Gun rights-expansion bills defeated in Colorado House committee

Two Republican-led bills in the Colorado House that attempted to skirt enforcement of federal laws and expand firearm rights were defeated in committee on Monday.

“Across the country, sheriffs, prosecutors, and police chiefs have raised concerns that this type of legislation will make it harder for them to protect their communities,” Democratic Rep. Andrew Boesenecker of Fort Collins said in a statement.. “As a responsible gun owner, I know there’s more we can do to prevent gun violence, and House Democrats are committed to this goal. That’s why we took decisive action today.”

House Bill 23-1044 would have prohibited the enforcement of any federal law that might restrict gun access, including registrations, bans or taxes. The so-called Second Amendment Preservation Act is similar to one signed into law in Missouri in 2021 and one currently being considered by the Nebraska Legislature.

“The Second Amendment Preservation Act simply states that if the federal government passes a law infringing on the Second Amendment and the right of human dignity that gives all men the right to defend themselves, making it thereby a violation of the Colorado Constitution, that Colorado will not risk our personnel nor expend our resources to put in jeopardy the liberty of Colorado,” bill sponsor Republican Rep. Ken DeGraaf of Colorado Springs told the House Committee on State, Civic, Military and Veterans Affairs on Monday.

The bill died in committee on a 7-2 vote and was postponed indefinitely.

Proponents of the bill testified that legislators treat Second Amendment protections differently than other rights.

“You guys do not get to sit there and say that the Second Amendment gets to get curtailed and our rights get stomped out in the name of safety. Safety is something that is not easily achieved by anyone, let alone the government,” Kevin Lorusso, who represented Rocky Mountain Gun Owners, said.

RMGO has sued multiple Colorado local governments over their firearm restrictions.

Civil defense attorney Mark Harris testified that, if enacted, HB-1044 would invite frivolous lawsuits and potentially create a chilling effect on any gun safety laws at the state and local levels.

“This hodgepodge of legalese and constitutional buzzwords is nothing more than a power grab,” he said.

Opponents also argued that the bill could prevent law enforcement from cooperating with federal agencies to solve firearm-related crimes.

Democratic gun control bills expected

The committee also struck down a bill that would have created a “stand your ground” law in businesses, allowing people to use deadly force against an intruder in a business.

Research shows that these types of laws do not deter crime and are associated with an 8% increase in firearm homicides.

While presenting to the committee, bill sponsor Republican Rep. Ty Winter of Pueblo County urged lawmakers to consider rural Colorado, where law enforcement response times may be longer than in urban centers.

“I’m asking you to look from a rural perspective. Put yourself in the shoes of that business owner in Baca County, in Pueblo County … that would have to sit there chewing their fingernails for an hour waiting for the police because they’re afraid of what the court of public opinion would do if they tried to defend their business,” he said.

Dawn Fritz with the Colorado PTA, a child advocacy nonprofit, said she worried people would use the legislation to justify a “shoot first” mentality.

“Property crimes are not capital offenses. The result of sanctioning gun violence in defense of property would be the loss of life,” she said. “We do not need to embolden more people in Colorado to use deadly force.”

The bill was also postponed indefinitely.

These bills come as Democrats mull over their own potential firearm-related legislation, none of which has been introduced yet.

In their opening-day speeches, both Senate President Steve Fenberg of Boulder and House Speaker Julie McCluskie of Dillon spoke about expected legislation from Sen. Tom Sullivan of Aurora that would raise the minimum age to purchase certain guns. Drafted legislation from Boesenecker would ban assault weapon purchases, and RMGO has already circulated a petition in opposition to it before its introduction.

Democratic Gov. Jared Polis has also expressed a desire to see legislation that would strengthen the state’s extreme risk protection order law.

“There are some bills that are evidently further along the process of being ready to go and others that may take more conversation. It’s more likely that they will roll out in various stages,” Senate Majority Leader Dominick Moreno told reporters last week.