Posted on 02/08/2013 3:43:09 PM PST by Red Steel
Newly blue state could see red with proposed gun laws
Colorado's state legislature is the stage where one of nation's fiercest gun debates will unfold.
A state with a strong tradition of sport shooting and hunting, Colorado is also home to two of the country's deadliest mass shootings.
Recently state legislators have introduced bills on everything from universal background checks, to limiting high-capacity magazines over 10 rounds, to holding gun manufacturers and dealers liable if their products fall into dangerous hands—a bill that actually runs counter to current federal law, which protects gun makers and sellers.
"It's going to be a hard fought and nasty battle," says Tom Mauser, a gun-control activist whose son Daniel was killed at Columbine High School. "The linchpin is that Colorado's been home to two of the worst massacres and the demographics of the state are really changing."
[PICTURES: The Gun Control Debate, in Plain English]
In 1999, Eric Harris and Dylan Klebold killed 13 at Columbine High School. In July 2012, James Holmes allegedly wounded 58 and killed 12 at an Aurora, Colo., movie theater.
In the more than a decade since Columbine, activists on both sides of the gun debate, say the political landscape of the once-Republican state has shifted dramatically. After Columbine, Colorado voters saw one new piece of gun legislation. Residents voted to close the gun show loophole in the state. But after a year where a movie theater and elementary school shooting shook the nation, it looks as if the state could be on the verge of passing a more sweeping collection of gun-control bills.
Colorado is a swing state now—President Barack Obama won there in 2012 and both state houses and the governor's mansion are controlled by Democrats.
The state's Hispanic population—a constituency that tends to favor stronger gun-control laws—has steadily climbed from 17 percent in 2000 to nearly 21 percent in 2010.
[ENJOY: Political Cartoons About Gun Control]
And out of staters have fled to Denver, one of the country's fastest growing cities.
A Denver Post poll in January showed more than 60 percent of Coloradans supported background checks, limiting high-capacity magazines and banning some types of semi-automatic weapons. While residents still back the National Rifle Association, with 56 percent saying they still see the group favorably.
The state's mixed feelings on guns trickle into the Democratic Party, which will choose just how far the state goes on controlling come semi-automatic weapons. Many Democratic lawmakers hail from suburban or rural swing districts where gun rights are still important to constituents.
And the Democrats are not yet on the same page.
"The Democratic party has tried to avoid the gun issue in Colorado for quite some time. They tinker on the margins," says Dudley Brown, the executive director of Rocky Mountain Gun Owners, a pro-gun group that opposes semi-automatic weapon bans and universal background checks. "They are not a monolithic group."
[READ: How to Protect Yourself in a Mass Shooting]
Democratic Colorado State Rep. Rhonda Fields of Aurora is at the forefront of the fight to curb gun violence. The legislator, whose son was gunned down in 2005, introduced a new series of gun laws this week.
But some, like Democratic Colorado State Rep. Ed Vigil, opposes new gun bills that limit military-style weapons, telling the Denver Post that he did not believe they would stop criminals.
The magazine ban:
“House Committees Senate Committees Judiciary
A BILL FOR AN ACT
101 CONCERNING PROHIBITING LARGE-CAPACITY AMMUNITION
102 MAGAZINES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.)
The bill prohibits the sale, transfer, or possession of an
ammunition feeding device that is capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells (large-capacity magazine). A person may possess a large-capacity magazine if he or she owns the large-capacity magazine
HOUSE SPONSORSHIP
Fields,
SENATE SPONSORSHIP
Hodge,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. on the effective date of the bill and maintains continuous possession of
the large-capacity magazine.
A person who sells, transfers, or possesses a large-capacity
magazine in violation of the new provision commits a class 2
misdemeanor. A large-capacity magazine that is manufactured in Colorado on or after the effective date of the bill must include a serial number and the date upon which the large-capacity magazine was manufactured or assembled. The serial number and date must be legibly and conspicuously
engraved or cast upon the outer surface of the large-capacity magazine.
The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after the effective date of the bill to bear identifying information in addition to the
serial number and date of assembly.
A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor. 1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. In Colorado Revised Statutes, add part 3 to article
3 12 of title 18 as follows:
4 PART 3
5 LARGE-CAPACITY AMMUNITION MAGAZINES
6 18-12-301. Definitions. AS USED IN THIS PART 3, UNLESS THE
7 CONTEXT OTHERWISE REQUIRES:
8 (1) “BUREAU” MEANS THE COLORADO BUREAU OF INVESTIGATION
9 CREATED AND EXISTING PURSUANT TO SECTION 24-33.5-401, C.R.S.
10 (2) (a) “LARGE-CAPACITY MAGAZINE” MEANS A FIXED OR
11 DETACHABLE MAGAZINE, BOX, DRUM, FEED STRIP, OR SIMILAR DEVICE
12 CAPABLE OF ACCEPTING, OR THAT CAN BE READILY CONVERTED TO
13 ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION OR MORE THAN FIVE
14 SHOTGUN SHELLS.
15 (b) “LARGE-CAPACITY MAGAZINE” DOES NOT MEAN:
16 (I) A FEEDING DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO
-2- HB13-1224
1 THAT IT CANNOT ACCOMMODATE MORE THAN TEN ROUNDS OF
2 AMMUNITION;
3 (II) A .22 CALIBER TUBE AMMUNITION FEEDING DEVICE; OR
4 (III) A TUBULAR MAGAZINE THAT IS CONTAINED IN A
5 LEVER-ACTION FIREARM.
6 18-12-302. Large-capacity magazines prohibited - penalties -
7 exceptions. (1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ON
8 AND AFTER JULY 1,2013, A PERSON WHO SELLS, TRANSFERS, OR POSSESSES
9 A LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
10 (b) A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
11 AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF SAID
12 SUBSECTION (1) COMMITS A CLASS 1 MISDEMEANOR.
13 (c) A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
14 COMMITS A CLASS 6 FELONY IF THE PERSON POSSESSED A LARGE-CAPACITY
15 MAGAZINE DURING THE COMMISSION OF A FELONY OR ANY CRIME OF
16 VIOLENCE, AS DEFINED IN SECTION 18-1.3-406.
17 (2) (a) A PERSON MAY POSSESS A LARGE-CAPACITY MAGAZINE IF
18 HE OR SHE:
19 (I) OWNS THE LARGE-CAPACITY MAGAZINE ON THE EFFECTIVE
20 DATE OF THIS SECTION; AND
21 (II) MAINTAINS CONTINUOUS POSSESSION OF THE LARGE-CAPACITY
22 MAGAZINE.
23 (b) IF A PERSON WHO IS ALLEGED TO HAVE VIOLATED SUBSECTION
24 (1) OF THIS SECTION ASSERTS THAT HE OR SHE IS PERMITTED TO LEGALLY
25 POSSESS A LARGE-CAPACITY MAGAZINE PURSUANT TO PARAGRAPH (a) OF
26 THIS SUBSECTION (2), THE PROSECUTION HAS THE BURDEN OF PROOF TO
27 REFUTE THE ASSERTION. “
What if they passed a law and everyone said GFY?
Oops, left off page 2 of the article.
- - - - - - - - - - - - - - -
Even Colorado Gov. John Hickenlooper remains vague on which gun-control measures he can support.
In a State of State state address last month, Hickenlooper focused his attention on strengthening mental health services and announced his support for universal background checks, but restricting some semi-automatic weapons was not part of his message.
Hickenlooper has been careful to wade into the debate slowly and involve gun-right heavyweights in the conversations. He met with National Rifle Association president David Keene Thursday.
“While we might not agree on a number of things, there will certainly be places we can find common ground,” Hickenlooper said in a statement after the meeting.
[PHOTOS: U.S. Senate Holds Gun Control Hearing]
Both sides are preparing for the fight by strengthening their lobbying forces in Colorado.
Mayors Against Illegal Guns, a group launched by New York City Mayor Michael Bloomberg, has set up shop in the state, hiring two new lobbyists to get their message out at Colorado’s state house. And gun industries are hiring lobbyists to protect themselves from restrictive gun bills that could hurt business.
In Colorado guns are not just for sport, they are for safety. Pro-gun groups worry new restrictions will hurt individuals abilities to protect themselves.
“Like many Western states, large numbers of people live long distances from law enforcement. Response times are longer. In some areas, 25 minutes would be a quick response time,” Brown says. “What would have stopped the Aurora theater shooting was a person with a gun and a concealed carry permit.”
Brown admits “this is shaping up to be a big battle,” but says that his Republican allies won’t flinch on guns.
Like in the U.S. House of Representatives, Colorado’s Republicans are more conservative then they were a decade ago and they are more ready to fight against new gun laws.
“The swing districts are represented by Democrats,” says Laura Chapin, a Democratic strategist who is working in the state to pass stronger gun laws. “What you have left are very hardcore conservatives from very conservative districts.
They are getting close to that.
The only folks I hear talking about protecting sport shooting and hunting are the gun banners. The rest of us understand what the 2nd amendment is all about.
They love to lie.
Hispanics are a strongly leftist voting block and one that is growing at an astounding pace. These are people that largely supported collectivist government in Mexico (returning the socialist PRI to power for 70+ years straight) and are simply voting the same way here.
There are just not enough white people moving to the GOP fast enough to offset the explosive growth of minority populations. We see the result in Colorado, and we will soon be locked out of Nevada, Virginia and even North Carolina because of this.
Let the games begin.
“The gun show loophole”, what a load.
That’s going to be my response.
From a nyt Feb 5th article - Gov. John W. Hickenlooper, a first-term Democrat, has advocated background checks on all gun sales. But he has not endorsed more contentious measures like limiting ammunition magazines or imposing strict liability standards on gun makers.
There are a few CO Dems who are balking at these ultra-liberal wing's gun grab bills.
To defeat these bills, we need 5 crossovers which is very doable, and 3 Dims in the state senate.
I’ve had some interesting conversations with LE types here lately. Every single one of them said they simply won’t enforce this shit.
When I was at the State Capital to voice support for arming teachers, the three librats (Ulibarri, Aguilar and Guzman) had their minds made up before they even entered the room.
Remember those names, FRiends.
Ulibarri, Aguilar and Guzman.
They want our kids defenseless.
Throw them all out ASAP!
Tom Mauser - - a gun-control activist
The irony.
You hit the nail on the head. Mexico is a corrupt, socialist country, and always has been. The illegals sneaking up here are overrunning the legal immigrants at an alarming pace. The illegals are here for one reason only: to loot, pillage, and plunder this country for all it’s worth, just like their democrat AND republican enablers. The next time you see a ford explorer full of mexican gangbangers, think about what I said.
Anywhere you have dem majorities, you have excessive gun control. NY just got a bunch more and CA is looking to out-do NY. As states turn blue, you can kiss your 2A rights goodbye. It’s just a fact of life. Get used to it.
One lady shooter suggested that this must be sexual in nature. Well, what she said was, “There is no end to these pricks.”
Can you imagine CO LE enforcing the CO mag ban.
Hmmmmm... you got that "high capacity" mag on July 2 so you're under arrest felon!
Citizen: No officer, I swear I bought it on June 30th so it's legal!
CO LE: I don't believe you so you're still under arrest.
The 2nd Amendment is not about hunting. It is about Presidents assassinating US citizens with zero due process.
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