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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0801.01 Conrad Imel x2313 HOUSE BILL 26-1212
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE AUTHORITY TO CARRY A HANDGUN.101
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://leg.colorado.gov.)
The bill grants a person who is at least 18 years old and permitted
to possess a handgun pursuant to federal and state law the same authority
to carry a concealed handgun as a person who holds a permit to carry a
concealed handgun (permit). A person who carries a concealed handgun
without a permit has the same rights, limitations, and authority to carry as
a person who holds a permit.
A person may obtain a permit for the purpose of using the permit
to carry a concealed handgun in another state that recognizes a Colorado
HOUSE SPONSORSHIP
Flanell and Barron,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
permit. The bill makes 18 years old the minimum age to obtain a permit.
Under existing law, Colorado recognizes permits issued in other states
that meet certain criteria, including that the holder of the out-of-state
permit is at least 21 years old. The bill changes the minimum age for
recognition of an out-of-state permit to 18 years old.
Under existing law, a permit is valid for 5 years. The bill makes a
permit valid for the life of the permit holder. Existing permits, other than
temporary emergency permits, are converted to lifetime permits. Because
the bill makes permits valid for the life of the holder, the bill repeals
provisions relating to the renewal of permits. The bill repeals the
temporary emergency permit to carry a concealed handgun.
The bill repeals local government authority to regulate open or
concealed carry of a handgun, including repealing the authority of special
districts and the governing boards of institutions of higher education, as
applicable.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-12-105, amend2
(2)(c) and (2)(f); and add (2)(g) and (3) as follows:3
18-12-105. Unlawfully carrying a concealed weapon - unlawful4
possession of weapons - concealed carry of a handgun without a5
permit.6
(2) It is not an offense pursuant to this section if the defendant7
was:8
(c) A person who, at the time of carrying a concealed weapon,9
held a valid written permit to carry a concealed weapon issued pursuant10
to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon11
involved was a handgun, held a valid permit to carry a concealed handgun12
or a temporary emergency permit issued pursuant to part 2 of this article13
ARTICLE 12; except that it shall be IS an offense under PURSUANT TO this14
section if the person was carrying a concealed handgun in violation of the15
provisions of section 18-12-214; or16
(f) A United States probation officer or a United States pretrial17
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services officer while on duty and serving in the state of Colorado under1
the authority of rules and regulations promulgated by the judicial2
conference of the United States; OR3
(g) LAWFULLY CARRYING A CONCEALED HANDGUN PURSUANT TO4
THE AUTHORITY GRANTED IN SUBSECTION (3) OF THIS SECTION.5
(3) (a) A PERSON WHO IS AT LEAST EIGHTEEN YEARS OLD AND IS6
PERMITTED TO POSSESS A HANDGUN PURS UANT TO FEDERAL AND STATE7
LAW HAS THE SAME AUTHORITY TO CARRY A CONCEALED HANDGUN, AND8
IS SUBJECT TO THE SAME LIMITATIONS, AS A PERSON WHO HOLDS A PERMIT9
TO CARRY A CONCEALED HANDGUN, AS SET FORTH IN SECTION 18-12-214.10
(b) NOTHING IN THIS SUBSECTION (3) PROHIBITS A PERSON FROM11
APPLYING FOR AND OBTAINING A PERMIT TO CARRY A CONCEALED12
HANDGUN PURSUANT TO PART 2 OF THIS ARTICLE 12 FOR THE PURPOSE OF13
USING THE PERMIT TO CARRY A CONCEALED HANDGUN IN A STATE THAT14
RECOGNIZES THE VALIDITY OF A PERMIT ISSUED IN COLORADO.15
SECTION 2. In Colorado Revised Statutes, 18-12-105.3, amend16
(2)(e) and (4)(a) as follows:17
18-12-105.3. Unlawful carrying of a firearm in government18
buildings - penalty - definitions - repeal.19
(2) This section does not apply to:20
(e) A person who holds a valid permit to carry a concealed21
handgun or a temporary emergency permit issued pursuant to part 2 of22
this article 12 OR WHO IS LAWFULLY CARRYING A CONCEALED HANDGUN23
PURSUANT TO THE AUTHORITY GRANTED IN SECTION 18-12-105 (3), AND24
who is carrying a concealed handgun in the adjacent parking area of a25
location listed in subsection (1) of this section.26
(4) (a) This section does not prohibit a local government from27
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enacting an ordinance, regulation, or other law pursuant to section1
18-12-214 or 29-11.7-104 that prohibits a person from carrying a firearm2
OTHER THAN A HANDGUN in a specified place.3
SECTION 3. In Colorado Revised Statutes, 18-12-105.5, amend4
(3) introductory portion and (3)(d.5) introductory portion as follows:5
18-12-105.5. Unlawfully carrying a weapon - unlawful6
possession of weapons - school, college, or university grounds -7
definition.8
(3) It is not an offense under PURSUANT TO this section if:9
(d.5) The weapon involved was a handgun, the person held a valid10
permit to carry a concealed handgun or a temporary emergency permit11
issued pursuant to part 2 of this article 12 OR THE PERSON IS LAWFULLY12
CARRYING A CONCEALED HANDGUN PURS UANT TO THE AUTHORITY13
GRANTED IN SECTION 18-12-105 (3), and the person is carrying the14
concealed handgun:15
SECTION 4. In Colorado Revised Statutes, 18-12-106, amend16
(1)(d) as follows:17
18-12-106. Prohibited use of weapons - definitions.18
(1) A person commits a class 1 misdemeanor if:19
(d) The person has in his or her possession POSSESSES a firearm20
while the person is under the influence of intoxicating liquor or of a21
controlled substance, as defined in section 18-18-102 (5). Possession of22
a permit issued under PURSUANT TO section 18-12-105.1, as it existed23
prior to its repeal, or possession of a permit or a temporary emergency24
permit issued pursuant to part 2 of this article ARTICLE 12 is no NOT A25
defense to a violation of this subsection (1).26
SECTION 5. In Colorado Revised Statutes, 18-12-201, amend27
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(1)(c), (2)(a), and (2)(b); and repeal (1)(d) and (2)(c) as follows:1
18-12-201. Legislative declaration.2
(1) The general assembly finds that:3
(c) Inconsistency regarding issuance of permits results in the4
arbitrary and capricious denial of permits to carry concealed handguns5
based on the jurisdiction of residence rather than the qualifications for6
obtaining a permit; AND7
(d) Officials of local governments are uniquely equipped to make8
determinations as to where concealed handguns can be carried in their9
local jurisdictions; and10
(2) Based on the findings specified in subsection (1) of this11
section, the general assembly concludes that:12
(a) The criteria and procedures for issuing permits to carry13
concealed handguns is a matter of statewide concern; AND14
(b) It is necessary to provide statewide uniform standards for15
issuing permits to carry concealed handguns for self-defense. and16
(c) Whether concealed handguns can be carried in a specific area17
is a matter of state and local concern.18
SECTION 6. In Colorado Revised Statutes, 18-12-202, amend19
(6) as follows:20
18-12-202. Definitions - repeal.21
As used in this part 2, unless the context otherwise requires:22
(6) "Permit" means a permit to carry a concealed handgun issued23
pursuant to the provisions of this part 2. except that "permit" does not24
include a temporary emergency permit issued pursuant to section25
18-12-209.26
SECTION 7. In Colorado Revised Statutes, 18-12-202.5, amend27
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(4)(c) and (5) as follows:1
18-12-202.5. Concealed handgun training class - refresher2
class - rules.3
(4) (c) A training certificate issued for the completion of a4
refresher class is valid for renewal of a permit to carry a concealed5
handgun pursuant to section 18-12-211, but is not valid for an initial6
application for a permit to carry a concealed handgun pursuant to section7
18-12-203 (1)(h)(VI).8
(5) A verified instructor shall provide a training certificate that9
includes the printed name and original signature of the class instructor to10
any student who completes a concealed handgun training class or a11
refresher class so that the student may submit the certificate to a sheriff12
as part of an initial application for or an application for renewal of, a13
permit to carry a concealed handgun. The training certificate must clearly14
indicate whether THAT the student completed a concealed handgun15
training class or AND NOT a refresher class.16
SECTION 8. In Colorado Revised Statutes, 18-12-202.7, amend17
(2)(a) as follows:18
18-12-202.7. Concealed handgun training class - instructor19
verification.20
(2) To become a verified instructor, an applicant must:21
(a) Hold a valid permit to carry a concealed handgun issued22
pursuant this part 2; that is not a temporary emergency permit issued23
pursuant to section 18-12-209; and24
SECTION 9. In Colorado Revised Statutes, 18-12-203, amend25
(1) introductory portion, (1)(b), and (3)(a) as follows:26
18-12-203. Criteria for obtaining a permit.27
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(1) Beginning May 17, 2003, Except as set forth in this section,1
a sheriff shall issue a permit to carry a concealed handgun to an applicant2
who:3
(b) Is twenty-one EIGHTEEN years of age OLD or older;4
(3) (a) The sheriff shall deny OR revoke or refuse to renew a5
permit if an applicant or a permittee fails to meet one of the criteria listed6
in subsection (1) of this section and may deny OR revoke or refuse to7
renew a permit on the grounds specified in subsection (2) of this section.8
SECTION 10. In Colorado Revised Statutes, 18-12-204, amend9
(1)(b) and (3)(a) introductory portion; repeal (2)(b); and add (1)(c) as10
follows:11
18-12-204. Permit contents - validity - carrying requirements.12
(1) (b) A permit is valid for a period of five years after the date of13
issuance and may be renewed as provided in section 18-12-211 THE LIFE14
OF THE PERMIT HOLDER UNLESS SUSPENDED OR REVOKED. A permit issued15
pursuant to this part 2 including a temporary emergency permit issued16
pursuant to section 18-12-209, is effective in all areas of the state, except17
as otherwise provided in section 18-12-214.18
(c) A PERMIT, OTHER THAN A TEMPORARY EMERGENCY PERMIT ,19
ISSUED PURSUANT TO THIS PART 2 PRIOR TO THE EFFECTIVE DATE OF THIS20
SUBSECTION (1)(c) THAT IS VALID ON THE EFFECTIVE DATE OF THIS21
SUBSECTION (1)(c) DOES NOT EXPIRE AND IS VALID FOR THE LIFE OF THE22
PERMIT HOLDER UNLESS SUSPENDED OR REVOKED. THE ISSUING SHERIFF23
SHALL ISSUE A PERMITTEE A REPLACEMENT PERMIT WITHOUT AN24
EXPIRATION DATE UPON REQUEST OF THE PERMITTEE AND RECEIPT OF A25
FIFTEEN DOLLAR FEE.26
(2) (b) The provisions of paragraph (a) of this subsection (2) apply27
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to temporary emergency permits issued pursuant to section 18-12-209.1
(3) (a) A person who may lawfully possess a handgun may carry2
a handgun under the following circumstances without obtaining a permit3
and the handgun shall not be IS NOT considered concealed:4
SECTION 11. In Colorado Revised Statutes, 18-12-205, amend5
(5) as follows:6
18-12-205. Sheriff - application - procedure - background7
check.8
(5) The sheriff in each county or city and county in the state shall9
establish the amount of the new and renewal permit fees FEE within his10
or her THE SHERIFF'S jurisdiction. The amount of the new and renewal11
permit fees shall FEE MUST comply with the limits specified in paragraph12
(b) of subsection (2) SUBSECTION (2)(b) of this section and section13
18-12-211 (1), respectively. The fee amounts shall AND MUST reflect the14
actual direct and indirect costs to the sheriff of processing permit15
applications and renewal applications pursuant to this part 2.16
SECTION 12. In Colorado Revised Statutes, 18-12-207, amend17
(1) as follows:18
18-12-207. Judicial review - permit denial - permit suspension19
- permit revocation.20
(1) If a sheriff denies a permit application refuses to renew a21
permit, or suspends or revokes a permit, the applicant or permittee may22
seek judicial review of the sheriff's decision. The applicant or permittee23
may seek judicial review either in lieu of or subsequent to the sheriff's24
second review.25
SECTION 13. In Colorado Revised Statutes, 18-12-208, amend26
(1) and (2)(a) as follows:27
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18-12-208. Colorado bureau of investigation - duties.1
(1) Upon receipt of a permit applicant's fingerprints from a sheriff2
SUBMITTED pursuant to section 18-12-205 (4), or upon a sheriff's request3
pursuant to section 18-12-211 (1), the bureau shall process the full set of4
fingerprints to obtain any available state criminal justice information or5
federal information pursuant to section 16-21-103 (5) C.R.S., and shall6
report any information received to the sheriff. In addition, within ten days7
after receiving the fingerprints, the bureau shall forward one set of the8
fingerprints to the federal bureau of investigation for processing to obtain9
any available state criminal justice information or federal information.10
(2) The bureau shall use the fingerprints received pursuant to this11
part 2 solely for the purposes of:12
(a) Obtaining information for the issuance or renewal of permits;13
and14
SECTION 14. In Colorado Revised Statutes, repeal 18-12-20915
as follows:16
18-12-209. Issuance by sheriffs of temporary emergency17
permits.18
(1) Notwithstanding any provisions of this part 2 to the contrary,19
a sheriff, as provided in this section, may issue a temporary emergency20
permit to carry a concealed handgun to a person whom the sheriff has21
reason to believe may be in immediate danger.22
(2) (a) To receive a temporary emergency permit, a person shall23
submit to the sheriff of the county or city and county in which the person24
resides or in which the circumstances giving rise to the emergency exist25
the items specified in section 18-12-205; except that an applicant for a26
temporary emergency permit need not submit documentary evidence27
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demonstrating competence with a handgun as required under section1
18-12-205 (3)(a), and the applicant shall submit a temporary permit fee2
not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the3
documents and fee, the sheriff shall request that the bureau conduct a4
criminal history record check of the bureau files and a search of the5
national instant criminal background check system. The sheriff may issue6
a temporary emergency permit to the applicant if the sheriff determines7
the person may be in immediate danger and the criminal history record8
check shows that the applicant meets the criteria specified in section9
18-12-203; except that the applicant need not demonstrate competence10
with a handgun and the applicant may be eighteen years of age or older.11
(b) (I) A temporary emergency permit issued pursuant to this12
section is valid for a period of ninety days after the date of issuance. Prior13
to or within ten days after expiration of a temporary emergency permit,14
the permittee may apply to the sheriff of the county or city and county in15
which the person resides or in which the circumstances giving rise to the16
emergency exist for renewal of the permit. The sheriff may renew a17
temporary emergency permit once for an additional ninety-day period;18
except that, if the permittee is younger than twenty-one years of age, the19
sheriff may renew the temporary emergency permit for subsequent20
ninety-day periods until the permittee reaches twenty-one years of age.21
(II) If the sheriff is not the same sheriff who issued the temporary22
emergency permit to the permittee:23
(A) The permittee shall submit to the renewing sheriff, in addition24
to the materials described in section 18-12-205, a legible photocopy of the25
temporary emergency permit; and26
(B) The renewing sheriff shall contact the office of the sheriff27
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who issued the temporary emergency permit and confirm that the issuing1
sheriff has not revoked or suspended the temporary emergency permit.2
SECTION 15. In Colorado Revised Statutes, 18-12-210, repeal3
(3) as follows:4
18-12-210. Maintenance of permit - address change - invalidity5
of permit.6
(3) The provisions of this section apply to temporary emergency7
permits issued pursuant to section 18-12-209.8
SECTION 16. In Colorado Revised Statutes, repeal 18-12-2119
as follows:10
18-12-211. Renewal of permits.11
(1) (a) Within one hundred twenty days prior to expiration of a12
permit, the permittee may obtain a renewal form from the sheriff of the13
county or city and county in which the permittee resides or from the14
sheriff of the county or city and county in which the permittee maintains15
a secondary residence or owns or leases real property used by the16
permittee in a business and renew the permit by demonstrating17
competence with a handgun, as described in subsection (3) of this section,18
and submitting to the sheriff a completed renewal form; an affidavit19
stating that the permittee remains qualified pursuant to the criteria20
specified in section 18-12-203 (1)(a) to (1)(g); and the required renewal21
fee not to exceed fifty dollars, as set by the sheriff pursuant to section22
18-12-205 (5). The renewal form must meet the requirements specified23
in section 18-12-205 (1) for an application.24
(b) If the sheriff is not the same sheriff who issued the permit to25
the permittee:26
(I) The permittee shall submit to the renewing sheriff, in addition27
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to the materials described in paragraph (a) of this subsection (1), a legible1
photocopy of the permit; and2
(II) The renewing sheriff shall contact the office of the sheriff3
who issued the permit and confirm that the issuing sheriff has not revoked4
or suspended the permit.5
(c) The sheriff shall verify pursuant to section 18-12-205 (4) that6
the permittee meets the criteria specified in section 18-12-203 (1)(a) to7
(1)(g) and is not a danger as described in section 18-12-203 (2) and shall8
either renew or deny the renewal of the permit in accordance with the9
provisions of section 18-12-206 (1). If the sheriff denies renewal of a10
permit, the permittee may seek a second review of the renewal application11
by the sheriff and may submit additional information for the record. The12
permittee may also seek judicial review as provided in section 18-12-207.13
(2) A permittee who fails to file a renewal form on or before the14
permit expiration date may renew the permit by paying a late fee of15
fifteen dollars in addition to the renewal fee established pursuant to16
subsection (1) of this section. No permit shall be renewed six months or17
more after its expiration date, and the permit shall be deemed to have18
permanently expired. A person whose permit has permanently expired19
may reapply for a permit, but the person shall submit an application for20
a permit and the fee required pursuant to section 18-12-205. A person21
who knowingly and intentionally files false or misleading information or22
deliberately omits material information required under this section is23
subject to criminal prosecution for perjury under section 18-8-503.24
(3) A permittee seeking renewal pursuant to this section may25
demonstrate competence with a handgun by submitting:26
(a) Evidence of demonstrating competence with firearms through27
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participation in organized shooting competitions, current military service,1
or current certification as a peace officer pursuant to article 2.5 of title 16;2
(b) Evidence that, at the time the application is submitted, the3
applicant is a verified instructor;4
(c) Proof of honorable discharge from a branch of the United5
States armed forces that reflects pistol qualifications obtained within the6
ten years preceding submittal of the renewal form;7
(d) A certificate showing retirement from a Colorado law8
enforcement agency that reflects pistol qualifications obtained within the9
ten years preceding submittal of the renewal form; or10
(e) A training certificate that includes the original signature of the11
class instructor from a concealed handgun training class or a refresher12
class, described in section 18-12-202.5, obtained within six months prior13
to submitting a renewal form.14
SECTION 17. In Colorado Revised Statutes, 18-12-212, amend15
(2) as follows:16
18-12-212. Exemption.17
(2) Notwithstanding any provision of this part 2 to the contrary,18
a retired peace officer, level I or Ia, as defined in section 18-1-90119
(3)(l)(I) and (3)(l)(II), as said THE section existed prior to its repeal in20
2003, within the first five years after retirement may obtain a permit by21
submitting to the sheriff of the jurisdiction in which the retired peace22
officer resides a letter signed by the sheriff or chief of police of the23
jurisdiction by which the peace officer was employed immediately prior24
to retirement attesting that the retired officer meets the criteria specified25
in section 18-12-203 (1). A retired peace officer who submits a letter26
pursuant to this subsection (2) is not subject to the fingerprint or criminal27
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history check requirements specified in this part 2 and is not required to1
pay the permit application fee. Upon receipt of a letter submitted pursuant2
to this subsection (2), the sheriff shall issue the permit. A permit issued3
pursuant to this subsection (2) may not be renewed. Upon expiration of4
the permit, the permittee may apply for a new permit as provided in this5
part 2.6
SECTION 18. In Colorado Revised Statutes, 18-12-213, amend7
(1) introductory portion and (1)(a) as follows:8
18-12-213. Reciprocity.9
(1) A permit to carry a concealed handgun or a concealed weapon10
that is issued by a state that recognizes the validity of permits issued11
pursuant to this part 2 shall be IS valid in this state in all respects as a12
permit issued pursuant to this part 2 if the permit is issued to a person13
who is:14
(a) Twenty-one EIGHTEEN years of age OLD or older; and15
SECTION 19. In Colorado Revised Statutes, 18-12-214, amend16
(1)(a); and repeal (1)(c), (2.5), and (6) as follows:17
18-12-214. Authority granted by permit - carrying18
restrictions.19
(1) (a) A permit to carry a concealed handgun authorizes the20
permittee to carry a concealed handgun in all areas of the state, except as21
specifically limited in this section. A permit does not authorize the22
permittee to use a handgun in a manner that would violate a provision of23
state law. A LOCAL GOVERNMENT DOES NOT HAVE THE AUTHORITY TO24
ADOPT OR ENFORCE AN ORDINANCE OR RESOLUTION THAT CONFLICTS WITH25
ANY PROVISION OF THIS PART 2.26
(c) (I) A local government, including a special district, or the27
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governing board of an institution of higher education, including the board1
of directors of the Auraria higher education center, may enact an2
ordinance, resolution, rule, or other regulation that prohibits a permittee3
from carrying a concealed handgun in a building or specific area within4
the local government's or governing board's jurisdiction, or for a special5
district, in a building or specific area under the direct control or6
management of the district, including a building or facility managed7
pursuant to an agreement between the district and a contractor. An8
ordinance, resolution, or other regulation prohibiting a permittee from9
carrying a concealed handgun may only impose a civil penalty for a10
violation and require the person to leave the premises. For a first offense,11
the ordinance, resolution, or other regulation may not impose a fine that12
exceeds fifty dollars and may not impose a sentence of incarceration. A13
person who does not leave the premises when required may be subject to14
criminal penalties.15
(II) If a local government or governing board prohibits carrying16
a concealed handgun in a building or specific area, the local government17
or governing board shall post signs at the public entrances to the building18
or specific area informing persons that carrying a concealed handgun is19
prohibited in the building or specific area. The notice required by this20
section may be included on a sign describing open carry restrictions21
posted in accordance with section 29-11.7-104.22
(2.5) A permit issued pursuant to this part 2 does not authorize a23
person to carry a concealed handgun into a place where the carrying of24
concealed handguns is prohibited by a local ordinance, resolution, rule,25
or other regulation.26
(6) The provisions of this section apply to temporary emergency27
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permits issued pursuant to section 18-12-209.1
SECTION 20. In Colorado Revised Statutes, amend 29-11.7-1042
as follows:3
29-11.7-104. Regulation - carrying - posting.4
(1) A local government may enact an ordinance, regulation, or5
other law that prohibits the open carrying of a firearm, OTHER THAN A6
HANDGUN, in a building or specific area within the local government's7
jurisdiction. If a local government enacts an ordinance, regulation, or8
other law that prohibits the open carrying of a firearm, OTHER THAN A9
HANDGUN, in a building or specific area, the local government shall post10
signs at the public entrances to the building or specific area informing11
persons that the open carrying of firearms, OTHER THAN HANDGUNS , is12
prohibited in the building or specific area.13
(2) A LOCAL GOVERNMENT DOES NOT HAVE THE AUTHORITY TO14
ENACT AN ORDINANCE, REGULATION, OR OTHER LAW THAT PROHIBITS THE15
OPEN CARRYING OF A HANDGUN IN A BUILDING OR SPECIFIC AREA WITHIN16
THE LOCAL GOVERNMENT'S JURISDICTION.17
SECTION 21. In Colorado Revised Statutes, 25-20.5-1206,18
amend (3) as follows:19
25-20.5-1206. Rules - report.20
(3) On or before December 31, 2027, and on or before December21
31 every fifth year thereafter, the office shall issue a report to the general22
assembly summarizing gun violence prevention measures adopted by23
local jurisdictions pursuant to article 11.7 of title 29. or section24
18-12-214. The office shall make the report publicly available on its25
website or, if the office does not have a dedicated website, on a web page26
of the department's website. Notwithstanding section 24-1-136 (11)(a)(I),27
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the report required pursuant to this subsection (3) continues indefinitely.1
SECTION 22. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly (August4
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a5
referendum petition is filed pursuant to section 1 (3) of article V of the6
state constitution against this act or an item, section, or part of this act7
within such period, then the act, item, section, or part will not take effect8
unless approved by the people at the general election to be held in9
November 2026 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
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