Colorado Senate Bill 13-197 Passes

Senate Bill 13-197 was approved in the Colorado Senate on March 8th, 2013:

A bill barring domestic abusers from having access to guns won initial approval in the Colorado Senate on Friday despite arguments the bill was unworkable and wouldn’t help victims.
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The Senate still must take a recorded vote on the bill, something expected to happen Monday. If it passes, the bill then heads to the House.

This is one of seven bills that are being discussed in Colorado this weekend:

Senate Bill 195:Bans online training for concealed handgun permits

Senate Bill 196:Assesses liability for assault-style weapons

Senate Bill 197:Restricts firearms for domestic violence offenders

House Bill 1224:Limits ammunition magazines to 15 rounds

House Bill 1226:Outlaws use of concealed-weapon permits on college campuses

House Bill 1228:Requires gun customers to pay the costs of their background checks

House Bill 1229:Requires universal background checks for gun sales and transfers

We need to understand that what is happening in Colorado will impact North Carolina and the rest of the nation. Colorado is the Obama front for national gun control legislation. For a government that is so concerned with eliminating firearms and ammunition through regulation and legislation, we must ask ourselves why the federal government is stockpiling ammunition and militarizing our police.

David DeGerolamo

A BILL FOR AN ACT
CONCERNING PREVENTING PERSONS WHO HAVE COMMITTED
DOMESTIC VIOLENCE FROM POSSESSING FIREARMS.

Bill Summary

When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a  misdemeanor or felony domestic violence offense, the court shall require the person to relinquish any firearm or ammunition in the person’s immediate possession or control or subject to the person’s immediate possession or control. In the case of a person who is served in court with a protection order to prevent domestic violence, and in the case of a person who is served with a mandatory protection order prohibiting the person from possessing or controlling firearms or other weapons, the person must relinquish any firearm or ammunition within 24 hours. In the case of a person who is served outside of the court with a protection order to prevent domestic violence, the person must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable.

To satisfy the requirement, the person may:

! Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer;

! Arrange for the storage of the firearm or ammunition by a law enforcement agency; or

! Sell or transfer the firearm or ammunition to a private party; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has
been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system.

If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court, as a condition of the person’s sentence, shall require the person to relinquish any firearm or ammunition in the person’s immediate possession or control or subject to the person’s immediate possession or control before the person may be released from such incarceration or custody.

If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:

! From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the person and the transferee; and

! From the licensed gun dealer who requests from the Colorado bureau of investigation a background check of the transferee, a written statement of the results of the background check.

If a local law enforcement agency elects to store firearms or ammunition for a person:

! The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; and

! The agency may establish policies for disposal of abandoned or stolen firearms or ammunition.

A federally licensed firearms dealer who takes possession of a firearm or ammunition, and a law enforcement agency that stores a firearm or ammunition, shall issue a receipt to the person who transfers possession of the firearm or ammunition. Not more than 3 calendar days after relinquishing the firearm or ammunition, the person shall file a copy of the receipt with the court as proof of the relinquishment. A person who fails to timely file a receipt commits a class 2 misdemeanor. A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order.

Link to the complete PDF