Progressive Democrats attempt ‘assault weapons’ ban
Rumors of a bill banning so-called “assault weapons” have been circulating at the state Capitol (and outside of it) since before the 2023 session started. Up until a week ago, Democrats were downplaying the chances that the bill would be introduced.
All that flew out the window on March 3, when one of the House’s most progressive Democrats introduced House Bill 1230, although the bill’s expected sponsor has now dropped off the measure.
Its legislative declaration, which says why the bill is needed, says assault weapons and high-capacity magazines are “disproportionately used in public mass shootings,” with 76 percent used in mass shootings compared to 44 percent involving a handgun.
As a result, it states, assault weapons in civilian hands endanger Colorado’s streets, stores, churches, schools, movie theaters and communities. These weapons are “uniquely lethal due to tactical features” designed for the battlefield to kill or harm large numbers of people “quickly and efficiently,” making it the weapon of choice for mass shooters.
The bill defines an assault weapon as a .50 caliber rifle capable of firing a center-fire cartridge, such as a .50 Browning machine gun caliber. The definition also includes a “semiautomatic” firearm that uses a detachable magazine or modified to do so, or one with a pistol grip, detachable stock, flash suppressor, grenade launcher or a threaded barrel.
Exemptions in the bill include antique firearms, shoguns and muzzle-loaders that use black powder for hunting or historical re-enactment purposes.
Under the bill, which has been assigned to the House Judiciary Committee, it would be illegal for someone to manufacture, import, purchase, sell or transfer ownership of an assault weapon.
Violations of the law carry both a Class 2 misdemeanor charge and a civil fine. Providing an assault weapon to a juvenile would result in a Class 1 misdemeanor charge, which can result in a year in jail and a $1,000 fine.
Exemptions are limited to active-duty military; peace officers; sales to active-duty military; use by forensic laboratories; and federal, state or local historical societies, so long as the weapon is securely housed and unloaded. Firearms dealers with remaining inventory have until July 1 to sell that inventory; after July 1, they’re required to sell or transfer the weapons to an out-of-state buyer.
The bill does not contain any exemptions for wildlife management or other agricultural purposes, and applies statewide.
HB 1230 is sponsored by Rep. Elisabeth Epps, D-Denver, a first-term lawmaker whose legislation in 2023 also includes “safe” injection sites for drug users.
Unlikely to pass
However, the chances for HB 1230 receiving a warm reception from the governor are slim and none. While he sponsored a bill to ban assault weapons as a member of Congress in 2018, Polis has been less keen on the idea since becoming governor.
During his 2023 State of the State address, Polis called for lawmakers to send him bills on “ghost guns,” which are untraceable; strengthening the state’s extreme risk protection order (a measure that will be heard in a Senate committee on Wednesday, March 8), and deterring unlawful weapon possession by felons.
When asked about a possible ban after the speech, Polis responded that strengthening the red flag law would be a better way to address the issue.
It’s also unknown where the Speaker of the House, Rep. Julie McCluskie, D-Dillon, stands on the issue. She told a Denver TV station in January that she would take a position on the bill when it’s introduced, although she has not yet done so.
“At the end of the day, the legislation that’s introduced, the legislation that comes forward has to be about saving lives,” she said. “And that is where I believe all of our Democrats will be focused.”
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