant Denver prevailed in the case and the city could resume enforcing its firearm laws that had not been enforced during litigation. Many familiar with the case say the ruling was not based on the preemption law itself, but because Denver had enacted their law prior to the date the preemption law was enacted.

MSLFs case is still alive and well, although they will likely wait to see if Boulder chooses to appeal before making a decision as to what their next move will be. If their case eventually moves forward in the 10th Circuit, it could become an important Second Amendment case to watch.

Although the Chambers v Boulder decision is specific to Boulder, it will undoubtedly set a precedent as other municipalities consider pushing similar laws.

Now that this is settled, we assume gun control groups such as Moms Demand Action, Everytown for Gun Safety, and Giffords will start tackling real issues, like skyrocketing violent crime. We won’t hold our breath though.

HAVE YOU VISITED OUR STORE LATELY?

HR127: It’s Your Money or Your Guns

HR127: It’s Your Money or Your Guns

HR 127 has been called “The Gun Apocalypse” and for good reason. Introduced by Congresswoman Sheila Jackson D-TX, this bill is formally known as the Sabika Sheikh Firearm Licensing and Registration Act. What HR127 ultimately does is wipe out the Second Amendment by making gun ownership unaffordable for all but the most affluent. Which is clearly the intent.

It’s ironic that the Democrats who preach criminal justice reform aren’t hesitating, with the stroke of a pen, to turn millions of law-abiding Americans into felons, punishing them with onerous fines and years of incarceration. Despite this, nothing in HR127 will disarm one violent criminal or reduce the gun homicide rampaging through our cities.

There is much about this bill that makes it unworkable and impractical but for the moment, I’ll focus the discussion on what it will cost your wallet.

Pony up, Mr. Gun Owner

This bill requires that every applicant for a gun license must first pay $800 to the US Attorney General for liability insurance. Never mind that as a gun owner, if you have homeowner’s or renter’s insurance, you already have gun accident insurance under the plan’s liability umbrella coverage. This requirement begs many questions such as, what experience does the AG have in managing insurance? How will claims be processed? Does this insurance protect a gun owner against law suits? Does this insurance cover legal expenses? There remain more questions and I’ll turn back to those later.

You’ll also be required to take 24 hours of training to include live firing training. Maybe you can find such training at $50 per hour so you’re talking $1200, minimum.

You want a gun? You must be crazy!

HR127 requires that every gun owner and member of the household undergo an evaluation by a licensed psychologist. Plus, this psychologist must interview any former spouses as well as at least two other family members or associates. Since the standards for these required evaluations are as yet not available, it’s difficult to determine how much they will cost but a reasonable estimate is $1000 each. Assuming three in your household, that’s at least $3000. Add another $1000 for the interviews—another estimate—and we’re talking $4000.

Also consider that HR127 mentions that these licensed psychologists must be approved by the AG. An Internet search shows about 100K licensed psychologists in the country and not every of them will be approved. Consider the evaluations required of gun owners and members of their households plus interviews with the ex’s and associates, that means less than 100K psychologists will be conducting hundreds of millions of evaluations and interviews. By what deadline? Those psychologists already have full schedules so we’re expecting them to take on such an avalanche of new clients on top of that? This situation will create a seller’s market of insane proportions. With that in mind, who knows what you’ll pay for a shrink’s time.

Speaking of pay…who will pay for these evaluations and interviews?

Not the AG, but you.

The psychological evaluation is offered with the premise it will be an accurate predictor of who should or shouldn’t have a gun. But in truth, those giving such evals, highly trained psychologists and psychiatrists, have a miserable record at protecting public safety. The shooters at Thousand Oaks, the Aurora Theater, and the Parkland high school had all been extensively evaluated for exhibiting dangerous behavior prior to the shootings, and yet nothing was done to prevent the ensuing massacres. And sadly, the increasing rate of suicides in this country shows that mental health professionals don’t have a firm grasp at preventing fatal self-harm.

If there is a hint that the AG’s licensed psychologists may bear any liability for a misdiagnosis, then expect the Catch 22 of HR127 to kick in:

We must keep the mentally disturbed from getting a gun

….and only the mentally disturbed would want a gun.

HR127: By the Number$$

How much will HR127 cost you, the law-abiding gun owner, to keep your property? Factor in fees (also unspecified) for the registration of each gun (don’t forget ammo), the permit application, and the permit itself so a lowball estimate for the first gun is:

Insurance: $800
Training: $1200
Psyche eval: $4000
Fees: ???

Total: $6000+

The AG’s Money Grab

Let’s return to the insurance. Assuming 75 million gun owners in this country, let’s say 25 million won’t pay this extortion and thus give up their guns. That means 50 million will jump through the financial hoops. The simple math of 50 million gun owners times $800 each means $40 billion of your money will slosh into the coffers of the AG. That’s a lot of cash. Substantially more than the entire 2020 budget for the US Department of Justice ($29.9B). What happens to all that money? Does it remain in an insurance portfolio…managed by whom? Or does that money get lost in a slush fund?

Currently, every state in the union is experiencing an alarming surge in gun homicide, mostly because of gang and drug-related shootings aggravated by the pandemic lockdowns. Is anyone naive enough to think that any criminal will subject themselves to the provisions of this bill considering they’re not supposed to have guns to begin with? Tragically, HR127 will do nothing to protect anyone from violent crime or make our streets any safer.

Contact your congressperson today and let them know you oppose this bill!  Click here to find their contact information.

 

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Colorado Gun Owners: Brace For Gun Control Fight In 2021

Colorado Gun Owners: Brace For Gun Control Fight In 2021

After a 2020 that felt more like the Twilight Zone than reality, there’s one good thing that happened: 2020 gun control legislation was DOA both in-state and federally.  But that’s all about to change.

Last year Colorado Democrats had only introduced two gun control bills when the legislature took an emergency recess due to COVID-19. When they returned months later to finish up what they considered “necessary business”, many legislative ambitions were no longer considered “necessary”.  This included a bill mandating locking up firearms and another bill making the reporting of lost and stolen guns mandatory. Although Democrats held the majority in both the State House and Senate, the margin in the senate was slim and they knew the passage wasn’t a slam dunk. After the November 3rd election, Democrats in the state picked up one additional state senate seat and the majority in the state house remained unchanged.

At the federal level in 2020, Republicans held a slight majority in the Senate while Democrats held a large majority in the House of Representatives.  Multiple pieces of gun control legislation passed out of the house only to never see the light of day in the senate, ultimately never making it to then President Donald Trump’s desk.  The November 3rd elections, and most notably the recent January 5th senate run-off in Georgia, changed the entire make up of congress, and the recent inauguration of Joe Biden as president and Kamala Harris as vice president sealed the deal. The senate now sits with 50 Democrats and 50 Republicans, making the tie breaker the new VP, Kamala Harris. In the house Republicans did pick up a number of seats but not enough to make up the large margin. Currently the party make-up in that chamber is 211 Republicans to 221 Democrats with three vacancies yet to be filled.

So what should we expect?

Colorado:

Colorado’s legislative session was set to begin on January 13, 2021 and run for exactly 120 days.  Due to COVID-19, Democrat leadership altered this timeline. On January 13th, legislators were sworn in and routine business was done; for two more days a few bills were passed that related directly to COVID-19 and then they recessed until February 16, 2021. At that time they intend to run for the remainder of the 120 days or possibly less. We are already aware of three pieces of gun control legislation to be introduced as soon as they reconvene:

• Mandatory waiting period between firearm purchase and possession – possibly 5 days. (Rep. Tom Sullivan and Rep. Steven Woodward)
• Mandatory “safe storage” of firearms. (Rep. Kevin Mullica)
• Mandatory reporting to law enforcement of lost and stolen guns. (Rep. Tom Sullivan and Sen. Sonya Jaquez Lewis)

It’s not unlikely we’ll see more gun control out of Colorado gun grabbers this session – the question remains what and when.

I’ve written about the last two proposals and you can read that here. I’ll be breaking down the mandatory waiting period in the coming days so keep your eye out for that.

A list of contact information of all of Colorado’s legislators can be found here.

Federal:

The 117th U.S. Congress gaveled into session earlier this month, and at least six gun control measures have been filed already with the House Judiciary Committee. Unlike the past couple years, these bills could land on the new president’s desk for signature if strategic pushback from gun owners doesn’t stop them.

Summaries of these bills are not yet available to the public at the time of this writing.

H.R.30 – To increase public safety by punishing and deterring firearms trafficking. (Rep. Bobby Rush, D-IL)

H.R.121 – To provide for the hiring of 200 additional Bureau of Alcohol, Tobacco, Firearms and Explosives agents and investigators to enforce gun laws. (Rep. Sheila Jackson Lee D-TX-18)

H.R.125 – To amend Title 18, United States Code, to provide for a 7-day waiting period before a semiautomatic firearm, a silencer, armor piercing ammunition, or a large capacity ammunition magazine may be transferred. (Rep. Sheila Jackson Lee D-TX-18)

H.R.127 – To provide for the licensing of firearm and ammunition possession and the registration of firearms, and to prohibit the possession of certain ammunition. (Rep. Sheila Jackson Lee D-TX-18)

H.R.130 – To require the safe storage of firearms and ammunition, and to require the investigation of reports of improper storage of firearms or ammunition. (Rep. Sheila Jackson Lee D-TX-18)

H.R.167 – To prohibit the transfer of a firearm at a gun show by a person who is not a federally licensed firearms dealer. (Rep. Al Green D-TX-9)

Stay tuned for more information as the full text of these bills becomes available and as more bills are filed.

A list of Colorado’s federally elected representatives and senators can be found here.

And in the mean time, buckle up. It’s going to be a bumpy ride. 

 

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Colorado Gun Control Has Been A Complete Failure In Reducing Violent Crime

In 2013 anti-gun elected officials in the Colorado legislature passed a package of gun control bills with the promise it would bring down violent crime and save the state from what they claimed was certain catastrophe. We knew at the time they were lying, and the most recent FBI data shows those laws have been a complete failure to help reduce violent crime. In fact, violent crime has been on a steady rise ever since the laws were enacted, reversing a downward trend.

Here’s what went into law July 1, 2013:

HB13-1229: Expanded Background Checks

This law expands the federal background check requirement to include private sales and adds a mental health component.

Under the new law, before any person who is not a licensed gun dealer transfers possession of a firearm, he or she must arrange for a licensed dealer to obtain the required background check. In obtaining the background check, the dealer must follow all procedures that it would follow were it transferring the firearm in a retail transaction, including recording the transfer, retaining the records, and complying with all state and federal laws.

The law also requires the reporting by the courts of persons to the NICS and CBI database who are (1) found to be incapacitated, (2) committed to a behavioral health treatment program (e.g., for substance abuse), or (3) involuntarily certified for short-term or long-term treatment and care for mental illness.

HB13-1224: Large Capacity Magazine Ban

This law prohibits the sale, transfer, or possession of large-capacity ammunition magazines or feeding devices, which includes fixed or detachable magazines that can hold more than 15 rounds of ammunition among other things such as shotgun shell limits.  A through description of the ban can be found here.

HB13-1228: Background Check Fees

This law directs the Bureau to impose a fee for performing an instant criminal background check pursuant to state law. The fee amount cannot exceed the total amount of direct and indirect costs the Bureau incurs in performing the check.

The bills were signed into law by then Governor, John Hickenlooper.  Hickenlooper is currently running for senate against sitting Senator Cory Gardner who is up for reelection in 2020.  Hickenlooper has even gone as far as to praise the laws and the impact they have had on the state of Colorado.  I have no idea what he is praising.  The new laws also spurred the 2013 successful recall of State Senator Angela Giron and then Senate President John Morse.  Another recall attempt resulted in the resignation of former State Senator Evie Hudak.  The resignation was a strategic move by the Colorado Democrat Party to prevent losing a third senate seat.

But have these laws impacted violence in Colorado?  Our research team scoured the most recent FBI crime reporting data to get a better picture. The results were stunning.  Not only has crime not decreased as was promised, it’s increased – and drastically.  The following charts were put together based on the data provided by the FBI.

 

This first graph is violent crime which includes murder and non-negligent manslaughter, rape, robbery, and aggravated assault.

 

These following two charts show the overall murder rate year over year, as well as trends.  While these show the murder rate was rising before the 2013 laws (0.20 murders per 100K per year, between 2010-2013), since the laws passed it’s been rising 30% faster (0.26 murders per 100K per year, between 2014-2018). So not only did the laws not reverse nor even slow the rising murder rate, it is rising even faster than before the laws.


 

This chart below details the forcible rape rates in the state. 

Note: the revised line accounts for a change made to the definition of forcible rape in 2013 to include male victims of rape  (the FBI previously only added female rape victims into their data).  The revision also clarified that any penetration without consent was considered rape, including penetration by object.  Learn more about that change here

 

Below you will find the aggravated assault stats. The FBI defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.

 

 

And lastly, here are the robbery stats for Colorado.  The FBI definition of robbery is the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Bottom line: Colorado has a violence problem and gun control has done nothing to curb it.  Until we address the root cause of the violence, it will continue to escalate no matter how many laws are made to restrict the tools a violent person may use.

 

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They’re Coming For Your AR-15s and AK-47s Even Though Handguns Are Used In Nearly All Gun Crimes

AR’s, AK’s, and assault rifles, oh my!

If you watched the last two Democratic Presidential Debates you heard how every candidate wants to get “weapons of war” off the streets in an effort to tackle what they call our country’s “gun violence” epidemic.  These candidates quickly make it clear when they say weapons of war, they mean AR-15s and AK-47s .  Beto O’Rourke even said he plans to have the police go door to door to confiscate these terrifying guns from those who refuse to cooperate with a mandatory buyback, backing up his “Hell yes, we’re going to take your AR-15” promise.

It’s unclear if these candidates are clueless as to how infrequently rifles such as AR-15s and AK-47s are actually used in gun crime, or if they are using these scary sounding trigger words to garner support from a populace that is being brainwashed to believe these particular firearms are responsible for a grossly inflated number of mass shootings. My guess is it’s a combination of the two.

If you haven’t yet learned how the gun grabbers are inflating these mass shooting numbers, you must read this article.

Our research team dug into the latest FBI report on gun deaths and put together some very telling charts.  This first one shows exactly how insignificant rifles are in the larger picture, and in fact, up until 2015, shotguns have been used in more murders than rifles.

Look closely, there are four lines in this graph…and the rifles line is so insignificant it can barely be seen.  

 

In addition, our research team took it one step further to look at the alleged “gun violence” epidemic and how it relates to rifles.  This chart shows that even these small numbers have been declining for years, and continue to do so.

 

Here’s another graph that shows where the firearm murder rate sits compared to all murders via other methods. It’s clear that both have been steadily trending downward for years, and that the firearm murder rate follows an overall murder trend, again emphasizing that the problem is violence, and not the tool one wishes to be violent with.

 

Bottom line: “Assault Weapons” Bans or mandatory buybacks are nothing but knee-jerk, virtue signaling reactions.

Just say NO.

 

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17 Times Government Put Guns In The Hands Of Criminals

The latest buzzword in the anti-gun rhetoric dictionary is “mandatory buyback“, primarily referring to semi-automatic rifles or as the gun grabbers call them “assault weapons”.  Since an outright ban is not a very popular idea, especially with tens of millions of just AR-15’s owned by law abiding citizens, the anti-gun politicians need a new tactic.  Enter buyback programs.

I’ve written about buybacks before, highlighting how they are often used by individuals to sell their crap guns and purchase better ones.  But this latest proposal of “mandatory buybacks” is just ridiculous.

First, they aren’t buying back anything.  They never owned the property in the first place.  They are creating a law that would force citizens to sell their property to the government at whatever price the government deems adequate, and if the property (gun) owner refuses, they become a criminal.  Reminds me of eminent domain.

Second, any responsible gun owner knows if their firearm is in their possession, it will not be used to harm anyone.  That is the safest place it could possibly be. And if an individual owns a firearm with the intent of harming others, they sure as hell won’t sell it to a buyback program.

But this got me thinking about some of the stories I’ve seen where people have taken their rifles in to the police after a tragic mass shooting, saying they don’t want these guns on the streets anymore.  Now, I won’t criticize their intent.  It is their own property.  They can do with it what they chose.  But do they really know what will happen to that rifle after they turn it in?  Is it really safer in the hands of the government than in the hands of a law abiding gun owner?

A little research shows that not only does the government actually run guns to criminals themselves, but they lose them all the time.

Here are a handful of examples in no particular order:

Baltimore: Members of the Gun Trace Task Force (GTTF) went rogue and eventually eight officers were convicted of stealing money, drugs and guns from the people they stopped, then reselling those same drugs and guns.

Michigan: police chief created a “reserve officer” unit, but turns out it was just a way to sell firearms, ammo, and body armor to celebrities, many who were barred from owning firearms.

California: police officer left her gun in the restroom, where it was promptly stolen.  She apologized, so it’s okay. 

New Mexico: police chief, along with a town trustee and the town mayor, was busted for running guns to a brutal Mexican drug cartel. 

Missouri: police chief was purchasing firearms with city funds then those firearms went “missing”. 

North Carolina: police chief was arrested for selling confiscated guns that should have been returned to the rightful owners after charges were dismissed. 

New York City: police officer was manufacturing illegal guns and selling them to criminals.

Nationwide: law enforcement and government guns regularly found in the hands of criminals.

Washington DC: police officer sold guns to those barred from purchasing them legally; at least one was used in a murder.

California: two police officers sold more than 100 firearms to convicted felons.

California: gun control proponent, State Senator Leland Yee promised votes and guns in exchange for campaign contributions, as well as participated in a gun trafficking scheme running gun from the Philippines with known mobsters.

California: school board president busted in the same gun trafficking scheme as above.

Nationwide: ATF can’t find “substantial number” of guns stolen from a government disposal facility. 

Nationwide: DEA agents keep losing guns and no one cares. 

Worldwide: 2000 guns were sold by the government to Mexican drug cartels in hopes of tracking the sellers. They lost track of the guns, some turned up in murders, most are still on the streets.  This is known as Fast and Furious. 

Worldwide: Pentagon lost weapons given to Yemen. This includes: 1,250,000 rounds of ammunition, 200 Glock 9 mm pistols, 200 M-4 rifles, 250 suits of body armor, 300 sets of night-vision goggles, among other things. 

This list was compiled after a 20 minute Google search.  You can only imagine how much more is out there as well as what hasn’t been discovered.  It also begs the question of what will happen with all the guns confiscated through “Red Flag” Extreme Risk Protection Orders ERPOs.

So yeah, don’t sell your guns to the government.  You never know where they’ll actually end up. 

Have other stories of government corruption or incompetence regarding firearms?  Drop them in the comments.

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