close

Privacy guaranteed - Your email is not shared with anyone.

Colorado Passes anti-CCW bill

Discussion in 'Florida Glockers Club' started by g5reality, Mar 29, 2007.


  1. g5reality

    g5reality
    Expand Collapse

    Joined:
    Mar 22, 2007
    21
    0
    Location:
    Malibu
    Colorado Passes anti-CCW bill

    quote:
    --------------------------------------------------------------------------------
    House Democrats pass anti-gun bill to guv

    http://http://www.coloradosenatenew...nt/view/324/26/


    Quote:
    Wednesday, 28 March 2007

    House legislators approved a Senate Democrat measure today barring Colorado residents on using out-of-state concealed carry permits for their self-defense needs.

    The bill is now en route to Gov. Bill Ritter for consideration.
    Senate Bill 34, by freshman Sen. John Morse, D-Colorado Springs, and House Majority Leader Alice Madden, D-Boulder, restricts Colorado’s recognition of valid out-of-state concealed-carry firearms permits. It passed in the House by a mostly party-line vote of 36-29.

    Sen. Greg Brophy, R-Wray, expressed his displeasure of the bill’s outcome in the House.

    “The Legislature has taken its first shot at the Second Amendment,” said Brophy after learning of the House vote on the proposal. “I’m anxious to see if the governor will stand up for the Second Amendment or not.”

    During its Senate debate, SB 34 became an immediate, top-priority target of opposition from gun-rights groups led by the National Rifle Association.

    Critics of the bill point out there is no point in creating another bureaucratic hurdle to concealed-carry permit holders arriving in Colorado from other states because, like permit holders in Colorado, they are overwhelmingly law-abiding citizens.

    Democrat Senators Lois Tochtrop, of Thornton, and Bob Hagedorn, of Aurora, and Jim Isgar, of Hesperus, voted with a majority of GOP senators against SB 34 last month.

    “What concerned me was that out-of-state valid permit holders who come to Colorado are breaking the law (under the bill),” said Isgar.

    Republicans argued in the Senate that SB 34 should be re-written to expand current law so that Colorado would recognize every valid concealed-carry firearms permit issued to legal citizens of the United States.

    “This bill is an unnecessary restriction on concealed-carry permit holders,” Brophy said. “I’m disappointed that it’s moving on.”
    --------------------------------------------------------------------------------



    Please contact:
    Governor Bill Ritter
    136 State Capitol
    Denver, CO 80203-1792

    Phone
    (303) 866-2471

    Fax
    (303) 866-2003

    Governor.ritter@state.co.us

    http://www.colorado.gov/governor/contact.html

    Let him know how you feel and that you don't want him to sign this into law.
     

    Wanna kill these ads? We can help!
  2. Dandapani

    Dandapani
    Expand Collapse

    Joined:
    Mar 24, 2004
    8,213
    4
    Location:
    Gulf side Florida
    Why was this posted in the Florida Club?
     

  3. WGB

    WGB
    Expand Collapse

    Joined:
    Jan 29, 2006
    105
    0
    Location:
    midwest
    Because it effects Flordia CCW rights?
     
  4. Rusty Shackleford

    Rusty Shackleford
    Expand Collapse
    mmhmm

    Joined:
    Oct 2, 2003
    1,087
    0
    Location:
    Florida
    Really? Here's what I read:

    "House legislators approved a Senate Democrat measure today barring Colorado residents on using out-of-state concealed carry permits for their self-defense needs."

    A resident of Colorado can still use a Florida permit while visiting Florida and I've seen nothing to suggest that FL residents cannot use their CCW permits while visiting Colorado. A link to the story that isn't broken, or a link to the bill in question would be helpful.
     
  5. Gmountain

    Gmountain
    Expand Collapse

    Joined:
    May 8, 2004
    472
    0
    Location:
    Florida
    I agree. I see nothing affecting the rights of Floridians.
     
  6. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    I was under the impression that the bill was to require Colorado residents to have Colorado permits...something many, or maybe all?, other states require.

    The quoted article has a lot of typical confusing/misleading media language...
    I'm on a lousy dial-up right now and can't do a bunch of checking, but I think all those quotes are wrong.

    I don't want to condone any type of permitting for carrying firearms, but in the big picture I don't think this qualifies as "The Legislature has taken its first shot at the Second Amendment,”.

    I think 2A supporters could better spend their time in more important areas.
     
  7. Gmountain

    Gmountain
    Expand Collapse

    Joined:
    May 8, 2004
    472
    0
    Location:
    Florida
    So here is the text. It seems pretty innocuous to me. Lots of states do this, including Florida.




    CONCERNING 101 CLARIFICATION OF RESIDENCY STATUS FOR THE PURPOSE
    102 OF GRANTING RECIPROCITY TO CONCEALED WEAPONS PERMITS
    103 ISSUED BY STATES OTHER THAN COLORADO.
    Bill Summary
    (Note: This summary applies to this bill as introduced and does
    not necessarily reflect any amendments that may be subsequently
    adopted.)
    Clarifies that a person cannot use a permit to carry a concealed
    handgun that is issued by another state if the person does not reside in the
    issuing state.
    SENATE SPONSORSHIP
    Morse,
    HOUSE SPONSORSHIP
    Madden,
    -2- 034
    1 Be it enacted by the General Assembly of the State of Colorado:
    2 SECTION 1. 18-12-213, Colorado Revised Statutes, is amended
    3 to read:
    4 18-12-213. Reciprocity. (1) A permit to carry a concealed
    5 handgun or a concealed weapon that is issued to a person twenty-one
    6 years of age or older by a state that recognizes the validity of permits
    7 issued pursuant to this part 2 shall be valid in this state in all respects as
    8 a permit issued pursuant to this part 2 IF THE PERMIT IS ISSUED TO A
    9 PERSON WHO IS:
    10 (a) TWENTY-ONE YEARS OF AGE OR OLDER; AND
    11 (b) (I) A RESIDENT OF THE STATE THAT ISSUED THE PERMIT, AS
    12 DEMONSTRATED BY THE ADDRESS STATED ON A VALID PICTURE
    13 IDENTIFICATION THAT IS ISSUED BY THE STATE THAT ISSUED THE PERMIT
    14 AND IS CARRIED BY THE PERMIT HOLDER; OR
    15 (II) A RESIDENT OF COLORADO FOR NO MORE THAN NINETY DAYS,
    16 AS DETERMINED BY THE DATE OF ISSUANCE ON A VALID PICTURE
    17 IDENTIFICATION ISSUED BY COLORADO AND CARRIED BY THE PERMIT
    18 HOLDER.
    19 (2) FOR PURPOSES OF THIS SECTION, A "VALID PICTURE
    20 IDENTIFICATION" MEANS A DRIVER'S LICENSE OR A STATE IDENTIFICATION
    21 ISSUED IN LIEU OF A DRIVER'S LICENSE.
    22 SECTION 2. Safety clause. The general assembly hereby finds,
    23 determines, and declares that this act is necessary for the immediate
    24 preservation of the public peace, health, and safety.
     
  8. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    Thanks GMountain...
    It's not exactly what I recalled.

    Requiring the residents of a state to have that state's permit is one thing...not recognizing whatever permit is held by the resident of another state seems to me to be against the intent of reciprocity statutes.

    I'll check because I don't recall it, but you say Florida has this as well?
     
  9. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    I found this...

    790.015,(1)
    (b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.

    Does that disqualify non-resident permits?
    If so, of what use are non-resident permits?
     
  10. Gmountain

    Gmountain
    Expand Collapse

    Joined:
    May 8, 2004
    472
    0
    Location:
    Florida
    You have to read the whole statute.

    790.01 says:
    Carrying concealed weapons.--

    (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

    790.06 says:
    90.06 License to carry concealed weapon or firearm.--

    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.


    This is what you follow: If you have a Florida CCW (there is no distinction as to if you are a resident or not) then you have a valid Florida CCW and you can legally carry a concealed weapon or firearm in Florida. If you do not have a Florida CCW, then you must have a CCW from your state of residence.
     
  11. Gmountain

    Gmountain
    Expand Collapse

    Joined:
    May 8, 2004
    472
    0
    Location:
    Florida
    A state can pass any reciprocity statute it wants. The intent of the statute is determined by what it says.
     
  12. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    I should have quoted the entire section...
    That would seem to say the same thing as the Colorado bill...
    My point is this...
    Without checking to see what states actually grant non-resident permits, but just as an example, say an Ohio resident has a non-resident Texas permit.
    That permit would be invalid in Florida as well as Colorado.

    I have often in the past heard/read of people getting certain non-resident permits so they would be valid in a large number of states.
    So is that a complete waste of time or did I misunderstand their intent?

    And as to reciprocity itself, if Florida has reciprocity with Texas why would it refuse to recognize a non-resident permit issued by Texas?(again just an example)
    It just doesn't make sense except as something to illogically restrict carrying...a "because they could" amendment to the statute.

    Sorry...way too long-winded...
     
  13. Gmountain

    Gmountain
    Expand Collapse

    Joined:
    May 8, 2004
    472
    0
    Location:
    Florida
    Right.
    That depends on the state. You have to look at on a state by state basis. There has been a flurry of reciprocity and CCW shall issue states in the past few years, so it is probably not as important as it once was. Nevertheless, fo people from states like New Jersey, where it is impossible to get a CCW, a Fl CCW gives them some means of carrying in other states, and certainly in FL. You have to check the laws in each state though.
    Florida recognizes permits of the CITIZENS of other states, not the permit itself. The reciprocity is between the people of the states, not the piece of paper.
     
  14. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    OK...
    Thanks for the explanations.

    I disagree with that law, but at least I 'get it' now.
     
  15. Rusty Shackleford

    Rusty Shackleford
    Expand Collapse
    mmhmm

    Joined:
    Oct 2, 2003
    1,087
    0
    Location:
    Florida
    Florida certainly makes some money on non-resident permits, and I imagine that accepting non-resident permits from other states would cut into that as well..
     
  16. chad10mm

    chad10mm
    Expand Collapse
    Time to shoot

    Joined:
    Feb 2, 2005
    97
    0
    Location:
    FL
    That's probably true...we can't always ascribe evil anti-gun intentions to something that may be merely .gov piracy or extortion.
    :supergrin: