Denver City Council Bans Concealed Carry In City Parks and Buildings Including Dozens of Mountain Parks

Denver City Council Bans Concealed Carry In City Parks and Buildings Including Dozens of Mountain Parks

After roughly a month of formalities, on Monday, May 16 the Denver City Council officially voted to ban permitted concealed carry of a firearm in parks and buildings owned by, leased by, and leased to the city.

The ordinance passed 9-3 with Councilmembers Candi CdeBaca, Jamie Torres, and Kevin Flynn voting against the ban.

A violation of the ban would result in a $50 fine for the first offense and a $999 fine for any subsequent offense. This is a bit laughable because the same city council voted not long ago to forgo collecting any fine of $300 or less due to equality concerns.

Thanks to the passage of SB21-256 last year which was a repeal and replace of the long standing state preemption law, localities can now create their own gun laws as long as they are more strict than state law. This includes counties, municipalities, special districts and college campuses.

This ban includes dozens of mountain parks in other counties that are owned by the City of Denver, including the infamous 868 acre Red Rocks Park in Jefferson County, 3000 acre Winter Park Resort in Grand County, 1000 acre Daniels Mountain Park in Douglas County, and 160 acre Summit Lake Park in Clear Creek County. Most of the other parks are located in Jefferson County where enforcement would be the responsibility of the sheriff who has already made it clear he will not enforce concealed carry bans even when passed into law by those who have jurisdiction over his county. See a map of all parks owned by Denver here.

During the council meeting, public comment on this particular agenda item was denied by council leadership stating “they had already allowed public comment during the first committee meeting”. That didn’t stop those wanting to speak about this ban from utilizing general public comment time to express their views. The majority of the speakers spoke in opposition to the ban citing the need for the right to self defense in the crime ridden city. Denver limits their general public comment time to 30 minutes, so it’s difficult to say how many people who wanted to speak were silenced.

An amendment was introduced by Councilwoman Candi CdeBaca that would have exempted parks from the ordinances. This amendment was rejected again on the same 9-3 vote. The amendment stated:

This amendment removes parks from the scope of this ordinance for several reasons:

First, there are major concerns about the ability to enforce in open space without profiling. Other cities have banned guns in city owned buildings because it is enforceable. Given the national and historical data about law enforcement’s racial bias in relation to pre-textual interactions, removing parks from this ordinance would reduce potential for law enforcement to racially profile people and use unwarranted force on “suspected” violators of this ordinance.

Second, if parks are not removed from this ordinance, Open Space including mountain park parking lots could become targets for car break-ins when firearms are left in vehicles. The amount of stolen guns from cars is increasing and the current ordinance would encourage CCW carriers to leave guns in cars.

Councilwoman CdeBaca pleaded with the council to reject this ban based on how law enforcement responds to reports of individuals with firearms, citing several instances where police had arrived with guns drawn based on “see something, say something” antics from bystanders. She ultimately told council they will “have blood on their hands” when this ban goes awry, which it will. CdeBaca said she fears the ban will not be enforceable without profiling, something that goes against everything the council has promised to change over the past two years. At a prior meeting CdeBaca had requested Denver Police Department present council with a written protocol of how they would handle reports that someone was possibly concealed carrying. This written protocol never materialized along with answers to many other questions that had previously been brought up.

Councilman Flynn reiterated again and again that there is no evidence that legally permitted concealed carry holders were a danger,  but instead it was those who do not obey laws who are the real menace to the city and should be the focus of council, and more importantly, law enforcement who is already stretched so thin in a city where crime is skyrocketing. Councilman Flynn also echoed CdeBaca’s concerns about racial profiling and pointed to data provided by CBI that showed the fastest growing demographic among those applying for concealed carry permits are among the Black community.

In the past two years, the City of Denver has seen a startling increase in crime. They closed 2021 out with 96 homicides, the most in over 30 years, and 2022 is already poised to break that record. Not one of these crimes was committed by a concealed carry permit holder, although applications for concealed carry permits has been steadily rising as 911 callers are placed on hold during emergencies, police response times are dangerously slow with an average of 11.6 minutes in 2019, and the citywide efforts to defund the police have left many residents realizing they need to be prepared to defend themselves.

Additionally, auto thefts have risen by 5,100% in Colorado, according to the Colorado Independent Auto Dealers Association. And in the first three months of this year, the Denver Police Department said five catalytic converters are reported stolen on average each day.

And turns out Colorado is now #1 in the nation for bank robberies! Which elected officials blame on also being #1 for Fentanyl.

But the city’s solution to this is to disarm law abiding citizens?

Yes, apparently so. And when the disarmed law abiding become victims of people who don’t care about the city’s ineffective silly laws, that same council will use their still warm bodies to push for even more gun control.

It should be noted that open carry has long been illegal in Denver, as is concealed carry without a permit.

Watch video of the public comment session HERE.
Watch video of the debate on the ordinance HERE.

 


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Recap Of Denver’s Really Messy Concealed Carry Ban Hearing

CO Governor Issues Exec Order Altering Concealed Carry Permit Requirements Amid Coronavirus Outbreak

In case you missed the news last week about Denver’s unprecedented move to ban concealed carry in city parks and buildings owned by, leased by, or leased to the City of Denver, it was probably because the mainstream media completely ignored it. But we’re all over it.

The first hearing took place on Wednesday, April 13 in the Denver Safety, Housing, Education & Homelessness Committee. At the end of the meeting it was decided to postpone “action” until the many questions and concerns brought up during the meeting could be addressed. They will bring it back to this committee on April 27th.  CLICK HERE to email the entire committee at once.

The hearing was a mess. Assistant City Attorney Reggie Nubine led the presentation, which you can watch HERE. After his presentation, the public was invited to speak on the proposal. Of the 12 who had signed up, 2 were ultimately unavailable when it came time to speak, 7 spoke against the proposal, and 3 spoke in favor. This was followed by an extensive amount of discussion among the council and committee members. Question after question came up that no one from the City Attorney’s office was able to answer, something that anyone should find incredibly alarming while trying to push rights-crushing laws for their citizens.

I’ll break down some of the more glaring questions here:

Why are they doing this?

It’s part of the “Mayor’s Vision” as laid out in the 2022 Public Safety Action Plan (page 5, City Attorney’s Office, item 2).

It was pointed out that in the Mayor’s actual Safety Plan document it says “Developing and implementing a Conceal Carry Ban in city-owned facilities” and nowhere does it mention “leased to or leased by” buildings, or parks. When asked about the expansion to include this additional criteria, a representative for the city attorney’s office stumbled with an answer only to eventually say they were sure it was part of a “future plan”.

How will this law be enforced? Will they implement stop and frisk policies?

They will be relying on a “see something, say something” policy as enforcement. For example if someone inside a library were to think they may have seen a concealed firearm when another patron bends over, the person who saw it is supposed to report it to the library staff who will then report it to local law enforcement to handle. Because we all know cops have nothing better to do with their time in Denver.

No answer about stop and frisk policies.

If this is a “see something, say something” enforcement policy that relies on citizens policing citizens then engaging law enforcement, does it open the door to racial profiling? Could a person simply call the police on a black person in a park and say they saw a hidden gun and have that person be targeted by law enforcement? 

No answer, of course.

What would be the step by step law enforcement protocol to handling these reports?

No one had any idea.

What are the demographic trends of concealed carry permit holders over the past 5 years? 

No one has looked into this.

What other constitutional rights are fully banned on public property in Denver?

None that anyone is aware of.

Are parking lots included and with the requirement to now leave firearms in cars instead of carrying on body, are they creating a bigger problem that could lead to even more increased firearm theft, as there is hard data behind the use of stolen firearms in crime?

No parking lots are not included in the ban. Crickets on the rest.

What about parks outside of Denver owned by the city of Denver? Several were mentioned including parks in Cherry Creek, Douglas County, and Winter Park. Had the city attorney’s office corresponded with law enforcement in these areas to see if they are willing to enforce such a ban?

Yes, it does include parks outside of Denver if they are owned by the city of Denver – and turns out there are a lot. Park rangers are in charge of these parks but they would not be in charge of enforcement, instead they would be expected to report anyone they may suspect of concealed carrying a firearm to local law enforcement who would be responsible for enforcement. Yet no one actually asked those local law enforcement agencies how they felt about this.

Why are the only stakeholders anti-gun groups and have they reached out to groups representing those with concealed carry permits?

During the presentation, a slide showing stakeholders as Everytown for Gun Safety, Ceasefire, and Moms Demand Action was presented. Glaringly absent from stakeholders was anyone who actually works with those who own firearms and exercise their right to self defense. When asked if they’d reached to other groups, their answer was no, and again, a whole lot of stumbling around an answer took place.

What is the process when obtaining a concealed carry permit in Denver? Do they inform the recipient of local laws?

Fingerprinting, background check, completed training – and no, they don’t inform permit recipients of the laws, they are expected to know them.

How much would signage cost?

No one knows but they anticipate doing it in a phased plan that would update signage language as signs need replaced.

So, what’s next? The same committee will reconvene to discuss again on April 27, 2022 at which time hopefully the questions above will be answered. It’s unknown at this time if they will be accepting public comment again but regardless citizens can and should attend in person if possible.

During the meeting, one councilwoman gave a tone deaf speech about how even though they know they can’t enforce laws like this, it sends a “message” to the community that guns aren’t welcome here. Well, legal guns anyway. I can’t help but point out how everything she said goes against #2 in their larger vision because as is obvious from all of the questions above, there are some glaring issues with this increasing negative law enforcement contact with the public.

 

 


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Denver Moves To Ban Concealed Carry In Public Parks & Buildings – SPEAK UP NOW!

Denver Moves To Ban Concealed Carry In Public Parks & Buildings – SPEAK UP NOW!

In an unprecedented, yet unsurprising move, Denver City Council will begin the process to outlaw the legal concealed carry of handguns in public parks and buildings that are owned by, leased by, or leased to the City of Denver.

Because, ya know, criminals totally care about concealed carry permits and gun laws.

In the past two years, the City of Denver has seen a startling increase in crime. They closed 2021 out with 96 homicides, the most in over 30 years, and 2022 is already poised to break that record. Not one of these crimes was committed by a concealed carry permit holder, although applications for concealed carry permits has been steadily rising as 911 callers are placed on hold during emergencies, police response times are dangerously slow with an average of 11.6 minutes in 2019, and the citywide efforts to defund the police have left many residents realizing they need to be prepared to defend themselves.

But the city’s solution to this is to disarm law abiding citizens?

Yes, apparently so. And when the disarmed law abiding become victims of people who don’t care about the city’s ineffective silly laws, that same council will use their still warm bodies to push for even more gun control.

It should be noted that open carry has long been illegal in Denver, as is concealed carry without a permit.

Here are the details and we need YOU to speak up! 

The proposed legislation is File #22-0401: Amends Chapters 38 & 39 of the Denver Revised Municipal Code to prohibit concealed carry within city parks and buildings owned by, leased by, or leased to the city. 

The first hearing on this issue will be Wednesday, April 13 at 10:30AM in the Denver Safety, Housing, Education & Homelessness Committee. This meeting is virtual only and will include a briefing, followed by 15 minutes of public comment (2 minutes each), discussion among council members, then action. If it passes this committee, it will then move on to the full city council and will be heard at a future regular meeting. We will keep you updated on it’s progress.

To provide public comment, you must sign up between 9AM and 10AM on Wednesday, April 13 (you cannot sign up before). To sign up (again, during that time only) go to www.denvergov.org/councilpublicinput and click on “Public Input in Committee” and follow the prompts from there.

The meeting will be held virtually via Zoom. Link to participate/watch: zoom.us/webinar/register/WN_SrJLqP3TTRqWZrnyFczQ1A
Password: DENVER

CLICK HERE to email every committee member at once.

If you are a Denver resident, work in Denver, or travel to or through Denver often, we need you to speak up and take action on this!

Feel free to contact us with any questions and we’ll do our best to get them answered.

Read more about the proposed legislation here: https://denver.legistar.com/LegislationDetail.aspx?ID=5545923&GUID=AECE25F5-02A6-4F05-AFDB-5A6738F0A104&Options=ID%7CText%7C&Search=22-0401

Download and read through the proposed presentation documents:

BR22 0401 CAO City Building Gun Prohibition v14
BR22 0401 CAO Concealed Carry
City Building Gun Prohibition (committee)
Concealed Carry FAQs
Concealed Carry PPT – Safety Cmte 4.13 (1)
Concealed Carry PPT – Safety Cmte 4.13


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New CO Gun Law Could Have Disarmed Johnny Hurley

New CO Gun Law Could Have Disarmed Johnny Hurley

Two days prior to a violent madman with a vengeance being killed by an armed citizen with a concealed carry permit, Colorado Governor Jared Polis signed a bill that would allow any locality in the state to ban concealed carry. To be exact, the bill allows for counties, municipalities, special districts, and college campuses to ban what the terrified demanding moms kept referring to as “hidden guns” during the hours of bill testimony. For reference, Colorado has 64 counties, 217 municipalities, 2800 special districts, and 62 college campuses. The gun control extremists elected to the state legislature, along with the governor, somehow felt THIS was going to make society a safer place. Arvada proved a different story.

On Monday, June 22nd Johnny Hurley was in the Arvada Army Navy Surplus store when he heard 15-20 shots from a rifle or tactical shotgun in the square not even 50 yards away. A deranged individual had ambushed Arvada police officer Gordon Beesley, taking his life in a matter of seconds. According to first hand accounts of what happened next, Hurley exited the store in the direction of the gunfire. The madman briefly went out of view behind the library after firing the initial 10-15 shots. Johnny shouted at onlookers behind him to stay inside and hide because the gunman was coming back. Johnny used this as an opportunity to run towards the library where the shooter was and hide behind a brick wall. Upon the shooter walking again back toward the square, Johnny pulled out his concealed pistol and shot 5-6 rounds toward the suspect, killing him. What happened next remains under investigation, but Arvada PD has released that Hurley was shot by a responding Arvada police officer claiming Hurley was holding the shooters rifle. Arvada police are not equipped with bodycams, so the investigation is ongoing.

Situations like this are chaotic, fast, and fluid. Anyone who runs toward gunfire knows there is a chance they may not make it out alive. But heroes like Johnny are willing to take the risk, and we will never know how many lives Johnny saved that day, because when lives aren’t lost, it’s much harder for the gun grabbers to get a body count to exploit in an effort to push for their next ineffective gun control law.

Yet these are the people, the Johnnys of the world, are who our lawmakers wish to disarm, and laws like SB21-256 which I referenced above are evidence.  They never ask themselves how they can stop the madman. They will never ask if their fever pitch, yet hollow, anti-police rhetoric over the past year pushed this evil individual to feel he was justified in his desire to ambush police, innocent bystanders be damned. Hell, maybe this guy even believed he was doing it on their behalf. I say their rhetoric is hollow because it is. If they truly cared about law enforcement reform and decreasing citizen-police interaction, they wouldn’t create a bill that allows 3,143 different localities within the state to create different laws affecting gun owners of every race, gender, creed, and sexual orientation, which SB21-256 did. Their hollow virtue signaling is dangerous.

Johnny Hurley was a friend to many freedom fighters in Colorado. I met him briefly in 2019 when I spoke regularly about Colorado’s Red Flag law. He was a supporter and protector of all our rights. He spoke frequently about his desire to protect others, if need be.

According to friend Elliot Darling:

“He always had the gun with him, and we were always like, ‘What are you going to do with that?’ And he was like, ‘Well one day, you never know.’ And of course, that one day came, and he was prepared.”

Patrons who were in nearby restaurants when shots rang out continue to leave comments on a GoFundMe set up for Johnny by a friend, thanking him for his heroic acts.

“My parents and I were in the Schoolhouse restaurant when shots rang out. I have two small kids at home and I thought I would never see them again. John is a true hero and I am forever in debt to him. My heart breaks for the loss of his life. Prayers to his family and friends.” – Brittany M.

“John saved my and my girlfriends life. We were in the direct line of fire, in the So Radish restaurant. Bullets came through the window and we took cover under the table as the shooting continued. Knowing we were trapped and easy targets if the gunman came in, we ran to the back of the restaurant. I have no doubt whatsoever that if John had not taken an active role in stopping the gunman, many more innocent people would have died. I wish I could thank him in person and I wish I could give much more. I won’t forget him for as long as I live. Thank you John for your bravery!!!” – Tory F.

It’s also worth noting the store Johnny was in was not a gun free zone. Had it been, he may have left his firearm in the car, like gun rights supporter Denny Stong, who was killed unarmed during the March massacre inside a nearby Boulder King Soopers. Twenty year old Stong had just returned from shooting when he was killed. He had told friends and family he couldn’t wait to turn 21 so he could get his concealed carry permit. In Kroger stores like King Soopers though, even if he had been 21, that would have been against their “gun free” policy – a policy that does nothing to stop those wishing to do harm but certainly does stop many who don’t want to break the rules.

I’ll end with a powerful statement a friend and fellow supporter of the right to self defense, Greg Powers, wrote:

When the gun control extremists start with the narrative that citizens should not carry weapons or intervene in dangerous situations, our verbal response should be logical and directly to the point of motivation behind responding to these situations.

In Florida, Officer Scot Peterson was getting paid while he stood outside Marjory Stoneman high school for 48 minutes listening to rifle fire while a shooter walked through the school unimpeded. In Arvada, armed citizen Johnny Hurley voluntarily RAN toward the gunfire in less than a minute to save lives. He shot the suspect and ended the attack. If shit hits the fan near your loved ones, who would you rather have nearby?

Chances are unless someone is running errands alone, they will be out with friends or family. Eating Dinner, shopping, etc. They will be the first responder not only for themselves, but for their friends/family. Asking them to wait for police to respond and then interpret the situation (who/where are the bad guys etc.) is going to be too late. If an armed parent had been outside Marjory Stoneman when the shooting began, I guarantee they would have done the same thing Johnny Hurley did in Arvada and run toward the sound of gunfire. They would NOT be sitting outside for 48 minutes thinking “gee, I hope my kid is ok”

Rest in Peace Mr. Hurley.

Johnny Hurley will always hold a special place in my heart as a hero, right up there with Kendrick Castillo, the brave 18 year old young man who rushed a fellow student, and killer, during the 2019 STEM School Shooting. Because of Kendrick’s actions that day, none of his classmates died, although he did.

Here is a link to Johnny’s GoFundMe: https://www.gofundme.com/f/good-samaritan-john-hurley

Here is a link to an event to honor Johnny on Saturday, June 26th at 1pm in Longmont, CO: https://www.facebook.com/events/541045126925632

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.

 


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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.

 


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Concealed Carry Banned Under Proposed Colorado Control Gun Law

Concealed Carry Banned Under Proposed Colorado Gun Law

In light of the tragic mass shooting at a King Soopers in Boulder, the gun control extremists in the Colorado legislature are taking aim at concealed carry. It should be noted the Boulder shooter did not have a concealed carry permit, nor did he attempt to conceal his firearm.

SB21-256 Local Regulation of Firearms essentially repeals and replaces the 2003 firearm preemption law in Colorado Revised Statutes which prohibits local governments from creating firearm laws that would differ from state law. This 2003 law is important because if each of our 64 counties and 271 municipalities had different laws regulating firearms, things could get pretty messy for gun owners who have every intention of obeying the law.

This bill would replace the preemption language with new language stating firearm laws are, in fact, a matter of local concern, and local governments can enact their own laws but ONLY if they are more strict than state law – otherwise those Second Amendment Sanctuary Counties would grow some teeth.

In the day and age of criminal justice reform being such an important and versed issue, it would seem most plausible they wouldn’t want to make it harder for people to obey the law. That obviously doesn’t apply to gun owners.

SB21-256 changes current preemption language to state a “…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.”

This means any of those 64 counties or 271 towns and cities would be able to restrict firearms to whatever level their governing body should choose. Undoubtedly Second Amendment court challenges would follow…

The bill then goes on to add “…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.”

This language allows for any of those 64 counties, 271 towns and cities, 2,800 special districts, or 64 colleges to ban concealed carry whenever and wherever they’d like within their jurisdiction. Does this mean just parks and government buildings? Or downtown areas?  Or can they choose to ban concealed carry within their entire city or county limits? From the way the bill is currently worded, they’d be able to ban it at city or county limits.  And have no doubt, many cities would love to enact a conceal carry ban and strip their citizens of the right to self defense.

So, quick recap: After a madman murdered 10 people in a grocery store, in a state where violent crime is skyrocketing, the solution lawmakers have come up with to prevent tragedies like this from happening again is to strip responsible gun owners, and those worried for their own self protection, of their right to self defense in their own towns, counties, and even on college campuses where 1 in 5 women are sexually assaulted.

Many may think this bill is a knee-jerk reaction, but have no doubt, it is an intentional swipe at the firearm preemption law that has been in place since 2003. Ten days before the Boulder King Soopers shooting, a Boulder County District Judge overturned a City of Boulder ordinance banning so-called “assault weapons” along with magazines over 10 rounds. Virtue signaling gun grabbers like to use this example as to why the preemption law needs repealed. What they fail to mention is Boulder’s own set of gun laws would have done nothing to stop the shooter.  He didn’t live in Boulder.  He didn’t purchase his firearm in Boulder.  The heinous acts he committed are already highly illegal and would have carried a maximum sentence of the death penalty had Colorado not repealed it in 2020.  The only other crime committed by the Boulder shooter that would have been covered under Boulder’s own specific town laws is the open carrying of a long gun outside of the vehicle in the King Soopers parking lot – before he began his massacre. That part of the Boulder ordinance was NOT overturned by the judge, yet the Boulder DA has not added it to his list of charges.  The Boulder DA also has not added the crime of lying on ATF Form 4473 which the shooter did when he answered yes to question 21(c): if he’d ever been convicted of a crime that carried a maximum penalty of 12 months or more in prison even if he received a lesser sentence including probation. In 2017 he was convicted of Third Degree Assault which is a Misdemeanor 1 carrying a maximum sentence of 18 months in prison. Lying on ATF Form 4473 is a felony punishable by up to 5 years in prison.

This bill passed the Senate State, Veterans and Military Affairs committee on Tuesday, May 11th.  It has not yet been scheduled for Second Reading in the Senate.

Please email your State Senators and ask they vote NO on this atrocious bill! 

Not sure who your State Senator is? Look them up HERE.
If you know who your State Senator is but need contact info, find all their info on our Elected Officials page HERE.

Follow all Colorado gun related legislation at our Legislative Watch page HERE.

 

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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

 

 


 

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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.

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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.

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