Wednesday, March 20, 2013

The U.S. Nationwide Run on Guns Continues Unabated

One of the stories that lurks beyond the current firearm rights political crisis, a current event the mass media empire nearly systematically avoids, is the frantic, ongoing nationwide run on guns. The run on guns is an objective and quantifiable expression of America’s real sentiments about firearms. That sentiment is that law abiding U.S. citizens want their constitutional right to keep and bear arms, and they are making sure they’ll continue to have the ability to exercise it by working to stockpile firearms right now. The current unavailability of modern firearms of nearly any description, of standard capacity ammunition magazines, and of ammunition, tells an economic and political story the mass media doesn’t want to publish, even though a few have. 

Gun shoppers wait hours for NICS background checks
Americans are scrambling to stockpile everything firearm related, just in case the gun ban zealots manage to accomplish the unthinkable. In December 2012, the FBI processed a record 2,783,765 NICS gun purchase background checks, which was an increase of 39% from November 2012. That number implies that almost that many completed purchases occurred, since over 99% of such background checks yields a positive, proceed, response from the system.  In addition, ammunition of any and every sort, when it is available, is often being sold at prices as high as, and even greater than $2.00 per round in some places. That is out of control price gouging. Some people speculate that the federal government’s recent purchase of over 1.4 billion rounds of ammunition has also contributed to the retail market ammunition shortage as well. There are also retailers trying to charge $59.99 for $17.95 list price ammunition magazines. The cost of a stripped AR-15 lower receiver, the part that the ATF deems to legally be the “firearm” has tripled from less than $100.00 to $300.00, if one is lucky enough to find one. Before the gun frenzy began, complete lower receivers, ready to attach an upper an shoot were averaging $300.00. Over the course of the past few months, sometimes there have been hours long waiting lines at gun retailers as shoppers have lined up to purchase almost anything and everything they could find. People have been willing to purchase AR variant rifles of nearly any type, knowing they could customize them later, rather than risk not being able to purchase one later. 

Gun retail counters are crammed
Nearly every manufacturer of Armalite Rifle (AR) pattern modern sports rifles is reporting production backlogs of up to a year on their web sites. Some AR pattern firearm manufacturers are even refusing to take new orders because they can’t meet current demand, even as they try to ramp up to second and third manufacturing shifts at their production plants. Some machinists are operating the needed computer controlled metal fabricating equipment in shifts, working around the clock at some firearms manufacturing facilities, trying to supply the overwhelming demand for firearms that the current state and federal political threats to gun ownership have created. Mega Arms of Washington State, a manufacturer of AR variant rifle components including AR lower receivers, the component that is legally the firearm according to ATF rules, wrote on their web site that:

We are currently running 24/7 at our facility. Unfortunately we do not have any more floor space within the facility we occupy, so it’s not as easy as buying machines and “hitting go”. ... The machines we use range in cost from 400k-1million dollars, not including tooling, operators and training.

We have determined that due to the attitude of the current administration, it would not be fiscally responsible or in the best interests of our valued employees to take the risk of adding a new facility. We value our employees and do not want open a new facility, and hire a new crew to then turn around and lay them off if  (Feinstein's ban of all modern firearms) passed.

The firearms production backlog effects both first level firearms manufacturers, and their parts suppliers, all of whom surely could never have anticipated or prepared for what is likely the most contentious political battle of 2013, and possibly the most contentious political struggle over firearm rights in decades. Initially, the stock prices of shares in the firearms manufacturers that are publicly traded fell after Sandy Hook. Since then however, all relevant stock prices have rebounded. Publicly traded Smith & Wesson and Sturm, Ruger & Co., have both reported skyrocketing earnings. Quarterly earnings tripled at Smith & Wesson, and were huge at Ruger as well. 

Shelves displaying ammunition are nearly empty
Even in the best case scenarios, it will apparently be many months before the national firearms marketplace stabilizes, and firearm product prices begin to return to normal. However, that can only happen if the gun rights supporting members of the U.S. Congress are able to defeat gun ban zealots like Dianne Feinstein, Frank Lautenberg, and Chuck Schumer, during the upcoming Senate Floor debates, scheduled for the second week of April 2013. There is every reason to be optimistic though, because Senator Harry Reid has indicated he will work to block any gun rights infringing legislation, as has John Boehner, Speaker of the U.S. House of Representatives. If by May 2013 gun rights supporters have defeated all the legislation the gun ban zealot political faction proposes, only then does the firearms marketplace have any chance of settling back to normal. 

Despite the extreme urgency created by President Barack Obama when he announced a major gun rights infringement campaign, and when U.S. Senator Dianne Feinstein  introduced her draconian proposal to ban on nearly every modern firearm ever manufactured, there is every reason to believe now that more reasonable minds will succeed in protecting the ongoing constitutional right of individual American citizens to keep and bear arms. There is a long watchful vigil ahead, as some state legislatures, such as Colorado's and New York's, have enacted onerously unconstitutional bans, waiting for the results of the floor debates in the U.S. Congress where the fundamental constitutional rights of every American are at stack. 

Tuesday, March 19, 2013

Senate Bill S. 649 - Harry Reid's Gun Restriction Bill


113th CONGRESS
1st Session
S. 649
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.
IN THE SENATE OF THE UNITED STATES

March 21, 2013

Mr. REID introduced the following bill; which was read the first time

March 22, 2013

Read the second time and placed on the calendar

A BILL
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Safe Communities, Safe Schools Act of 2013'.
    (b) Table of Contents- The table of contents for this Act is as follows:
      Sec. 1. Short title; table of contents.

TITLE I--FIX GUN CHECKS ACT

      Sec. 101. Short title.

Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From Buying a Gun Are Listed in the National Instant Criminal Background Check System

      Sec. 111. Reauthorization of NICS Act Record Improvement Program grants.
      Sec. 112. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.
      Sec. 113. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System.

Subtitle B--Requiring a Background Check for Every Firearm Sale

      Sec. 121. Purpose.
      Sec. 122. Firearms transfers.
      Sec. 123. Lost and stolen reporting.
      Sec. 124. Effective date.

TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT

      Sec. 201. Short title.
      Sec. 202. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and firearms trafficking amendments.
      Sec. 203. Amendments to section 922(d).
      Sec. 204. Amendments to section 924(a).
      Sec. 205. Amendments to section 924(h).
      Sec. 206. Amendments to section 924(k).
      Sec. 207. Limitation on operations by the Department of Justice.

TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT

      Sec. 301. Short title.
      Sec. 302. Grant program for school security.
      Sec. 303. Applications.
      Sec. 304. Authorization of appropriations.
      Sec. 305. Accountability.
      Sec. 306. CAMPUS Safety Act of 2013.

TITLE I--FIX GUN CHECKS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the `Fix Gun Checks Act of 2013'.

Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From Buying a Gun Are Listed in the National Instant Criminal Background Check System

SEC. 111. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM GRANTS.

    (a) In General- Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
      (1) in paragraph (1)(C)--
      (A) by striking clauses (ii) and (iii); and
      (B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and
      (2) by striking paragraph (2) and inserting the following:
      `(2) SCOPE-
      `(A) IN GENERAL- The Attorney General, in determining the compliance of a State under this section or section 104 for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the time period established by the Attorney General under subparagraph (B), which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.
      `(B) REGULATIONS- Not later than 1 year after the date of enactment of the Fix Gun Checks Act of 2013, the Attorney General shall, through regulation, establish the time period described in subparagraph (A).'.
    (b) Implementation Assistance to States- Section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
      (1) by striking subsection (a)(1) and inserting the following:
      `(1) IN GENERAL- From amounts made available to carry out this section and subject to section 102(b)(1)(B), the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts to--
      `(A) establish and plan information and identification technologies for firearms eligibility determinations; and
      `(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.';
      (2) by striking subsections (b) and (c) and inserting the following:
    `(b) Use of Grant Amounts-
      `(1) IN GENERAL- Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--
      `(A) create electronic systems, which provide accurate and up-to-date information that is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as `NICS'), including court disposition and corrections records;
      `(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;
      `(C) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
      `(D) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18, United States Code, to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;
      `(E) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; and
      `(F) collect and analyze data needed to demonstrate levels of State compliance with this Act.
      `(2) ADDITIONAL USES-
      `(A) IN GENERAL- In addition to the uses described in paragraph (1)--
      `(i) a grant awarded under subsection (a)(1)(A) may be used to assist States in establishing or enhancing a relief from disabilities program in accordance with section 105; and
      `(ii) a grant awarded under subsection (a)(1)(B) may be used to maintain the relief from disabilities program in accordance with section 105.
      `(B) LIMITATION- Not less than 3 percent and not more than 10 percent of each grant awarded under subsection (a)(1)(B) shall be used for the purpose described in subparagraph (A)(i) of this paragraph.
    `(c) Eligibility- To be eligible for a grant under section 103(a)(1)(B), a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with section 105.'; and
      (3) by striking subsection (e) and inserting the following:
    `(e) Authorization of Appropriations-
      `(1) IN GENERAL- There are to be authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2018.
      `(2) LIMITATIONS-
      `(A) USE OF AMOUNTS AUTHORIZED- Of the amounts authorized to be appropriated for each fiscal year under paragraph (1), not more than 30 percent may be used to carry out subsection (a)(1)(B).
      `(B) ALLOCATIONS- A State may not be awarded more than 2 grants under subsection (a)(1)(B).'.

SEC. 112. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General- Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) and (2) and inserting the following:
      `(1) DISCRETIONARY REDUCTION-
      `(A) During the 2-year period beginning on the date on which the Attorney General publishes final rules required under section 102(b)(2)(B), the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.
      `(B) During the 3-year period after the expiration of the period described in subparagraph (A), the Attorney General may withhold 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.
      `(2) MANDATORY REDUCTION- After the expiration of the period referred to in paragraph (1)(B), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.'.
    (b) Reporting of State Compliance- Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.

SEC. 113. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the following:
      `(F) APPLICATION TO FEDERAL COURTS- In this paragraph--
      `(i) the terms `department or agency of the United States' and `Federal department or agency' include a Federal court; and
      `(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.'.

Subtitle B--Requiring a Background Check for Every Firearm Sale

SEC. 121. PURPOSE.

    The purpose of this subtitle is to extend the Brady Law background check procedures to all sales and transfers of firearms.

SEC. 122. FIREARMS TRANSFERS.

    (a) In General- Section 922 of title 18, United States Code, is amended--
      (1) by repealing subsection (s);
      (2) by redesignating subsection (t) as subsection (s);
      (3) in subsection (s), as redesignated--
      (A) in paragraph (3)(C)(ii), by striking `(as defined in subsection (s)(8))'; and
      (B) by adding at the end the following:
      `(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.'; and
      (4) by inserting after subsection (s), as redesignated, the following:
    `(t)(1) Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.
    `(2) Paragraph (1) shall not apply to--
      `(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
      `(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
      `(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if--
      `(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
      `(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
      `(iii) the transfer has a duration of less than 7 days; and
      `(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
      `(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;
      `(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or
      `(iii) while hunting or trapping, if--
      `(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
      `(II) the temporary transfer of possession occurs during the designated hunting season; and
      `(III) the unlicensed transferee holds any required license or permit.
    `(3) For purposes of this subsection, the term `transfer'--
      `(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
      `(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.
    `(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
    `(B) Regulations promulgated under this paragraph--
      `(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
      `(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).'.
    (b) Technical and Conforming Amendments-
      (1) SECTION 922- Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking `, (g)(5)(B), and (s)(3)(B)(v)(II)' and inserting `and (g)(5)(B)'.
      (2) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'.
      (3) NICS IMPROVEMENT AMENDMENTS ACT- Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking `section 922(t)' and inserting `section 922(s)'.
      (4) CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012- Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking `subsection 922(t)' and inserting `section 922(s)' each place it appears.

SEC. 123. LOST AND STOLEN REPORTING.

    (a) In General- Section 922 of title 18, United States Code, is amended by adding at the end--
    `(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.'.
    (b) Penalty- Section 924(a)(1) of title 18, United States Code, is amended by striking subparagraph (B) and inserting the following:
      `(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;'.

SEC. 124. EFFECTIVE DATE.

    The amendments made by this title shall take effect 180 days after the date of enactment of this Act.

TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the `Stop Illegal Trafficking in Firearms Act of 2013'.

SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.

    (a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 932. Straw purchasing of firearms

    `(a) For purposes of this section--
      `(1) the term `crime of violence' has the meaning given that term in section 924(c)(3);
      `(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and
      `(3) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm--
      `(A) by way of pledge or pawn as security for the payment or repayment of money; or
      `(B) on consignment.
    `(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce--
      `(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or
      `(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person--
      `(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
      `(B) is a fugitive from justice;
      `(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C.

Monday, March 18, 2013

An Indiana Sheriff Debunks Ammunition Magazine Bans and Modern Sports Rifle Bans

Gun ban zealot politicians in America, in state legislatures and in the U.S. Congress, are trying to enact bans on various types of modern firearms and bans on standard capacity magazines. While thousands of firearms rights activists are trying to persuade the gun ban zealots that their aspirations are misguided for a variety of reasons, they don’t seem to be paying attention. The gun ban zealots speciously argue that reducing magazine capacity would slow a deranged mass shooting massacre shooter. The gun ban zealot politicians also argue that the magazine changes required by smaller capacity magazines would provide bystanders an opportunity to tackle the shooting criminal during magazine switches. With those arguments in mind, the demonstrations in the videos below dispel such arguments as completely incorrect and unsupportable. 

A standard 30 round capacity AR-15 rifle magazine
Sometimes a demonstration can be more communicative than verbal debate. Consequently, Boone County, Indiana sheriff Ken Campbell has created a video demonstration that compares the speed at which various shooters can accurately shoot and change ammunition magazines, first with a Glock Pistol, then with a standard AR-15 variant rifle, and then with a traditional revolver. 

During the demonstration with the Glock pistol, two different shooters fired thirty (30) rounds at a three targets, first with two 15 round magazines, second with three 10 round magazines, and third with five 6 round magazines. The timings for each set of thirty (30) rounds ranged from about twenty (20) seconds to about thirty (30) seconds. For all practical purposes, that range of times was negligible and represent  meaningless differentials. 

An American AR-variant modern sports rifle
The demonstration videos provided below are well worth watching in their entirety, to see that they completely refute the arguments being made by gun ban zealot politicians who want to enact legislation that would deprive law abiding citizens access to the standard firearms technologies offered by most modern firearms, from AR variant rifles to Glock, Beretta, Springfield, Smith & Wesson,  H & K, Sig Sauer, Taurus, and other brands of modern design pistols. One can only wonder if the gun ban zealots might actually pay attention to clear, cogent, and convincing, evidence that their intention to ban modern firearms from law abiding U.S. civilian citizens is not only a misguided and unconstitutional endeavor, it isn’t even a technologically reasonable endeavor. 


Video Demonstration and Comparison of Various Ammunition Magazines Sizes




Video Comparison of Rifles Dianne Feinstein Wants Banned and those that she's Exempted

Colorado's Esteemed Magpul Industries Officially Announces its Exit from that State

Colorado's famous Magpul Industries, a firearm components and accessories manufacturer based in Boulder, has officially announced it is leaving the state. It seems likely that Colt Manufacturing of Hartford, Connecticut, one of the oldest firearm manufacturers in the U.S. at over 175 years old, will likely leave Connecticut as well if similar gun ban and gun restriction statutes are enacted there. Magpul Industries management wrote in their official statement that:

Colorado's likely future
We have said all along that based on the legal problems and uncertainties in the bill, as well as general principle, we will have no choice but to leave if the Governor signs this into law. We will start our transition out of the state almost immediately, and we will prioritize moving magazine manufacturing operations first. We expect the first PMAGs to be made outside CO within 30 days of the signing, with the rest to follow in phases. We will likely become a multi-state operation as a result of this move, and not all locations have been selected. We have made some initial contacts and evaluated a list of new potential locations for additional manufacturing and the new company headquarters, and we will begin talks with various state representatives in earnest if the Governor indeed signs this legislation. Although we are agile for a company of our size, it is still a significant footprint, and we will perform this move in a manner that is best for the company and our employees.

It is disappointing to us that money and a social agenda from outside the state have apparently penetrated the American West to control our legislature and Governor, but we feel confident that Colorado residents can still take the state back through recalls, ballot initiatives, and the 2014 election to undo these wrongs against responsible Citizens.

For weeks it has appeared inevitable that this day would arrive. Magpul Industries employees have been working tirelessly to ship as many PMAG brand standard capacity thirty (3) round AR-15 ammunition magazines to Colorado residents as possible, before the ban on them takes effect there.

(The Colorado Ammunition Magazine Ban Bill, as formatted for the Governor's Signature)
http://afirearmrightschronicle.blogspot.com/2013/03/colorado-ammunition-magazine-ban-statute.html

Colt Firearms Company Shutdown for State Capitol Protest Against Gun Ban/Restriction Statutes

On Thursday morning March 14, 2013, the President of Colt's Manufacturing Company, one of the oldest firearms manufacturers in the U.S., and a major supplier of AR-15 rifles to civilian Americans and M4 select-fire carbines to the U.S. military, shutdown his three shift 24/7 Connecticut factory, and bused all his day shift employees to the state capitol in a grassroots effort to oppose new gun ban laws there. According to Colt President Dennis Veilleux,  a  proposed ban on manufacturing of modern firearms in Connecticut would cause the loss of hundreds of jobs there.

Colt Manufacturing President, Dennis Veilleux
Colt President Veilleux rented ten buses and transported all of his day shift workers, and as many of his second and third shift workers as possible, to the Connecticut state capitol. Colt has been manufacturing firearms in Connecticut for about 175 years. Veillieux said, "These are the faces of the jobs at Colt. Each of theses people represents other people in the state. They represent the community, and in a lot of cases, they're the breadwinners of their families. ... more and more, manufacturing jobs are hard to come by." One Colt manufacturing engineer explained that machinists at Colt Manufacturing earn $25.00 to $30.00 per hour. 

Over 500 Colt employees occupied the Connecticut legislative office building, holding signs that read "Save Our Jobs", but the legislators were negotiating behind closed doors. It appears that legislators in Connecticut, like some in other states, have the misguided belief that depriving law abiding citizens of their constitutional right to keep and bear arms, might somehow prevent a future mass shooting massacre such as the one which occurred in Sandy Hook, Connecticut on December 14, 2012. However, people who haven't been emotionally blinded by such catastrophic, but rare and isolated incidents, admit that such statutory laws will not do anything to prevent such tragedies. In fact the worst school massacre in U.S. history, was committed with a bomb, not with a firearm. In nearly case, extreme mental disturbance appears to have been the root cause of such mass shooting massacres. However, there have been few if any proposals to make changes to such laws as involuntary psychiatric commitment statutes, so that such people might be institutionalized for treatment before they are able to plan and perpetrate terribly heinous  killings.

A few Connecticut legislators have expressed willingness to provide an exemption for commercial firearms manufacturers to produce firearms the legislators want to ban in the state, while at the same time prohibiting those manufacturers from selling the banned firearms within the state. Nearly every firearms manufacturer in the U.S. has threatened to move their companies and their manufacturing facilities out of states that enact such bans. Colt Present Veilleux stated that Colt has already begun a boycott of New York State because of similar gun ban and gun confiscation statutes, explaining that, "Our customers don't want to support the state of New York. So our customers aren't going to want to support the state of Connecticut," concluding that in his opinion  "... our association is so strong with the state of Connecticut, that it's inevitable that it's going to begin to erode."

Firearm Rights Activist Colion Noir's Latest Public Commentary

Attorney and firearm rights activist Colion Noir, has published a new video about gun violence in America. Colion Noir’s public presence as a firearm rights activist seem to defy the stereotypes many people in the U.S. have about who is standing up to defend firearm rights in America.

Noir’s latest video makes the points that the political powers that be are not addressing how to deal with the mentally deranged, primarily privileged young men, who commit mass shootings, while America has mostly ignored gun violence across the nation when it has been committed primarily by minority youth shooting each other to death daily on the inner city streets of America’s most populace metropolitan areas. The FBI’s own statistics demonstrate that U.S. cities with the most draconian gun ban and gun restriction statutes also have the highest rates of gun homicide, usually handgun homicide.



The Colorado Gun Purchase Universal Background Checks Statute

HOUSE BILL 13-1229

BY REPRESENTATIVE(S) Fields and McCann, Buckner, Court, Duran,
Exum, Fischer, Foote, Ginal, Hamner, Hullinghorst, Kagan, Labuda, Lee,
Levy, McLachlan, Melton, Mitsch Bush, Moreno, Pabon, Pettersen,
Rosenthal, Schafer, Williams, Young, Ferrandino, Salazar, Tyler;
also SENATOR(S) Carroll, Aguilar, Giron, Guzman, Heath, Hodge, Hudak,
Johnston, Jones, Kerr, Newell, Nicholson, Steadman, Todd, Ulibarri,
Morse.

CONCERNING CRIMINAL BACKGROUND CHECKS PERFORMED PURSUANT TO
THE TRANSFER OF A FIREARM, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add 18-12-112 as
follows:

18-12-112. Private firearms transfers - background check
required - penalty - definitions. (1) (a) ON AND AFTER JULY 1, 2013,
EXCEPT AS DESCRIBED IN SUBSECTION (6) OF THIS SECTION, BEFORE ANY
PERSON WHO IS NOT A LICENSED GUN DEALER, AS DEFINED IN SECTION
12-26.1-106(6), C.R.S., TRANSFERS OR ATTEMPTS TO TRANSFER POSSESSION
OF A FIREARM TO A TRANSFEREE, HE OR SHE SHALL:

(I) REQUIRE THAT A BACKGROUND CHECK, IN ACCORDANCE WITH
SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE PROSPECTIVE
TRANSFEREE; AND

(II) OBTAIN APPROVAL OF A TRANSFER FROM THE BUREAU AFTER A
BACKGROUND CHECK HAS BEEN REQUESTED BY A LICENSED GUN DEALER, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S.

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
NATURAL PERSON, THEN EACH NATURAL PERSON WHO IS AUTHORIZED BY
THE TRANSFEREE TO POSSESS THE FIREARM AFTER THE TRANSFER SHALL
UNDERGO A BACKGROUND CHECK, AS DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (1), BEFORE TAKING POSSESSION OF THE FIREARM.

(2) (a) A PROSPECTIVE FIREARM TRANSFEROR WHO IS NOT A
LICENSED GUN DEALER SHALL ARRANGE FOR A LICENSED GUN DEALER TO
OBTAIN THE BACKGROUND CHECK REQUIRED BY THIS SECTION.

(b) A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK
ON A PROSPECTIVE TRANSFEREE SHALL RECORD THE TRANSFER, AS PROVIDED
IN SECTION 12-26-102, C.R.S., AND RETAIN THE RECORDS, AS PROVIDED IN
SECTION 12-26-103, C.R.S., IN THE SAME MANNER AS WHEN CONDUCTING A
SALE, RENTAL, OR EXCHANGE AT RETAIL.THE LICENSED GUN DEALER SHALL
COMPLY WITH ALL STATE AND FEDERAL LAWS, INCLUDING 18 U.S.C. SEC.
922, AS IF HE OR SHE WERE TRANSFERRING THE FIREARM FROM HIS OR HER
INVENTORY TO THE PROSPECTIVE TRANSFEREE.

(c) A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK
FOR A PROSPECTIVE FIREARM TRANSFEROR PURSUANT TO THIS SECTION
SHALL PROVIDE THE FIREARM TRANSFEROR AND TRANSFEREE A COPY OF THE
RESULTS OF THE BACKGROUND CHECK, INCLUDING THE BUREAU'S APPROVAL
OR DISAPPROVAL OF THE TRANSFER.

(d) A LICENSED GUN DEALER MAY CHARGE A FEE FOR SERVICES
RENDERED PURSUANT TO THIS SECTION, WHICH FEE SHALL NOT EXCEED TEN
DOLLARS.

(3) (a) A PROSPECTIVE FIREARM TRANSFEREE UNDER THIS SECTION
SHALL NOT ACCEPT POSSESSION OF THE FIREARM UNLESS THE PROSPECTIVE
FIREARM TRANSFEROR HAS OBTAINED APPROVAL OF THE TRANSFER FROM
THE BUREAU AFTER A BACKGROUND CHECK HAS BEEN REQUESTED BY A
LICENSED GUN DEALER, AS DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1)
OF THIS SECTION.

(b) A PROSPECTIVE FIREARM TRANSFEREE SHALL NOT KNOWINGLY
PROVIDE FALSE INFORMATION TO A PROSPECTIVE FIREARM TRANSFEROR OR
TO A LICENSED GUN DEALER FOR THE PURPOSE OF ACQUIRING A FIREARM.

(4) IF THE BUREAU APPROVES A TRANSFER OF A FIREARM PURSUANT
TO THIS SECTION, THE APPROVAL SHALL BE VALID FOR THIRTY CALENDAR
DAYS, DURING WHICH TIME THE TRANSFEROR AND TRANSFEREE MAY
COMPLETE THE TRANSFER.

(5) A PERSON WHO TRANSFERS A FIREARM IN VIOLATION OF THE
PROVISIONS OF THIS SECTION MAY BE JOINTLY AND SEVERALLY LIABLE FOR
ANY CIVIL DAMAGES PROXIMATELY CAUSED BY THE TRANSFEREE'S
SUBSEQUENT USE OF THE FIREARM.

(6) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO:
(a) A TRANSFER OF AN ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C.
SEC. 921(a) (16), AS AMENDED, OR A CURIO OR RELIC, AS DEFINED IN 27CFR
478.11, AS AMENDED;

(b) A TRANSFER THAT IS A BONA FIDE GIFT OR LOAN BETWEEN
IMMEDIATE FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS,
CHILDREN, SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS,
FIRST COUSINS, AUNTS, AND UNCLES;

(c) A TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSE
OF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR IS AN
EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF A TRUST
CREATED IN A WILL;

(d) A TRANSFER THAT IS TEMPORARY AND OCCURS WHILE IN THE
HOME OF THE UNLICENSED TRANSFEREE IF:

(I) THE UNLICENSED TRANSFEREE IS NOT PROHIBITED FROM
POSSESSING FIREARMS; AND

(II) THE UNLICENSED TRANSFEREE REASONABLY BELIEVES THAT
POSSESSION OF THE FIREARM IS NECESSARY TO PREVENT IMMINENT DEATH
OR SERIOUS BODILY INJURY TO THE UNLICENSED TRANSFEREE;

(e) A TEMPORARY TRANSFER OF POSSESSION WITHOUT TRANSFER OF
OWNERSHIP OR A TITLE TO OWNERSHIP, WHICH TRANSFER TAKES PLACE:

(I) AT A SHOOTING RANGE LOCATED IN OR ON PREMISES OWNED OR
OCCUPIED BY A DULY INCORPORATED ORGANIZATION ORGANIZED FOR
CONSERVATION PURPOSES OR TO FOSTER PROFICIENCY IN FIREARMS;

(II) AT A TARGET FIREARM SHOOTING COMPETITION UNDER THE
AUSPICES OF, OR APPROVED BY, A STATE AGENCY OR A NONPROFIT
ORGANIZATION; OR

(III) WHILE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IF:

(A) THE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IS
LEGAL IN ALL PLACES WHERE THE UNLICENSED TRANSFEREE POSSESSES THE
FIREARM; AND

(B) THE UNLICENSED TRANSFEREE HOLDS ANY LICENSE OR PERMIT
THAT IS REQUIRED FOR SUCH HUNTING, FISHING, TARGET SHOOTING, OR
TRAPPING;

(f) A TRANSFER OF A FIREARM THAT IS MADE TO FACILITATE THE
REPAIR OR MAINTENANCE OF THE FIREARM; EXCEPT THAT THIS PARAGRAPH

(f) DOES NOT APPLY UNLESS ALL PARTIES WHO POSSESS THE FIREARM AS A
RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM;

(g) ANY TEMPORARY TRANSFER THAT OCCURS WHILE IN THE
CONTINUOUS PRESENCE OF THE OWNER OF THE FIREARM;

(h) A TEMPORARY TRANSFER FOR NOT MORE THAN SEVENTY-TWO
HOURS. A PERSON WHO TRANSFERS A FIREARM PURSUANT TO THIS
PARAGRAPH (h) MAY BE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES
PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT UNLAWFUL USE
OF THE FIREARM; OR

(i) A TRANSFER OF A FIREARM FROM A PERSON SERVING IN THE
ARMED FORCES OF THE UNITED STATES WHO WILL BE DEPLOYED OUTSIDE OF
THE UNITED STATES WITHIN THE NEXT THIRTY DAYS TO ANY IMMEDIATE
FAMILY MEMBER, WHICH IS LIMITED TO A SPOUSE, PARENT, CHILD, SIBLING,
GRANDPARENT, GRANDCHILD, NIECE, NEPHEW, FIRST COUSIN, AUNT, AND
UNCLE OF THE PERSON.

(7) FOR PURPOSES OF PARAGRAPH (f) OF SUBSECTION (6) OF THIS
SECTION:

(a) AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS MAY RELY UPON A TRANSFEROR'S
STATEMENT THAT HE OR SHE MAY LEGALLY POSSESS A FIREARM UNLESS THE
OWNER, MANAGER, OR EMPLOYEE HAS ACTUAL KNOWLEDGE TO THE
CONTRARY AND MAY RETURN POSSESSION OF THE FIREARM TO THE
TRANSFEROR UPON COMPLETION OF THE REPAIRS OR MAINTENANCE WITHOUT
A BACKGROUND CHECK;

(b) UNLESS A TRANSFEROR OF A FIREARM HAS ACTUAL KNOWLEDGE
TO THE CONTRARY, THE TRANSFEROR MAY RELY UPON THE STATEMENT OF
AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT REPAIRS OR
MAINTAINS FIREARMS THAT NO OWNER, MANAGER, OR EMPLOYEE OF THE
BUSINESS IS PROHIBITED FROM POSSESSING A FIREARM.

(8) NOTHING IN SUBSECTION (6) OF THIS SECTION SHALL BE
INTERPRETED TO LIMIT OR OTHERWISE ALTER THE APPLICABILITY OF SECTION
18-12-111 CONCERNING THE UNLAWFUL PURCHASE OR TRANSFER OF
FIREARMS.

(9) (a) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION
COMMITS A CLASS 1 MISDEMEANOR AND SHALL BE PUNISHED IN
ACCORDANCE WITH SECTION 18-1.3-501. THE PERSON SHALL ALSO BE
PROHIBITED FROM POSSESSING A FIREARM FOR TWO YEARS, BEGINNING ON
THE DATE OF HIS OR HER CONVICTION.

(b) WHEN A PERSON IS CONVICTED OF VIOLATING A PROVISION OF
THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL REPORT THE
CONVICTION TO THE BUREAU AND TO THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM CREATED BY THE FEDERAL "BRADY HANDGUN
VIOLENCE PREVENTION ACT" (PUB.L. 103-159), THE RELEVANT PORTION OF
WHICH IS CODIFIED AT 18 U.S.C. SEC. 922 (t). THE REPORT SHALL INCLUDE
INFORMATION INDICATING THAT THE PERSON IS PROHIBITED FROM
POSSESSING A FIREARM FOR TWO YEARS, BEGINNING ON THE DATE OF HIS OR
HER CONVICTION.

SECTION 2. In Colorado Revised Statutes, 13-5-142, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:

13-5-142. National instant criminal background check system -
reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE
OF THIS SECTION, the clerk of the court of every judicial district in the state
COURT ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the
following information to the national instant criminal background check
system created by the federal "Brady Handgun Violence Prevention Act"
(Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec.
922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO
SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS THE
"BUREAU":

(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH
(a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT
ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU.

(2) Any report made by the clerk of the court of every judicial
district in the state COURT ADMINISTRATOR pursuant to this section shall
describe the reason for the report and indicate that the report is made in
accordance with 18 U.S.C. sec. 922 (g) (4).

(3) The clerk of the court of every judicial district in the state COURT
ADMINISTRATOR shall take all necessary steps to cancel a record made by
that clerk THE STATE COURT ADMINISTRATOR in the national instant criminal
background check system if:

(a) The person to whom the record pertains makes a written request
to the clerk STATE COURT ADMINISTRATOR; and

(b) No less than three years before the date of the written request:

(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the A court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human services
that administers behavioral health programs and services, including those
related to mental health and substance abuse; except that the clerk STATE
COURT ADMINISTRATOR shall not cancel any record pertaining to a person
with respect to whom two recommitment orders have been entered under
section 27-81-112 (7) and (8), C.R.S., or who was discharged from
treatment under section 27-81-112 (11), C.R.S., on the grounds that further
treatment will not be likely to bring about significant improvement in the
person's condition; or

(4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS
IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT,
UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED
BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS
SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL:
(a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY
DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND
MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE
DATABASE; AND

(b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT
APPLY OR NO LONGER APPLIES.

SECTION 3. In Colorado Revised Statutes, add 13-5-142.5 as
follows:

13-5-142.5. National instant criminal background check system
- judicial process for awarding relief from federal prohibitions -
legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS
SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY
APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS
IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS
PERMITTED BY THE FEDERAL "NICS IMPROVEMENT AMENDMENTS ACT OF
2007" (PUB.L. 110-180, SEC. 105).

(2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO
THIS SECTION IF:

(a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER
OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15, C.R.S.;
(II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO
THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT
ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING
THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO
SECTION 27-81-112 OR 27-82-108, C.R.S.; OR
(III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S
INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED
CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION
27-65-108, C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-109, C.R.S.; AND

(b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A
FIREARM OR AMMUNITION IS PROHIBITED BY 18 U.S.C. SEC. 922 (d) (4), OR
WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR
RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC. 922 (g)
(4).

(3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS
SECTION:

(a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR
HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION;

(b) THE COURT SHALL REVIEW THE EVIDENCE; AND

(c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A
RECORD OF THE PROCEEDING.

(4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO
A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE
EVIDENCE CONCERNING, AND SHALL CONSIDER:

(a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS
IMPOSED BY 18 U.S.C. SEC. 922 (g) (4);

(b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A
MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL
HISTORY RECORDS; AND

(c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL
DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS,
TESTIMONY, OR OTHER CHARACTER EVIDENCE.

(5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER
PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT:

(I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS
DANGEROUS TO PUBLIC SAFETY; AND

(II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE
PUBLIC INTEREST.

(b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO
THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO
REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT.

(II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT
OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE
DECISION OF THE DENYING COURT.

(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.

SECTION 4. In Colorado Revised Statutes, 13-9-123, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:

13-9-123. National instant criminal background check system -
reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE
OF THIS SECTION, the clerk of the probate court STATE COURT
ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the
following information to the national instant criminal background check
system created by the federal "Brady Handgun Violence Prevention Act",
Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec.
922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO
SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS THE
"BUREAU":

(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH
(a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT
ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU.

(2) Any report made by the clerk of the probate court STATE COURT
ADMINISTRATOR pursuant to this section shall describe the reason for the
report and indicate that the report is made in accordance with 18 U.S.C. sec.
922 (g) (4).

(3) The clerk of the probate court STATE COURT ADMINISTRATOR
shall take all necessary steps to cancel a record made by that clerk THE
STATE COURT ADMINISTRATOR in the national instant criminal background
check system if:

(a) The person to whom the record pertains makes a written request
to the clerk STATE COURT ADMINISTRATOR; and

(b) No less than three years before the date of the written request:

(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human services
that administers behavioral health programs and services, including those
related to mental health and substance abuse; except that the clerk STATE
COURT ADMINISTRATOR shall not cancel any record pertaining to a person
with respect to whom two recommitment orders have been entered under
section 27-81-112 (7) and (8), C.R.S., or who was discharged from
treatment under section 27-81-112 (11), C.R.S., on the grounds that further
treatment will not be likely to bring about significant improvement in the
person's condition; or

(4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS
IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT,
UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED
BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS
SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL:

(a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY
DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND
MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE
DATABASE; AND

(b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT
APPLY OR NO LONGER APPLIES.

SECTION 5. In Colorado Revised Statutes, add 13-9-124 as
follows:

13-9-124. National instant criminal background check system -
judicial process for awarding relief from federal prohibitions -
legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS
SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY
APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS
IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS
PERMITTED BY THE FEDERAL "NICS IMPROVEMENT AMENDMENTS ACT OF
2007" (PUB.L. 110-180, SEC. 105).

(2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO
THIS SECTION IF:

(a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER
OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15, C.R.S.;

(II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO
THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT
ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING
THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO
SECTION 27-81-112 OR 27-82-108, C.R.S.; OR

(III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S
INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED
CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION
27-65-108, C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-109, C.R.S.; AND

(b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A
FIREARM OR AMMUNITION IS PROHIBITED BY 18 U.S.C. SEC. 922 (d) (4), OR
WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR
RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC. 922 (g)
(4).

(3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS
SECTION:

(a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR
HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION;

(b) THE COURT SHALL REVIEW THE EVIDENCE; AND

(c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A
RECORD OF THE PROCEEDING.

(4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO
A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE
EVIDENCE CONCERNING, AND SHALL CONSIDER:

(a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS
IMPOSED BY 18 U.S.C. SEC. 922 (g) (4);

(b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A
MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL
HISTORY RECORDS; AND

(c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL
DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS,
TESTIMONY, OR OTHER CHARACTER EVIDENCE.

(5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER
PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT:

(I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS
DANGEROUS TO PUBLIC SAFETY; AND

(II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE
PUBLIC INTEREST.

(b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO
THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO
REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT.

(II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT
OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE
DECISION OF THE DENYING COURT.

(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.

SECTION 6. In Colorado Revised Statutes, 18-12-101, add (1)
(b.5) as follows:

18-12-101. Definitions - peace officer affirmative defense. (1) As
used in this article, unless the context otherwise requires:

(b.5) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S.

SECTION 7. In Colorado Revised Statutes, 18-12-202, repeal (1)
as follows:

18-12-202. Definitions. As used in this part 2, unless the context
otherwise requires:

(1) "Bureau" means the Colorado bureau of investigation within the
department of public safety.

SECTION 8. In Colorado Revised Statutes, 18-12-103.5, amend
(2) as follows:

18-12-103.5. Defaced firearms - contraband - destruction.
(2) Defaced firearms which THAT are deemed to be contraband shall be
placed in the possession of the Colorado bureau of investigation or of a
local law enforcement agency designated by the Colorado bureau of
investigation and shall be destroyed or rendered permanently inoperable.