Senate to revive Chlouber's SB84, kill HB1316;
SB84 has criminal safezones, other anti-gun provisions
Dean's HB1316 reportedly in trouble
Ken Chlouber's SB84 has been tabled in the Senate Judiciary since Feb. 1, when the committee voted Musgrave's SB156 out of committee to later die at the hands of liberal House GOP leaders.
With Rep. Doug Dean's House Bill 1316 taking fire from the press and the Governor (who is trying to find cover on the concealed carry issue), politicians have decided to abandon Dean's horse and ride another, all to try to get rid of this controversial issue and gun rights advocates.
Most insiders believe the preemption language for all gun issues and the prohibition on suing gun manufacturers has burdened HB1316 to the point that it has too many enemies. With large lobbies like the Colorado Municipal league (which wants to keep firearms decisions at a local level, protecting their power base), the trial lawyers (who do not want to add prohibitions on who can be sued), and opposition from hardcore gunnies (who don't like all the compromises of their gun rights on1316) this concealed carry bill consolidated too many enemies. Instead, they turn to an even worse bill.
Chlouber's SB84 has criminal safezones, other anti-gun language
Though it won't show on the state web site, Senate Bill 84 had criminal safezones added in the Judiciary Committee before it was tabled. This means that you could get a permit, but not be able to carry concealed in any athletic event (pro, college, or any school), in any government building, or in any school. For those already with permits, this is a huge step backward.
SB84 also has sheriff discretion, turning this so-called "shall issue" bill into a "may issue" bill. And, like HB1316, you can be denied a permit if you have been convicted of a domestic violence misdemeanors, mirroring the unconstitutional federal Lautenberg Gun Ban.
Worst of all, SB84 requires fingerprints and creates a statewide database of permit holders, administered by the CBI. This gun registration ploy only serves to create large Orwellian databases of fingerprints, names, addresses, and any information possible to keep track of law-abiding citizens.
Why not just pass a bill, and try next year?
Whining from the "pass anything and keep the politicians happy" compromisers has made many marginal lawmakers run for cover, voting for anything as long as it is labeled "concealed carry" and will relieve the pressure. Their standard ploy is to suggest we pass anything, and "fix it in a couple of years." Those are the kind of promises that only the most naïve will buy.
If a bad bill is passed, gun owners are stuck with it for the foreseeable future. All it takes is one glance at the willingness of most politicians to get rid of this issue, and it is obvious that if they can pass any bill, they won't be revisiting the concealed carry issue anytime soon. Make no mistake about it: anti-gun provisions passed through these bills will not be easily changed.
House passes HB1316 with Lautenberg gun ban;
SB156 and Vermont Law Amendments are defeated
March 19, 1999 - The Colorado House today passed HB1316, a compromise concealed carry bill and the only active CCW bill in the legislature
HB1316 slightly improved
Though some of Sheriff discretion was removed (thanks to your pressure) the bill still has problems.
St. Rep. Scott McKay, the House sponsor to the now-dead SB156, offered an amendment to change the restrictive language of HB1316 into a more-free SB156.
At the direction of the bill sponsor and the NRA, the Lautenberg gun ban language, opposed by gun owners on a federal level, is still a part of the bill. This means that if you have ever been convicted of a domestic violence charge, the state of Colorado stops you from getting a CCW permit and the federal government denies you the right to own a weapon. With this language, HB1316 is fair game to kill for lawmakers who are not willing to pass gun control, no matter its form.
Amendments to remove the entire Lautenberg language failed, as did efforts to lower the fee (this bill sets a maximum of $100, though South Dakota only charges $8, New Hampshire $20, etc).
Later in the floor action, State Rep. Mark Paschall offered a "Vermont Law" amendment, which would have simply removed the penalty for law-abiding citizens who carry concealed without a permit.
"I am tired of the legislature turning a right into a privilege," said Paschall. "The secret goal of government is to incrementally take away our freedoms, and I won't be a part of it."
Paschall's Vermont Law amendment, as well as McKay's SB156 language amendment, each garnered only the votes of State Reps. Lauri Clapp, Rob Fairbank, Don Lee, Don McElhany, Scott McKay, Shawn Mitchell, Joe Nunez, Mark Paschall, and Penn Pfiffner.
HB1316 now faces one more vote in the House, called Third Reading. It is then sent over to the Senate where President Ray Powers assigns the bill to a committee
Word within the State Capitol is that sponsors of HB1316 are considering adding criminal safezones to their bill to make it more palatable to some members of the Senate, though many of HB1316's supporters claim to be adamantly opposed to these no-safety zones.
More later as news develops.
Musgrave/McKay Concealed Carry bill dies in House Judiciary Committee
March 4, 1999 -- As predicted, the House Judiciary Committee has killed SB156, the only concealed carry bill to make it through the Senate. HB1316 is still scheduled for a floor vote in the House.
Testifying against the least restrictive concealed carry bill ever offered in the Colorado legislature was the Colorado State Shooting Association and the Firearms Coalition of Colorado.
SB156 moved the yard sticks. Rather than just assuming we must take what the politicians give us and be happy, it asked for FAR more than any previous CCW bill. The bill died on a vote of 10-3, with only Reps. Decker, Hefley and Mitchell supporting the bill.
HB1316 needs cleaning
State Rep. Doug Dean's HB1316 has done what it intended: it killed the bill that passed the Senate (SB156), and gave Governor Owens a pass on making a tough decision were he to face a bill that did not require training.
Now gun rights activists must work to fix the ailing HB1316, which has more than its fair share of problems:
- sponsors put on an amendment in the House Agriculture Committee to give Sheriff's discretion on the application, which is no different than the current situation. Any sheriff could simply point to any situation, any incident relating to an applicant, and deny the permit, no matter how minor. It would make for a victory in name only.
- HB1316 reinforces the Lautenberg Gun Ban, which was passed on the federal level several years ago and may be the most insidious infringement of gun rights in history. Anyone convicted of a domestic violence charge would be denied a permit, a concept that GOA has fought in Congress for years. It is not surprising that the NRA would support such language: their "repeal" of Lautenberg (sponsored by Congressman Bob Barr) would only remove the retroactivity of Lautenberg, again conceding a huge amount of territory to the gun grabbers.
To leave this kind of language on a Colorado concealed carry bill is a de facto endorsement of Lautenberg -- be assured we will do everything in our power to remove this language.
- The fee, a maximum of $100 for a 5 year permit, is too high. Politicians increased the fee on SB156, and made sure HB1316 had a high fee in order to fatten the bureaucrats' budgets, who would have to spend less than $20 to do the background check.
What you can do:
Call your State Representative today at 303-866-2904 and tell him/her that HB1316 should only be passed if it is cleaned up -- we have worked too hard for the last 6 years to pass a concealed carry bill that does nothing but keep the politicians happy.