NRA wins first round of gun debate in Denver

Oatka

New member
http://www.denverpost.com/news/leg/leg0125a.htm

NRA wins first round of gun debate
By Mike Soraghan

Denver Post Capitol Bureau
Jan. 25 - Round one went to the National Rifle Association Monday in the Colorado Legislature's gun debate.

Republicans on the Senate Judiciary Committee defeated the two Democratic gun-control bills they considered. And three Democrats joined with a conservative Republican to weaken the state's criminal background check - another NRA win.

It was the first day in a week of marathon hearings that will give an early hint of what the Legislature is going to do on guns in the aftermath of the Columbine High School massacre in suburban Denver. Today, the committee is expected to look at gun-rights bills.

"So far, so good," said Bill Dietrick, legislative director for the Colorado State Shooting Association, the state chapter of the NRA.

But gun-control supporters and the administration of Gov. Bill Owens say the battle is far from over.
"This was just an opening round," said Tom Mauser, who started lobbying for gun control after his son was killed at Columbine.

"There's lots more to be done." Mauser said he thinks the Republicans who control the Legislature will not want to embarrass Owens, a fellow Republican. Owens has put forward a package of middle-of-the-road gun proposals aimed at keeping guns out of the hands of criminals and children.
Owens' point man on guns, his Department of Public Safety chief Ari Zavaras, said he's not yet worried.

"There's still a lot of bills to come," Zavaras said. "I think the majority of legislators will see that what the governor has proposed is sensible." Zavaras laid out to the committee Monday specifically what Owens wants, but did not endorse any bills.

He said Owens wants people who buy guns at gun shows to undergo criminal background checks. He wants to make it illegal for anyone under 21 to buy a handgun at a gun show. He wants local authorities, not just federal prosecutors, to be able to prosecute people who buy guns for criminals or children. He wants to include juvenile records in all criminal background checks.

And he wants to require parents to safely store guns in their homes, though he does not support anything that would tell them exactly how to do that.

For example, Zavaras said, "He does not support trigger locks." The two gun-control bills defeated Monday, SB 89 and SB 166, contained elements of what Owens wants, but went well beyond the governor's plan. A bill by Sen. Rob Hernandez, D-Denver, to raise the age for buying a handgun also would have required a background check on every gun sale or transfer in the state. Sen. Pat Pascoe's bill to require safe storage is similar to the one Owens co-sponsored with the Denver Democrat in 1992 when he was in the Legislature. But it also would ban the sale of assault weapons and large ammunition clips to minors.

The defeat came despite emotional testimony from survivors of gun violence. Erin Flynn, a sopho more at Columbine who said she lost two close friends in the massacre last April, fought back tears as she asked the lawmakers to take a stand against gun violence.

"On April 20, I heard a sound that no student should ever have to hear - gunshots in my school hallway," Flynn said between sniffles. "Columbine showed the effects of gun violence and the pain and the grief that is caused by it. This bill will help reduce gun violence and therefore reduce needless pain and suffering."

Four of the eight members of the committee have received a total of at least $2,200 in campaign contributions from the NRA since 1992. Zavaras also said Owens wants to reinstate the state's instant criminal background-check program, and he wants it kept the same as it is.

The issue is what the Colorado Bureau of Investigation does if it finds a potential gun buyer has an arrest record, but can't tell if he or she was convicted.

Currently, the CBI will block the sale until the person can prove he wasn't convicted, and that's how Owens and Zavaras want to keep it. The NRA says that's unfair, even unconstitutional.

Zavaras noted that during the four months last year when the state's program was shut down, the FBI background check approved 67 sales to people who weren't supposed to have guns. He noted that police officers have to go back and take them away - a dangerous assignment.

CBI officials say that if the NRA gets its way, the state check will be no different than the federal check.

Sen. Ken Arnold, a Republican from Westminster, proposed adding the "deny on arrest" provision to a bill reauthorizing the state's background check. He was supported by three other Republicans on the committee. But the three Democrats, along with Sen. John Andrews, R-Englewood, shot it down.

One Democrat said there was confusion about what Arnold was trying to do.
"There needs to be more leadership," said Sen. Dorothy Rupert, DBoulder. "I couldn't tell for sure what it did. I don't want to make it less than we had, and I think we did."

But Sen. Bill Thiebaut, D-Pueblo, said Arnold's proposal was unclear. "I'm not sure that the sponsors know what it does."
Copyright 1999-2000 The Denver Post. All rights reserved.



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Nevada alt C.A.N.
The New World Order has a Third Reich odor.
 
Tell the Gov that you want a shall issue
CCW law in exchange for the most harmless provision in the package, like trigger locks are sold (not mandated to be used) with new guns. Lots of new guns are coming that way anyway.
 
Initial reports from Day 2 - looks like the CO House Judiciary is blowing out the bad bills & bringing in the good. "Good" may be subjective as they can still be ammended to beat the band & tack on all kinds of nasty stuff.

All-in-all & so far CO guys & gals = GOOD JOB! We have had a HUGE & possitive impact thus far due to the 10Ks of letters & calls.

Keep it up. There's still the House State Affairs & those bills that have as yet escaped attention.
 
Oatka,

Thanks for the post & I only tacked onto here 'cause I'm waxed (barely skimmed your post) ... too much going on (although now I think I'll surf a bit & do some catching up in TFL) ...

I know that you're just posting an article (no personal flames to you & again, thanks) ... I seriously doubt that "NRA" had much to do with jack on these bills.

What DID the trick (so far) was several 1,000s regular folks getting on the horn, writing letters & dumping e-mail like a whirlwind. Big thrust on the "communications" to electeds was, "you wanna be here next go 'round, you vote this stuff down. = NO gun control this year. Period!"

I'm on evrybody's alert notices (fax, e-mail, etc.) & really haven't heard much of anything from the standard organizations (until after the fact = too late to matter)

It was pure & simple grass roots guys & gals digging for the information, keeping track of the events & actually doing something while the "guys up front" got their pix in the papers & "had a beer" afterwards & then a pat on the back for "all the effort." But, don't misconstrue. The "guys up front" are so busy that they haven't had time to reply to e-mails, post on sites - they're swamped & did a good job for what they do.
 
labgrade -- Hey, no problem. Sometimes I'll add a comment on my own, other times just post the article as an FYI and use whatever title the article uses.

In this case, The Denver comPost is out to paint the NRA as the ogre and wouldn't want to mention that the "common folk" are up in arms (so to speak).

Splendid news on your part -- I particularly like "you wanna be here next go 'round, you vote this stuff down. = NO gun control this year. Period!" -- keep those bozos sweating!

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The New World Order has a Third Reich odor.
 
labgrade (or anyone else in the know)-

Do we have a shall-issue bill this year? The only thing I saw was SB152, but that just seems like a bill to make uniform the procedures of those counties that choose to issue...a 'reform' of the may-issue system, it seems. Then again, I could've read it wrong...
 
Here's a summary of the bill we have:

"SB00-152 Concealed Handgun Permits [Tebedo, Dean]

This is NOT a SHALL ISSUE bill. Recognizes the need for statewide standards (uniform criteria) for the issuance of concealed handgun permits. Declares the issue of concealed handgun permits to be a matter of statewide concern. Requires police chiefs and sheriffs WHO CHOOSE to issue such permits to establish a concealed handgun permit program within their jurisdictions including background (NICS) and fingerprint checks. Also requires them to maintain a list of permitees which shall be available to law enforcement agencies but not the public"

Concerning the status of this bill, this came over the Colorado State Shooting Association email list this morning:

"Senator Tebedo has asked that we all please stop calling her demanding that she turn her conceal-carry bill into a must-issue bill. She will never get a must-issue past judiciary committee (Dottie Wham) this year, so it's pointless to try. This bill, however, is still important, as it would cut
away the shield of those few sheriffs who really don't want to issue, but say they will, then put so many onerous restrictions on it that no one will apply. This will make them put up or shut up. If you're going to call Senator Tebedo, please be supportive of this bill. It is tabled, for the moment, on a 4-4 vote, but may come back up. Thanks."

So, it looks like we won't have a shall-issue bill this year thanks to Columbine.

[This message has been edited by pbash (edited January 26, 2000).]
 
pbash,

That's the problem. They bkeep sending the gun bills to Wham's (whahm) committee, also known as the committee of death for any pro-gun bill.

The leadership has been asked on numerous occasions to send the bills to the proper committee, health and safety, but they always refuse and send it to the judiciary committee.

You guys need to get bvrid of the leadership and get these bills properly directed. I won't be moving back to CO for another three years so I hope you guys can have the mess cleaned up before then but, if not, you will have another soldier in the fight when I get there.

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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
Jim, SB00-152 was introduced in the Senate which is less pro-gun than the house. I think its possible that we may still see a bill come up from the House sponsored by Dean who is very pro-RKBA.

I watched Dean (House Republican Majority leader) and David Kopel debate gun control with Ken Gordon (House Democratic Minority leader) and Mauser (father of a Columbine victim and lobbyist for S.A.F.E.) on Channel 12 last week and I was very impressed with Dean. Talk about a mismatch. There was literally no contest. Dean is a man to watch for Governor in a few years. His take in the "debate" was that most of the onerous gun control bills in this session will not make it to the governor's desk. We may not see the pro-RKBA bills we'd like but its unlikely we'll see any bad anti-RKBA bills. Here's hoping not anyway.

The biggest problem we have is with Dottie Wham, a republican who acts like a democrat. I'd swear she was a republican just so she could sabotage the pro-RKBA agenda.

And then there's Columbine. There's just too much raw emotion out there still for it to be ignored. The media won't let anyone forget it.

Oh, and when you come back, could you bring a couple of more lanes of Interstate with you? We're running out here :)
 
I think pbash is correct in his analysis on SB152.

Oops! Before I get started here, I screwed up. In my post above re HSA committee meeting 1/27, I was wrong. It's the House Judiciary that's meeting 1/26 & they are a bit less good for us. Bang the gong!

HB154/Tedbedo addresses 18-12-105 (our CCW law). Has specific language that IT SHALL NOT BE AN OFFENSE which is great re the current "affirmative defense" clause regarding "travelling." Has some odd (to me) language about travelling "from a place of origin to a destination .... ," etc. Seems to be harmless BUT my main concern is that ANY addressing of 18-12-105 opens it up for debate/ammendments. In our current political climate, I'd just as soon they leave it alone entirely.

Local rag RMN has a pretty good write-up 1/25 & 1/26 on what happened.

oatka, thanks for posting the stuff you do. Other than what I'm deep into, you are my main news source. Thanks.

Do the http://www.leg/state/co/us.pubhome/nsf
for exact text of bills. Search for "firearms," "concealed," "18-12-105," "handgun," etc. to catch 'em all (mostly). & as documented "subject to change," and all other disclaimers. Best place I know to get the scoop other than watching 'em write the damned things.

BTW, HB1289/local ordinances nullified by statewide rule PASSED committe. Probably the best bill through the Leg this year. Would do away with Denver's gun/car confiscation law. It's sure to get a bunch of heat and maybe get some tack-ons like "no schools," "no parks," ... you get the drift.
(BTW, if passed, this will kill Boulder City Council from attempting their BS)

Too, HB1245/no guns in schools was killed (yippee!) Was called the "teachers' disarmament bill" ;) & would've banned even hunting on school board land which is currently leased to state for use as semi-state wildlife areas. Cheeky baastads.

For those of you outside the loop/state, many of those (it's patchwork in CO) w/CCW can carry in all schools - very few places one can't carry. We do have a pretty good CCW law except for the "shall issue," & "affirmative defense." I'm missing something here ... I dunno ....
 
I caught the debate on channel 12, too. Dean is great, and Kopel is amazing. Interestingly, Kopel used to be pro-gun control. The more he learned, the more he came around, and now he's one of the best assets we have (and a prolific writer).

Dean for Gov... Let it be so!
 
Here's an update (notice how they always keep dragging in Columbine):
http://www.denverpost.com/news/leg/leg0126a.htmSenate panel sees, kills 4 gun bills

By Mike Soraghan
Denver Post Capitol Bureau

Jan. 26 - The Senate Judiciary Committee has turned into the roach motel for gun legislation: Bills check in, but they don't check out. That could leave the Legislature in a stalemate as the nation watches to see what Colorado will do about guns in the aftermath of the Columbine High School massacre.

The committee is a funnel through which every gun-control bill must pass before it can be approved by the full Legislature and sent to Gov. Bill Owens. If Owens' own package of middleof-the-road gun restrictions can't make it through the committee, it can't pass.

Senate Judiciary is one of the least conservative panels in the Republican-dominated Legislature, and during the past two days, it has defeated two gun-control measures and two gun-rights measures.

"Isn't that what they said - that we'd stop them all?" chuckled committee Chairwoman Dottie Wham, R-Denver. It is Wham's Republican swing vote, usually against gun-rights bills, that deadlocks the committee on gun votes, killing the bills.

The deadlock hasn't stopped the House's most conservative committee, State Affairs, from moving along gun-rights bills backed by the National Rifle Association. On Tuesday, the House panel advanced a bill blocking lawsuits against gun manufacturers and another bill, called a pre-emption bill, that would prevent cities from regulating where people may carry a gun more strictly than the state.

At the same time, Wham's committee defeated the lawsuits bill. And Wham, with her swing vote, does not like pre-emption bills that restrict cities' authority to keep guns out of schools and courthouses.

The reason for this is Senate President Ray Powers, R-Colorado Springs, who has said that each of this year's many gun bills must check into Wham's committee.

"I'm looking at Judiciary as the committee for the gun bills," Powers said this week.
The House State Affairs Committee also stopped a gun-control bill, HB 1220, that tracked closely with one of Owens' proposals. The bill by Rep. Paul Zimmerman, DThornton, would have raised the age for buying a handgun at a gun show from 18 to 21.

No other bill remains in the Legislature that would fit that part of Owens' package, though not all bills have been introduced.
Owens was unperturbed Tuesday about the prospects of his gun plan.

"On these gun bills, the headlines may indicate the debate is over," he told Senate Republicans over pasta at a caucus lunch. Not to fear, he said, for there are "a lot more bills coming up."

He noted that some of the gun bills already sacked in committee went far afield of his plan. So their defeat does not signal its defeat.

Owens' gun package was part of his response to the Columbine shootings. He wants to require safe storage of firearms in the home, include juvenile records in criminal background checks, allow local prosecution of people who buy guns for criminals and children, raise the age for handgun purchases at gun shows and require criminal background checks at gun shows.

Debate on nearly all the bills was fierce Tuesday, even if the votes at times seemed like a foregone conclusion.

Supporters of the lawsuit ban noted that cities all over the country have been suing gunmakers and that the companies could be sued out of existence.

"Gun manufacturers are no more responsible for murders than General Motors is responsible for drunk drivers," said Aimee Rathburn, executive director of the Colorado State Shooting Association, the local chapter of the NRA.

But opponents argued that some gunmakers must be held accountable when they're irresponsible.

Tom Mauser, who started lobbying for the gun-control group SAFE Colorado after his son, Daniel, was killed at Columbine last April, noted that the maker of the TEC-9 handgun once advertised a gun as "fingerprint-proof."

"Who were they appealing to?" Mauser asked. "It is inappropriate to grant such liability protection to any one industry."

The committee hearings reignited some of the gun issues that dominated the Capitol last year even before the Columbine shootings - concealed handguns and local pre-emption.

Sen. MaryAnne Tebedo's concealed-handgun bill would not have gone as far as last year's version because it would not have required police and sheriff's departments to issue concealed-carry permits. It would have set statewide standards for those who do issue them, such as barring felons or anyone under 21 from getting a permit. The Colorado Springs Republican's bill died on a tie vote in Senate Judiciary.

The local pre-emption bill by Rep. Lynn Hefley, R-Colorado Springs, was another hard-fought bill last year. It would undermine a number of Denver laws, including one that allows police to confiscate the people's automobiles when they find them driving with a gun in the car. The bill sailed through House State Affairs, 11-2.

The concealed-weapons bill, the local pre-emption bill and the bill blocking lawsuits all were scuttled after Columbine.
One more big hearing on guns is coming Thursday, when House Judiciary looks at eight gun bills.

Denver Post staff writer Julia C. Martinez contributed to this report.

Copyright 1999-2000 The Denver Post. All rights reserved.

GUN-BILL VOTES
The following are key votes taken on gun bills Tuesday:
SB10
SB 10, blocking lawsuits against gun manufacturers. The bill died on a 4-4 tie in Senate Judiciary.
Voting for, Sens. John Andrews, R-Englewood; Ken Arnold, R-Westminster; John Evans, R-Parker; Mary Ellen Epps, R-Colorado Springs.
Voting against, Sens. Ed Perlmutter, D-Golden; Dorothy Rupert, D-Boulder; Bill Thiebaut, D-Pueblo; Dottie Wham, R-Denver.
SB 152
SB 152, setting statewide criteria for concealed-handgun permits. The bill died on a 4-4 tie.
Voting for, Andrews, Arnold, Epps, Evans.
Voting against, Perlmutter, Rupert, Thiebaut, Wham.
HB 1208
HB 1208, Block lawsuits against gun manufacturers. The bill passed 11-2 in House State Affairs.
Voting for, Reps. Lauri Clapp, REnglewood; Bob Hagedorn, D-Aurora; Al Gagliardi, D-Alamosa; Don Lee, R-Littleton; Andy McElhany, RColorado Springs; Joe Nunez, R-Littleton; Mark Paschall, R-Arvada; Penn Pfiffner, R-Lakewood; Bill Sinclair, R-Colorado Springs; Joe Stengel, R-Littleton; Lois Tochtrop, D0Westminster
Voting against, Reps. Ron Tupa, D-Boulder; Sue Windels, D-Arvada
HB 1245
HB 1245, prohibiting deadly weapons on schools grounds, including concealed weapons. The bill was approved 8-5.
Voting for, Clapp, Lee, Nunez, Paschall, Pfiffner, Sinclair, Stengel, McElhany. Voting against, Gagliardi, Hagedorn, Tochtrop, Tupa and Windels.
HB 1289
HB 1289, blocking cities and counties from passing more-restrictive gun laws than the state. The bill was approved 10-3.
Voting Yes: Clapp, Gagliardi, Lee, McElhany, Nunez, Paschall, Pfiffner, Tochtrop, Sinclair, Stengel.
Voting No: Hagedorn, Tupa, Windels.

HB 1220
HB 1220, raising the age for buying a handgun at a gun show from 18 to 21. The bill was defeated 11-2.
Voting for, Hagedorn, Windels.
Voting against, Clapp, Gagliardi, Lee, McElhany, Nunez, Pfiffner, Sinclair, Stengel, Tochtrop, Tupa, Paschall


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The New World Order has a Third Reich odor.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>HB 1245, prohibiting deadly weapons on schools grounds, including concealed weapons. The bill was approved 8-5.
[/quote]

Um, this can't be right, looking at who voted for what. Was this a vote to table the bill, effectively killing it for now?

BTW, since I brought it up, can a tabled bill be resurrected at a later time?
 
Yes, bills that are "tabled" (i.e. a tie vote) are subject to resurection based on a committee vote. Bills that are "postponed indefinitely" (i.e. failed with a simple majority) are dead and cannot be resurected.
 
We really need uniformity in issuing CCWs in CO. I was involved in several emails and a phone call with a leuitenant in the Jeffco's Sheriff's Department today. The VERY PC Lt. informed me that the Sheriff does in fact grant CCWs, but that a need must be shown. It took some time to pin him down, but when I did finally corner him he told me that it would be very unlikely that I would be issued a CCW, but that he was not trying to discourage me in any way. I pointed out that a portion of the fee is non- refundable and he agreed... I asked him how many people out of a hundred who applied actually received a CCW- he declined to answer, stating that such records are not available to the general public.

Erik
 
Erik,

I agree we need uniformity. CO's CCW law (18-12-105) is applied patch-work across the state. Take El Paso & Larimer counties. Both issue quite freely but the differences between what the sheriff allows is pretty huge in preactice. EP can't carry in schools & don't have to tell LEO that they're carrying. Larimer has to tell & can carry in schools. Others, but you get the drift.

This is starting to go off-topic ...

BTW, stand by for breaking news on a CO TFL get together ... well, sorta ;)
 
Any news of what happened in today's round of hearings in the House Judiciary Comm.? I've looked around briefly here and there, but I haven't seen much.
 
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