1997 Concealed Carry Bill SB96 - Current Version

Senate Bill 96

Permits to Carry Concealed

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0235.01 JAPSENATE BILL 97­096

STATE OF COLORADO

BY SENATOR Chlouber;

also REPRESENTATIVE Schwarz.

JUDICIARY

REENGROSSED

A BILL FOR AN ACT

CONCERNING PERMITS TO CARRY CONCEALED HANDGUNS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Authorization for permits. Specifies that the issuance of permits to carry concealed handguns is a matter of statewide concern, and assigns to county sheriffs and the police chief of any city and county responsibility for issuing the permits.

Qualifications to receive permits. Specifies the qualifications for receiving a permit, including:

!Residency;

!Age;

!Criminal history;

!Whether the applicant is the subject of a restraining order or an emergency protection order;

!Use of controlled substances and alcoholic beverages;

!Mental health;

!Competence with a handgun;

!Whether the sheriff or police chief has grounds to believe the applicant would be dangerous to himself or herself or to others.

Use of permits. Specifies the contents of the permit and how the permit may be used. Identifies conditions under which a handgun is not considered concealed.

Submittal of applications. Specifies the documents, including an application, permit fee, and photograph, that an applicant must submit to the sheriff of the county or police chief of the city and county in which the applicant resides. Instructs the sheriff or police chief to witness the applicant's signature on the permit application, verify the applicant's identity, take two full sets of the applicant's fingerprints, and conduct a background investigation on the applicant to determine whether to grant the permit. Specifies the procedures for denying a permit, including judicial review of the denial. Instructs the sheriff or police chief to notify the CBI of persons receiving permits. Directs the sheriff or police chief to establish the amount of the new and renewal permit fees based on the costs of issuing and renewing the permits, and sets caps on the fee amounts.

Duties of CBI. Requires the CBI to send one set of fingerprints to the federal bureau of investigation for processing and process the other set of fingerprints. Requires the CBI to maintain a listing of permit holders that is available only to law enforcement agencies.

Emergency permits. Establishes procedures for issuing emergency permits by sheriffs or police chiefs to any person who is protected under a restraining or emergency protection order or who is in immediate danger.

Maintaining and renewing permits. Specifies conditions under which a permit may become invalid or may be suspended. Establishes procedures for renewing a permit, including the documents and fee to be filed and the sheriff's or police chief's duties.

Exemptions. Exempts peace officers, level I and level Ia, and comparable federal officers from the requirement to obtain a permit.

Carrying restrictions. Specifies that a permit does not authorize a permittee to carry a concealed handgun in areas where carrying is prohibited by federal law.

Immunity. Grants civil immunity to the CBI, local law enforcement agencies, and employees of said entities for the good faith implementation of the act. Grants civil immunity for damages arising from issuance or denial of a permit to persons who may provide information concerning an applicant.

Existing permits. Provides that permits issued prior to July 1, 1997, shall expire on June 30, 1998. Specifies procedures for renewing the permits.

Makes conforming amendments.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 12 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

PERMITS TO CARRY CONCEALED HANDGUNS

18­12­201.  Legislative declaration. THE GENERAL ASSEMBLY FINDS AS A MATTER OF PUBLIC POLICY AND FACT THAT THE ISSUANCE OF PERMITS TO CARRY CONCEALED HANDGUNS IS A MATTER OF STATEWIDE CONCERN, THAT IT IS NECESSARY TO PROVIDE STATEWIDE UNIFORM STANDARDS FOR ISSUING PERMITS TO CARRY CONCEALED HANDGUNS FOR SELF­DEFENSE, AND THAT IT IS NECESSARY THAT THE STATE OCCUPY THE FIELD OF REGULATION OF THE BEARING OF CONCEALED HANDGUNS FOR SELF­DEFENSE TO ENSURE THAT NO HONEST, LAW­ABIDING PERSON WHO QUALIFIES FOR A PERMIT UNDER THE PROVISIONS OF THIS PART 2 IS SUBJECTIVELY OR ARBITRARILY DENIED THE ABILITY TO CARRY A CONCEALED HANDGUN. THEREFORE, THE SHERIFF OF EACH COUNTY AND CHIEF OF POLICE IN EACH JURISDICTION IN COLORADO SHALL IMPLEMENT AND ADMINISTER THE PROVISIONS OF THIS PART 2. THE GENERAL ASSEMBLY DOES NOT DELEGATE TO THE SHERIFFS OR POLICE CHIEFS THE AUTHORITY TO REGULATE OR RESTRICT THE ISSUING OF PERMITS PROVIDED FOR IN THIS PART 2 BEYOND THE PROVISIONS OF THIS PART 2. SUBJECTIVE OR ARBITRARY ACTIONS OR RULES THAT ENCUMBER THE PERMIT ISSUING PROCESS BY PLACING BURDENS ON THE APPLICANT BEYOND THOSE SWORN STATEMENTS AND SPECIFIED DOCUMENTS DETAILED IN THIS PART 2 OR THAT CREATE RESTRICTIONS BEYOND THOSE SPECIFIED IN THIS PART 2 ARE IN CONFLICT WITH THE INTENT OF THIS PART 2 AND ARE PROHIBITED.

18­12­202.  Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION WITHIN THE DEPARTMENT OF PUBLIC SAFETY.

(2)  "DIRECTOR" MEANS THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION.

(3)  "HANDGUN" MEANS A HANDGUN AS DEFINED IN SECTION 18­12­101 (1) (e.5); EXCEPT THAT THE TERM DOES NOT INCLUDE A MACHINE GUN AS DEFINED IN SECTION 18­12­101 (1) (g).

(4)  "HANDGUN TRAINING CLASS" MEANS ONE OF THE FOLLOWING CLASSES OR COURSES, COMMENCED ON OR AFTER JULY 1, 1997, THAT SHALL INCLUDE TRAINING IN THE SAFE HANDLING AND STORAGE OF HANDGUNS, HANDGUN CARE AND MAINTENANCE, AND THE LAWFUL USE OF DEADLY PHYSICAL FORCE:

(a)  ANY NATIONAL RIFLE ASSOCIATION HANDGUN SAFETY OR TRAINING CLASS OR COURSE;

(b)  ANY HANDGUN SAFETY OR TRAINING CLASS OR COURSE AVAILABLE TO THE GENERAL PUBLIC AND OFFERED BY A LAW ENFORCEMENT AGENCY OR BY A JUNIOR COLLEGE, COLLEGE, OR UNIVERSITY OR BY A PRIVATE OR PUBLIC INSTITUTION, ORGANIZATION, OR HANDGUN TRAINING SCHOOL THAT USES INSTRUCTORS CERTIFIED BY THE NATIONAL RIFLE ASSOCIATION OR BY THE BUREAU; OR

(c)  ANY HANDGUN SAFETY OR TRAINING CLASS OR COURSE CONDUCTED BY A STATE CERTIFIED OR NATIONAL RIFLE ASSOCIATION CERTIFIED FIREARMS INSTRUCTOR.

(5)  "LAWFUL USE OF DEADLY PHYSICAL FORCE" MEANS THE USE OF DEADLY PHYSICAL FORCE, AS THAT TERM IS DEFINED IN SECTION 18­1­901 (3) (d), BY PERSONS USING HANDGUNS AND WHICH FORCE IS JUSTIFIED PURSUANT TO THE PROVISIONS OF PART 7 OF ARTICLE 1 OF THIS TITLE.

(6)  "PERMIT" MEANS A PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO THE PROVISIONS OF THIS PART 2; EXCEPT THAT "PERMIT" DOES NOT INCLUDE A TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT TO SECTION 18­12­209.

(7)  "POLICE CHIEF" MEANS THE POLICE CHIEF OF A CITY OR CITY AND COUNTY OR HIS OR HER DESIGNEE.

(8)  "SHERIFF" MEANS THE SHERIFF OF A COUNTY OR HIS OR HER DESIGNEE.

(9)  "TRAINING CERTIFICATE" MEANS A CERTIFICATE, AFFIDAVIT, OR OTHER DOCUMENT ISSUED BY THE INSTRUCTOR, SCHOOL, CLUB, OR ORGANIZATION THAT CONDUCTS A HANDGUN TRAINING CLASS THAT EVIDENCES AN APPLICANT'S SUCCESSFUL COMPLETION OF THE CLASS REQUIREMENTS. TRAINING CERTIFICATES ISSUED FOR HANDGUN TRAINING CLASSES COMMENCED ON OR AFTER JULY 1, 1997, SHALL INCLUDE AN AFFIDAVIT ATTESTING TO THE APPLICANT'S ACHIEVEMENT OF A PASSING SCORE OF AT LEAST SEVENTY PERCENT ON A WRITTEN EXAMINATION DEVELOPED BY THE ATTORNEY GENERAL'S OFFICE PURSUANT TO SECTION 18­12­208 CONCERNING THE LAWFUL USE OF DEADLY PHYSICAL FORCE IN COLORADO.

18­12­203.  Criteria for obtaining a permit. (1)  EFFECTIVE SEPTEMBER 1, 1997, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A SHERIFF OR POLICE CHIEF SHALL ISSUE A PERMIT TO CARRY A CONCEALED HANDGUN TO ANY APPLICANT WHO:

(a)  IS A CITIZEN OF THE UNITED STATES AND A LEGAL RESIDENT OF THE STATE OF COLORADO;

(b)  IS TWENTY­ONE YEARS OF AGE OR OLDER;

(c)  IS NOT INELIGIBLE TO POSSESS A FIREARM PURSUANT TO SECTION 18­12­108 OR ANY FEDERAL LAW;

(d)  HAS NOT BEEN PREVIOUSLY CONVICTED OF A FELONY AND DOES NOT HAVE ANY UNRESOLVED FELONY CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(e)  HAS NOT BEEN PREVIOUSLY CONVICTED OF THIRD DEGREE ASSAULT, AS DESCRIBED IN SECTION 18­3­204, MISDEMEANOR THIRD DEGREE SEXUAL ASSAULT, AS DESCRIBED IN SECTION 18­3­404, MISDEMEANOR CHILD ABUSE, AS DESCRIBED IN SECTION 18­6­401, OR ANY MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE OR THE UNITED STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE OFFENSE INVOLVED THE USE OF FORCE AGAINST A SPOUSE, A FORMER SPOUSE, OR A CHILD AND DOES NOT HAVE ANY SUCH UNRESOLVED CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(f)  DOES NOT HAVE AN OUTSTANDING WARRANT FOR ARREST;

(g)  HAS NOT BEEN PREVIOUSLY ADJUDICATED A JUVENILE DELINQUENT PURSUANT TO ARTICLE 2 OF TITLE 19, C.R.S., OR SIMILAR LAWS OF ANY OTHER STATE FOR AN ACT THAT WOULD HAVE CONSTITUTED A FELONY HAD THE APPLICANT BEEN AN ADULT AT THE TIME OF THE COMMISSION OF THE ACT AND DOES NOT HAVE ANY UNRESOLVED FELONY CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(h)  HAS NOT BEEN PREVIOUSLY ADJUDICATED A JUVENILE DELINQUENT FOR ANY ACT THAT WOULD CONSTITUTE THIRD DEGREE ASSAULT, AS DESCRIBED IN SECTION 18­3­204, MISDEMEANOR THIRD DEGREE SEXUAL ASSAULT, AS DESCRIBED IN SECTION 18­3­404, MISDEMEANOR CHILD ABUSE, AS DESCRIBED IN SECTION 18­6­401, OR A VIOLATION OF ANY MUNICIPAL ORDINANCE OR LAW OF ANY OTHER STATE OR THE UNITED STATES THAT INCLUDES SIMILAR ELEMENTS, WHERE THE OFFENSE INVOLVED THE USE OF FORCE AGAINST A SPOUSE, A FORMER SPOUSE, OR A CHILD HAD THE APPLICANT BEEN AN ADULT AT THE TIME OF THE COMMISSION OF THE ACT AND DOES NOT HAVE ANY SUCH UNRESOLVED CHARGES PENDING IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES;

(i)  HAS NOT, WITHIN THE TEN YEARS IMMEDIATELY PRECEDING SUBMITTAL OF THE PERMIT APPLICATION, HAD A JUDGMENT DEFERRED OR A DEFERRED PROSECUTION IN THIS STATE, ANY OTHER STATE, OR THE UNITED STATES FOR ANY OFFENSE SPECIFIED IN PARAGRAPH (d) OR (e) OF THIS SUBSECTION (1);

(j)  IS NOT THE SUBJECT OF ANY VALID RESTRAINING OR EMERGENCY PROTECTION ORDER ISSUED PURSUANT TO SECTION 13­6­107, C.R.S., ARTICLE 4 OF TITLE 14, C.R.S., SECTION 14­10­107 OR 14­10­108, C.R.S., SECTION 18­1­1001, SECTION 19­3­316 OR 19­4­111, C.R.S., OR RULE 365 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE;

(k)  DOES NOT USE CONTROLLED SUBSTANCES WITHOUT A PRESCRIPTION AND HAS NEITHER BEEN RELEASED FROM COMMITMENT FOR THE ABUSE OF A CONTROLLED SUBSTANCE PURSUANT TO SECTION 25­1­1104, 25­1­1105, 25­1­1106, OR 25­1­1107, C.R.S., NOR BEEN FOUND GUILTY OF A VIOLATION OF SECTION 18­18­404, 18­18­405, OR 18­18­406 OR ANY SIMILAR LAW OF ANOTHER STATE OR OF THE UNITED STATES RELATING TO CONTROLLED SUBSTANCES WITHIN THE TEN­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED;

(l)  DOES NOT CHRONICALLY AND HABITUALLY USE ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES ARE IMPAIRED. IT SHALL BE PRESUMED THAT AN APPLICANT CHRONICALLY AND HABITUALLY USES ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE APPLICANT'S NORMAL FACULTIES ARE IMPAIRED IF THE APPLICANT HAS BEEN COMMITTED AS AN ALCOHOLIC PURSUANT TO SECTION 25­1­308, 25­1­309, 25­1­310, OR 25­1­311, C.R.S., OR HAS HAD TWO OR MORE ALCOHOL­RELATED CONVICTIONS OR REVOCATIONS UNDER SECTION 42­4­1301 (1) OR (2) OR 42­2­126, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE WITHIN THE TEN­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED.

(m)  HAS NOT BEEN ADJUDICATED AN INCAPACITATED PERSON PURSUANT TO SECTION 15­14­304, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE OR, IF THE APPLICANT HAS BEEN ADJUDICATED AN INCAPACITATED PERSON, A COURT HAS ISSUED AN ORDER DECLARING THE PERSON COMPETENT AT LEAST TEN YEARS PRIOR TO THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED;

(n)  HAS NOT BEEN COMMITTED TO A MENTAL INSTITUTION PURSUANT TO SECTION 27­10­106 OR 27­10­107, C.R.S., OR ANY SIMILAR LAW OF ANOTHER STATE, UNLESS THE APPLICANT POSSESSES A CERTIFICATE FROM A LICENSED PSYCHIATRIST STATING THAT, SUBSEQUENT TO COMMITMENT, THE APPLICANT HAS NOT EXHIBITED A CONDITION THAT WOULD POSE A RISK TO PUBLIC SAFETY WITHIN THE TEN­YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE PERMIT APPLICATION IS SUBMITTED;

(o)  IS NOT TAKING MEDICATION FOR A PRIMARY DIAGNOSIS OF ANY ONE OR MORE OF THE FOLLOWING MAJOR MENTAL ILLNESSES, AS SUCH TERM IS DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS USED BY THE MENTAL HEALTH PROFESSION:

(I)  SCHIZOPHRENIA;

(II)  SCHIZO AFFECTIVE DISORDERS;

(III)  BIPOLAR AFFECTIVE DISORDER (MANIC DEPRESSIVE DISORDER);

(IV)  OBSESSIVE­COMPULSIVE DISORDER;

(V)  MAJOR DEPRESSIVE DISORDER;

(p)  HAS NOT BEEN FOUND IN CONTEMPT OF COURT PURSUANT TO SECTION 14­14­110, C.R.S.; AND

(q)  DEMONSTRATES COMPETENCE WITH A HANDGUN BY SUBMITTING EITHER:

(I)  A CERTIFICATE SHOWING HONORABLE DISCHARGE FROM MILITARY SERVICE THAT REFLECTS PISTOL QUALIFICATIONS OBTAINED WITHIN FIVE YEARS PRIOR TO THE DATE ON WHICH THE PERMIT APPLICATION WAS SUBMITTED; OR

(II)  A TRAINING CERTIFICATE FROM A HANDGUN TRAINING CLASS. THE APPLICANT SHALL SUBMIT THE ORIGINAL TRAINING CERTIFICATE OR A PHOTOCOPY THEREOF THAT IS CERTIFIED BY A NOTARY PUBLIC AS TO ITS ACCURACY.

(2)  IF THE SHERIFF OR POLICE CHIEF HAS ________ GROUNDS TO BELIEVE THAT AN APPLICANT HAS BEEN OR IS LIKELY TO BE A DANGER TO HIMSELF OR HERSELF, TO OTHERS, OR TO THE COMMUNITY AT LARGE, BASED ON INFORMATION OBTAINED WHILE CONDUCTING THE BACKGROUND INVESTIGATION REQUIRED UNDER SECTION 18­12­205 (4) (c), THE SHERIFF OR POLICE CHIEF SHALL DENY THE PERMIT.

(3)  THE SHERIFF OR POLICE CHIEF SHALL DENY, REVOKE, OR REFUSE TO RENEW A PERMIT IF AN APPLICANT OR A PERMITTEE FAILS TO MEET ANY OF THE CRITERIA LISTED IN SUBSECTION (1) OF THIS SECTION OR ON THE GROUNDS SPECIFIED IN SUBSECTION (2) OF THIS SECTION. FOLLOWING ISSUANCE OF A PERMIT, IF THE ISSUING SHERIFF OR POLICE CHIEF HAS REASON TO BELIEVE THAT A PERMITTEE NO LONGER MEETS THE CRITERIA SPECIFIED IN SUBSECTION (1) OF THIS SECTION OR THAT THE PERMITTEE PRESENTS A DANGER AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE SHERIFF OR POLICE CHIEF SHALL SUSPEND THE PERMIT UNTIL SUCH TIME AS THE MATTER IS RESOLVED AND THE ISSUING SHERIFF OR POLICE CHIEF DETERMINES THAT THE PERMITTEE IS ELIGIBLE TO POSSESS A PERMIT AS PROVIDED IN THIS SECTION.

18­12­204.  Contents of permits ­ validity ­ carrying requirements. (1)  EACH PERMIT SHALL BEAR A COLOR PHOTOGRAPH OF THE PERMITTEE AND SHALL DISPLAY THE SIGNATURE OF THE SHERIFF OR POLICE CHIEF WHO ISSUES THE PERMIT. A PERMIT IS VALID THROUGHOUT THE STATE FOR A PERIOD OF THREE YEARS AFTER THE DATE OF ISSUANCE AND MAY BE RENEWED AS PROVIDED IN SECTION 18­12­209.

(2)  ANY PERMITTEE, IN COMPLIANCE WITH THE TERMS OF A PERMIT, MAY CARRY A CONCEALED HANDGUN NOTWITHSTANDING THE PROVISIONS OF SECTION 18­12­105. THE PERMITTEE SHALL CARRY THE PERMIT, TOGETHER WITH VALID IDENTIFICATION, AT ALL TIMES DURING WHICH THE PERMITTEE IS IN ACTUAL POSSESSION OF A CONCEALED HANDGUN AND SHALL PRODUCE BOTH DOCUMENTS UPON DEMAND BY A LAW ENFORCEMENT OFFICER. FAILURE TO PRODUCE A PERMIT UPON DEMAND BY A LAW ENFORCEMENT OFFICER RAISES A REBUTTABLE PRESUMPTION THAT THE PERSON DOES NOT HAVE A PERMIT. FAILURE TO CARRY AND PRODUCE A PERMIT UPON DEMAND AS REQUIRED IN THIS SUBSECTION (2) IS A CLASS 2 MISDEMEANOR. A CHARGE OF FAILURE TO CARRY AND PRODUCE A PERMIT UPON DEMAND PURSUANT TO THIS SUBSECTION (2) SHALL BE DISMISSED BY THE COURT IF, AT OR BEFORE THE PERMITTEE'S SCHEDULED COURT APPEARANCE, THE PERMITTEE EXHIBITS TO THE COURT A CURRENTLY VALID PERMIT ISSUED TO THE PERMITTEE.

18­12­205.  Sheriff and police chief ­ application ­ procedure ­ background check. (1) (a) TO OBTAIN A PERMIT, A PERSON SHALL SUBMIT A PERMIT APPLICATION ON A STATEWIDE STANDARDIZED FORM DEVELOPED BY THE ATTORNEY GENERAL'S OFFICE AND AVAILABLE FROM THE SHERIFF OF THE COUNTY OR POLICE CHIEF OF THE CITY OR CITY AND COUNTY IN WHICH THE PERSON RESIDES. THE PERMIT APPLICATION FORM SHALL SOLICIT ONLY THE FOLLOWING INFORMATION FROM THE APPLICANT:

(I)  THE APPLICANT'S FULL NAME AND ADDRESS;

(II)  WHETHER THE APPLICANT IS A RESIDENT OF THIS STATE AS OF THE DATE OF APPLICATION, AND WHETHER THE APPLICANT HAS A VALID DRIVER'S LICENSE OR OTHER STATE­ISSUED PHOTO IDENTIFICATION PROVING SUCH RESIDENCE; AND

(III)  WHETHER THE APPLICANT MEETS THE CRITERIA FOR OBTAINING A PERMIT SPECIFIED IN SECTION 18­12­203 (1).

(b)  THE PERMIT APPLICATION FORM SHALL NOT REQUIRE ANY WAIVER OR RELEASE BY THE APPLICANT OF ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO WAIVER OR RELEASE OF ANY PRIVILEGED OR CONFIDENTIAL INFORMATION CONTAINED IN MEDICAL RECORDS.

(2) (a)  AN APPLICANT SHALL COMPLETE THE PERMIT APPLICATION FORM AND RETURN IT, IN PERSON, TO THE SHERIFF OF THE COUNTY IN WHICH THE APPLICANT RESIDES, IF THE APPLICANT RESIDES IN AN UNINCORPORATED AREA OF THE COUNTY OR IN AN INCORPORATED TOWN, OR TO THE POLICE CHIEF OF THE CITY OR CITY AND COUNTY IN WHICH THE APPLICANT RESIDES. THE APPLICANT SHALL SIGN THE COMPLETED PERMIT APPLICATION FORM IN PERSON BEFORE THE SHERIFF OR POLICE CHIEF. THE SIGNATURE SHALL BE GIVEN VOLUNTARILY UPON A SWORN OATH THAT THE APPLICANT KNOWS THE CONTENTS OF THE PERMIT APPLICATION AND THAT THE INFORMATION CONTAINED IN THE PERMIT APPLICATION IS TRUE AND CORRECT. ANY APPLICANT WHO KNOWINGLY AND INTENTIONALLY MAKES ANY FALSE OR MISLEADING STATEMENT ON A PERMIT APPLICATION COMMITS PERJURY AS DEFINED IN SECTION 18­8­503. UPON CONVICTION, SAID APPLICANT SHALL BE PUNISHED AS PROVIDED IN SECTION 18­1­105 AND SAID APPLICANT SHALL BE DENIED THE RIGHT TO OBTAIN OR POSSESS A PERMIT AND THE SHERIFF OR POLICE CHIEF SHALL REVOKE SAID APPLICANT'S PERMIT IF ISSUED PRIOR TO CONVICTION.

(b)  THE APPLICANT SHALL ALSO SUBMIT TO THE SHERIFF OR POLICE CHIEF A PERMIT FEE NOT TO EXCEED ONE HUNDRED TWENTY­FIVE DOLLARS FOR PROCESSING THE PERMIT APPLICATION. THE SHERIFF OR POLICE CHIEF SHALL SET THE AMOUNT OF THE PERMIT FEE AS PROVIDED IN SUBSECTION (5) OF THIS SECTION. IN ADDITION, THE APPLICANT SHALL SUBMIT AN AMOUNT SPECIFIED BY THE DIRECTOR, PURSUANT TO SECTION 24­72­306, C.R.S., FOR PROCESSING THE APPLICANT'S FINGERPRINTS THROUGH THE BUREAU AND THROUGH THE FEDERAL BUREAU OF INVESTIGATION. THE APPLICANT SHALL PAY THE AMOUNT FOR PROCESSING FINGERPRINTS IN THE FORM OF A MONEY ORDER OR A CASHIER'S CHECK MADE PAYABLE TO THE BUREAU. NEITHER THE PERMIT FEE NOR THE FINGERPRINT PROCESSING FEE SHALL BE REFUNDABLE IN THE EVENT THE SHERIFF OR POLICE CHIEF DENIES THE APPLICANT'S PERMIT APPLICATION OR SUSPENDS OR REVOKES THE PERMIT SUBSEQUENT TO ISSUANCE.

(3)  IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, THE APPLICANT, WHEN SUBMITTING THE COMPLETED PERMIT APPLICATION, SHALL SUBMIT THE FOLLOWING ITEMS TO THE SHERIFF OR POLICE CHIEF:

(a)  DOCUMENTARY EVIDENCE DEMONSTRATING COMPETENCE WITH A HANDGUN AS SPECIFIED IN SECTION 18­12­203 (1) (q); AND

(b)  A FULL FRONTAL VIEW COLOR PHOTOGRAPH OF THE APPLICANT TAKEN WITHIN THE THIRTY DAYS IMMEDIATELY PRECEDING SUBMITTAL OF THE PERMIT APPLICATION. THE PHOTOGRAPH SHALL SHOW THE APPLICANT'S FULL HEAD, INCLUDING HAIR AND FACIAL FEATURES, AND THE DEPICTION OF THE APPLICANT'S HEAD SHALL MEASURE ONE AND ONE­EIGHTH INCHES WIDE AND ONE AND ONE­FOURTH INCHES HIGH.

(4) (a)  THE SHERIFF OR POLICE CHIEF SHALL WITNESS THE APPLICANT'S SIGNATURE ON THE PERMIT APPLICATION AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, REVIEW THE APPLICANT'S PHOTOGRAPH, AND VERIFY THAT THE PERSON MAKING APPLICATION FOR A PERMIT IS THE SAME PERSON IN THE PHOTOGRAPH SUBMITTED AND THE SAME PERSON WHO SIGNED THE PERMIT APPLICATION FORM. TO VERIFY THE APPLICANT'S IDENTITY, THE APPLICANT SHALL PRESENT TO THE SHERIFF OR POLICE CHIEF THE APPLICANT'S VALID COLORADO DRIVER'S LICENSE OR VALID COLORADO PHOTO IDENTIFICATION.

(b)  AFTER VERIFYING THE APPLICANT'S IDENTITY, THE SHERIFF OR POLICE CHIEF SHALL TAKE TWO COMPLETE SETS OF THE APPLICANT'S FINGERPRINTS. THE SHERIFF OR POLICE CHIEF SHALL SUBMIT BOTH SETS OF FINGERPRINTS TO THE BUREAU. IN THE EVENT A LEGIBLE SET OF FINGERPRINTS, AS DETERMINED BY THE BUREAU OR THE FEDERAL BUREAU OF INVESTIGATION, CANNOT BE OBTAINED AFTER TWO ATTEMPTS, THE SHERIFF OR POLICE CHIEF SHALL CONDUCT A NAME CHECK, RATHER THAN A FINGERPRINT CHECK.

(c)  AFTER RECEIPT OF A PERMIT APPLICATION AND THE ITEMS SPECIFIED IN THIS SECTION, THE SHERIFF OR POLICE CHIEF SHALL CONDUCT A BACKGROUND INVESTIGATION TO VERIFY THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND IS NOT A DANGER AS DESCRIBED IN SECTION 18­12­203 (2). IN CONDUCTING THE BACKGROUND INVESTIGATION, THE SHERIFF OR POLICE CHIEF SHALL CONSULT WITH ANY OTHER LOCAL LAW ENFORCEMENT AGENCIES LOCATED IN THE SHERIFF'S OR POLICE CHIEF'S JURISDICTION.

(5)  THE SHERIFF OR POLICE CHIEF IN EACH CITY, COUNTY, OR CITY AND COUNTY IN THE STATE SHALL ESTABLISH THE AMOUNT OF THE NEW AND RENEWAL PERMIT FEES WITHIN HIS OR HER JURISDICTION. THE AMOUNT OF THE NEW AND RENEWAL PERMIT FEES SHALL COMPLY WITH THE LIMITS SPECIFIED IN PARAGRAPH (b) SUBSECTION (2) OF THIS SECTION AND SECTION 18­12­211 (1), RESPECTIVELY. THE FEE AMOUNTS SHALL REFLECT THE DIRECT AND INDIRECT COSTS TO THE SHERIFF OR POLICE CHIEF OF PROCESSING PERMIT APPLICATIONS AND RENEWAL APPLICATIONS PURSUANT TO THIS PART 2.

18­12­206.  Sheriff and police chief ­ issuance or denial of permits ­ notice to bureau. (1)  WITHIN NINETY DAYS AFTER THE DATE OF RECEIPT OF THE ITEMS SPECIFIED IN SECTION 18­12­205, THE SHERIFF OR POLICE CHIEF SHALL:

(a)  APPROVE THE PERMIT APPLICATION AND ISSUE THE PERMIT; OR

(b)  DENY THE PERMIT APPLICATION BASED SOLELY ON THE GROUND THAT THE APPLICANT FAILS TO QUALIFY UNDER THE CRITERIA LISTED IN SECTION 18­12­203 (1) OR THAT THE APPLICANT WOULD BE A DANGER AS DESCRIBED IN SECTION 18­12­203 (2). IF THE SHERIFF OR POLICE CHIEF DENIES THE PERMIT APPLICATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING, STATING THE GROUNDS FOR DENIAL AND INFORMING THE APPLICANT OF THE RIGHT TO SEEK JUDICIAL REVIEW PURSUANT TO RULE 106 OF THE COLORADO RULES OF CIVIL PROCEDURE.

(2)  IF THE SHERIFF OR POLICE CHIEF DOES NOT RECEIVE THE RESULTS OF THE FINGERPRINT CHECKS CONDUCTED BY THE BUREAU AND BY THE FEDERAL BUREAU OF INVESTIGATION WITHIN NINETY DAYS AFTER RECEIVING A PERMIT APPLICATION, THE SHERIFF OR POLICE CHIEF SHALL DETERMINE WHETHER TO GRANT OR DENY THE PERMIT APPLICATION WITHOUT CONSIDERING SUCH INFORMATION. IF, UPON RECEIPT OF SUCH INFORMATION, THE SHERIFF OR POLICE CHIEF FINDS THAT THE APPLICANT DOES NOT MEET THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) OR THAT THE APPLICANT WOULD BE A DANGER AS DESCRIBED IN SECTION 18­12­203 (2), THE SHERIFF OR POLICE CHIEF SHALL REVOKE THE PERMIT, IF ISSUED.

(3)  WITHIN THIRTY DAYS AFTER ISSUING A PERMIT OR RENEWING A PERMIT PURSUANT TO SECTION 18­12­211, THE SHERIFF OR POLICE CHIEF SHALL SUBMIT TO THE BUREAU THE NAME, ADDRESS, AND PHYSICAL DESCRIPTION OF THE PERMITTEE AND THE PERMIT EXPIRATION DATE. IF A PERMIT IS REVOKED PRIOR TO THE EXPIRATION DATE, THE SHERIFF OR POLICE CHIEF SHALL IMMEDIATELY NOTIFY THE BUREAU OF THE REVOCATION.

(4)  NOTWITHSTANDING THE PROVISIONS OF SECTION 18-12-207 (2), EACH SHERIFF OR POLICE CHIEF MAY PUBLICLY RELEASE THE NAME OF ANY PERSON TO WHOM THE SHERIFF OR POLICE CHIEF ISSUES A PERMIT.

18­12­207.  Colorado bureau of investigation ­ duties. (1)  ON RECEIPT OF A PERMIT APPLICANT'S FINGERPRINTS FROM A SHERIFF OR POLICE CHIEF PURSUANT TO SECTION 18­12­205 (4), THE BUREAU SHALL PROCESS THE FULL SET OF FINGERPRINTS TO OBTAIN ANY AVAILABLE STATE OR FEDERAL CRIMINAL JUSTICE INFORMATION PURSUANT TO SECTION 16­21­103, C.R.S., AND SHALL REPORT ANY INFORMATION RECEIVED TO THE SHERIFF OR POLICE CHIEF. IN ADDITION, WITHIN TEN DAYS AFTER RECEIVING THE FINGERPRINTS, THE BUREAU SHALL FORWARD ONE SET OF THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR PROCESSING TO OBTAIN ANY AVAILABLE STATE OR FEDERAL CRIMINAL JUSTICE INFORMATION.

(2)  THE BUREAU SHALL MAINTAIN AN AUTOMATED LISTING OF PERMIT HOLDERS AND PERTINENT INFORMATION, AND THE INFORMATION SHALL BE AVAILABLE ON­LINE TO ALL LAW ENFORCEMENT AGENCIES THROUGH THE COLORADO CRIME INFORMATION CENTER. SUCH INFORMATION SHALL NOT BE AVAILABLE FROM THE BUREAU TO THE PUBLIC PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24, C.R.S., COMMONLY KNOWN AS THE "OPEN RECORDS ACT".

18­12­208.  Attorney general's office ­ duties. THE ATTORNEY GENERAL'S OFFICE SHALL DEVELOP A WRITTEN EXAMINATION DESIGNED TO DETERMINE WHETHER AN EXAMINEE HAS A BASIC KNOWLEDGE OF THE LAWFUL USE OF DEADLY PHYSICAL FORCE UNDER COLORADO LAW. THE EXAMINATION SHALL TEST THE EXAMINEE'S KNOWLEDGE OF THE APPROPRIATE LEGAL ACTIONS TO BE TAKEN UNDER LIKELY SCENARIOS. THE EXAMINATION SHALL BE DESIGNED SO THAT A PERSON WITH A BASIC UNDERSTANDING OF THE LAWFUL USE OF PHYSICAL FORCE MAY ACHIEVE A PASSING SCORE OF AT LEAST SEVENTY PERCENT ON THE EXAMINATION.

18­12­209.  Issuance by sheriffs and police chiefs of temporary emergency permits.(1)  NOTWITHSTANDING ANY PROVISIONS OF THIS PART 2 TO THE CONTRARY, A SHERIFF OR POLICE CHIEF MAY, IN HIS OR HER DISCRETION, ISSUE A TEMPORARY EMERGENCY PERMIT TO CARRY A CONCEALED HANDGUN TO ANY PERSON RESIDING IN THE SHERIFF'S OR POLICE CHIEF'S JURISDICTION WHOM THE SHERIFF OR POLICE CHIEF HAS REASON TO BELIEVE MAY BE IN IMMEDIATE DANGER.

(2)  TO RECEIVE A TEMPORARY EMERGENCY PERMIT, A PERSON SHALL SUBMIT TO THE SHERIFF OF THE COUNTY OR POLICE CHIEF OF THE CITY OR CITY AND COUNTY IN WHICH THE PERSON RESIDES THE ITEMS SPECIFIED IN SECTION 18­12­205; EXCEPT THAT AN APPLICANT FOR A TEMPORARY EMERGENCY PERMIT SHALL SUBMIT A TEMPORARY PERMIT FEE NOT TO EXCEED TWENTY­FIVE DOLLARS, AS SET BY THE SHERIFF OR POLICE CHIEF. UPON RECEIPT OF SAID DOCUMENTS, THE SHERIFF OR POLICE CHIEF MAY CONDUCT A COMPUTER RECORDS CHECK OF THE BUREAU AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY FILES. THE SHERIFF OR POLICE CHIEF MAY ISSUE A TEMPORARY EMERGENCY PERMIT TO THE APPLICANT ONLY IF THE COMPUTER RECORDS CHECK SHOWS THAT THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SECTION 18­12­203. ANY TEMPORARY EMERGENCY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR A PERIOD OF NINETY DAYS AFTER THE DATE OF ISSUANCE AND MAY BE RENEWED BY THE ISSUING SHERIFF OR POLICE CHIEF ONCE WITHIN TEN DAYS AFTER EXPIRATION FOR AN ADDITIONAL PERIOD OF NINETY DAYS.

18­12­210.  Maintenance of permit ­ address change ­ invalidity of permit.(1)  WITHIN THIRTY DAYS AFTER A PERMITTEE CHANGES HIS OR HER PERMANENT ADDRESS OR WITHIN THREE BUSINESS DAYS AFTER HIS OR HER PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMITTEE SHALL NOTIFY THE ISSUING SHERIFF OR POLICE CHIEF OF THE CHANGE OF ADDRESS OR PERMIT LOSS, THEFT, OR DESTRUCTION. FAILURE TO NOTIFY THE SHERIFF OR POLICE CHIEF PURSUANT TO THIS SUBSECTION (1) IS A CLASS 1 PETTY OFFENSE.

(2)  IF A PERMIT IS LOST, STOLEN, OR DESTROYED, THE PERMIT IS AUTOMATICALLY INVALID. THE PERSON TO WHOM THE PERMIT WAS ISSUED MAY OBTAIN A DUPLICATE OR SUBSTITUTE THEREFOR UPON PAYMENT OF FIFTEEN DOLLARS TO THE ISSUING SHERIFF OR POLICE CHIEF AND UPON SUBMISSION OF A NOTARIZED STATEMENT TO THE ISSUING SHERIFF OR POLICE CHIEF THAT THE PERMIT HAS BEEN LOST, STOLEN, OR DESTROYED.

18­12­211.  Renewal of permits.(1)  WITHIN NINETY DAYS PRIOR TO EXPIRATION OF THE PERMIT, THE PERMITTEE MAY OBTAIN A RENEWAL FORM FROM THE ISSUING SHERIFF OR POLICE CHIEF AND RENEW THE PERMIT BY SUBMITTING TO THE ISSUING SHERIFF OR POLICE CHIEF A COMPLETED RENEWAL FORM, A NOTARIZED AFFIDAVIT STATING THAT THE PERMITTEE REMAINS QUALIFIED PURSUANT TO THE CRITERIA SPECIFIED IN SECTION 18­12­203 (1) AND THAT THE PERMITTEE DOES NOT POSE A DANGER AS DESCRIBED IN SECTION 18­12­203 (2), AND THE REQUIRED RENEWAL FEE NOT TO EXCEED ONE HUNDRED DOLLARS, AS SET BY THE SHERIFF OR POLICE CHIEF PURSUANT TO SECTION 18­12­205 (5). UPON RECEIPT OF THE PERMIT RENEWAL DOCUMENTS, THE SHERIFF OR POLICE CHIEF SHALL CONDUCT A BACKGROUND INVESTIGATION AS PROVIDED IN SECTION 18­12­205 (4) AND SHALL EITHER RENEW OR DENY THE RENEWAL OF THE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18­12­206 (1).

(2)  A PERMITTEE WHO FAILS TO FILE A RENEWAL FORM ON OR BEFORE THE PERMIT EXPIRATION DATE MAY RENEW THE PERMIT BY PAYING A LATE FEE OF FIFTEEN DOLLARS IN ADDITION TO THE RENEWAL FEE ESTABLISHED PURSUANT TO SUBSECTION (1) OF THIS SECTION. NO PERMIT SHALL BE RENEWED SIX MONTHS OR MORE AFTER ITS EXPIRATION DATE, AND THE PERMIT SHALL BE DEEMED TO BE PERMANENTLY EXPIRED. A PERSON WHOSE PERMIT HAS PERMANENTLY EXPIRED MAY REAPPLY FOR A PERMIT, BUT THE PERSON SHALL SUBMIT AN APPLICATION FOR A PERMIT AND THE FEE REQUIRED PURSUANT TO SECTION 18­12­205. THE SHERIFF OR POLICE CHIEF SHALL CONDUCT A BACKGROUND INVESTIGATION PURSUANT TO THE PROVISIONS OF SECTION 18­12­205 (4). A PERSON WHO KNOWINGLY AND INTENTIONALLY FILES FALSE OR MISLEADING INFORMATION PURSUANT TO THIS SECTION IS SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY UNDER SECTION 18­8­503.

18­12­212.  Exemption.THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVEL I AND LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) AND (3) (l) (II), AND FEDERAL OFFICERS WHOSE DUTIES ARE COMPARABLE TO THOSE PERFORMED BY PEACE OFFICERS, LEVELS I AND Ia. IN ADDITION, THIS PART 2 SHALL NOT APPLY TO PEACE OFFICERS, LEVEL II, AS DEFINED IN SECTION 18­1­901 (3) (l) (III), WHILE ON DUTY.

18­12­213.  Restrictions on carrying concealed handgun.(1) A PERMIT ISSUED PURSUANT TO THIS PART 2 DOES NOT AUTHORIZE ANY PERSON TO CARRY A CONCEALED HANDGUN INTO ANY PLACE WHERE THE CARRYING OF FIREARMS IS PROHIBITED BY FEDERAL LAW.

(2) ANY LOCAL GOVERNMENT MAY BY ORDINANCE OR RESOLUTION PROHIBIT HANDGUNS, OPEN OR CONCEALED, WITHIN DISCRETE, SPECIFIED AREAS WITHIN ITS JURISDICTION; EXCEPT THAT NOTHING HEREIN SHALL BE CONSTRUED TO AUTHORIZE ANY LOCAL GOVERNMENT TO ADOPT OR ENFORCE AN ORDINANCE OR RESOLUTION OF GENERAL APPLICABILITY THROUGHOUT THE JURISDICTION OF THE LOCAL GOVERNMENT THAT WOULD PURPORT TO PROHIBIT HANDGUNS, OPEN OR CONCEALED, AND IT SHALL NOT BE AN OFFENSE UNDER ANY ORDINANCE OR RESOLUTION ADOPTED PURSUANT TO THIS SUBSECTION (2) IF A PERSON CARRYING A CONCEALED HANDGUN HOLDS A VALID PERMIT ISSUED PURSUANT TO THIS PART 2 OR PURSUANT TO SECTION 18-12-105.1 AS IT EXISTED PRIOR TO JULY 1, 1997.

18­12­214.  Immunity.(1) THE BUREAU AND ANY LOCAL LAW ENFORCEMENT AGENCY AND ANY INDIVIDUAL EMPLOYED BY THE BUREAU OR A LOCAL LAW ENFORCEMENT AGENCY SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS PART 2.

(2)  ANY MEDICAL PERSONNEL AND ANY ORGANIZATIONS THAT OFFER HANDGUN TRAINING CLASSES AND THEIR PERSONNEL WHO IN GOOD FAITH PROVIDE INFORMATION REGARDING AN APPLICANT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM ISSUANCE OR DENIAL OF A PERMIT.

18­12­215.  Permits issued prior to July 1, 1997.(1)  ANY PERMIT ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1997, SHALL PERMANENTLY EXPIRE ON JUNE 30, 1998, OR ON THE EXPIRATION DATE SPECIFIED ON THE PERMIT, IF ANY, WHICHEVER IS EARLIER. ANY PERSON WHO SUBMITTED A FULL SET OF FINGERPRINTS TO OBTAIN A PERMIT PRIOR TO JULY 1, 1997, UPON EXPIRATION OF SAID PERMIT, MAY APPLY FOR RENEWAL OF SAID PERMIT AS PROVIDED IN THIS PART 2. ANY PERSON WHO DID NOT SUBMIT A FULL SET OF FINGERPRINTS TO OBTAIN A PERMIT PRIOR TO JULY 1, 1997, UPON EXPIRATION OF SAID PERMIT, MAY APPLY FOR A NEW PERMIT AS PROVIDED IN THIS PART 2.

(2)  WITHIN NINETY DAYS PRIOR TO THE EXPIRATION OF ANY PERMIT ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1997, THE ISSUING AUTHORITY SHALL SEND A NOTICE OF EXPIRATION TO THE PERMIT HOLDER NOTIFYING THE PERMIT HOLDER OF THE PERMIT EXPIRATION AS PROVIDED IN SUBSECTION (1) OF THIS SECTION AND OF HIS OR HER ABILITY TO RENEW THE PERMIT OR OBTAIN A NEW PERMIT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION.

SECTION 2. Repeal. 18­12­105.1, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is repealed.

SECTION 3. 18­12­105 (2) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended, and the said 18­12­105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

18­12­105.  Unlawfully carrying a concealed weapon ­ unlawful possession of weapons. (2)  It shall be an affirmative defense that the defendant was:

(c)  A person who, prior to the time of carrying a concealed weapon, has been issued a written permit pursuant to section 18­12­105.1 to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or

(3)  IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF THE DEFENDANT WAS A PERSON WHO, AT THE TIME OF CARRYING A CONCEALED WEAPON, HOLDS A VALID PERMIT TO CARRY A CONCEALED WEAPON ISSUED PURSUANT TO SECTION 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1997, OR, IF THE WEAPON INVOLVED IS A HANDGUN, HOLDS A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE.

SECTION 4. 18­12­105.5 (3) (d), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­12­105.5.  Unlawfully carrying a weapon ­ unlawful possession of weapons ­ school, college, or university grounds. (3)  It shall not be an offense under this section if:

(d)  The person, prior to AT the time of carrying a concealed weapon, has been issued a HOLDS A VALID written permit TO CARRY CONCEALED WEAPONS ISSUED pursuant to section 18­12­105.1, to carry the weapon by the chief of police of a city or city and county or the sheriff of a county AS IT EXISTED PRIOR TO JULY 1, 1997, OR, IF THE WEAPON INVOLVED IS A HANDGUN, HOLDS A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED PURSUANT TO PART 2 OF THIS ARTICLE; or

SECTION 5. 18­12­106 (1) (d), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:

18­12­106.  Prohibited use of weapons. (1)  A person commits a class 2 misdemeanor if:

(d)  He THE PERSON has in his OR HER possession a firearm while he THE PERSON is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12­22­303 (7), C.R.S. Possession of a permit issued under section 18­12­105.1, AS IT EXISTED PRIOR TO JULY 1, 1997, OR POSSESSION OF A PERMIT ISSUED PURSUANT TO PART 2 OF THIS ARTICLE is no defense to a violation of this subsection (1).

SECTION 6. 24­33.5­412 (1) (o), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:

24­33.5­412.  Functions of bureau ­ legislative review. (1)  The bureau has the following authority:

(o)  When requested by a police chief or sheriff, to conduct a criminal history check of an applicant for a permit to carry a concealed weapon, including processing of fingerprints, as provided in section 18­12­105.1 (2), C.R.S. TO CARRY OUT THE DUTIES SET FORTH IN PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 7. 30­10­523, Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:

30­10­523.  Sheriff ­ permits for concealed handguns. The sheriff of each county may SHALL issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18­12­105.1, C.R.S. HANDGUNS AS PROVIDED IN PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 8. 31­4­112.1, Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:

31­4­112.1.  Chief of police ­ permits for concealed handguns. The chief of police of a city or city and county may SHALL issue written permits to carry concealed weapons. Any such permit shall be issued in accordance with section 18­12­105.1, C.R.S. HANDGUNS AS PROVIDED IN PART 2 OF ARTICLE 12 OF TITLE 18, C.R.S.

SECTION 9. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys collected pursuant to section 18­12­205 (2) (b), Colorado Revised Statutes, to the department of public safety for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 1997, the sum of five hundred twenty-eight thousand three hundred eighty dollars ($528,380) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 10. Effective date ­ applicability. This act shall take effect July 1, 1997. Sections 3, 4, and 5 of this act shall apply to offenses committed on or after said date.

SECTION 11.Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

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