A new Colorado law requiring people who purchase firearms to undergo a state-approved firearms safety course is going into effect August 1, with new restrictions supporters say are designed to prevent mass shootings. Gun advocates say it will prevent law-abiding residents from getting weapons to protect themselves.

Senate Bill 25-003, titled “Semiautomatic Firearms & Rapid-Fire Devices,” sponsored by state Senator Tom Sullivan, D-Centennial, was signed into law by Governor Jared Polis in April of last year.

Image

Sullivan was inspired to draft this bill following the murder of his son Alex during the Aurora theater mass shooting in 2012. His son was at the movie to celebrate his 27th birthday.

The law applies to semiautomatic rifles, semiautomatic shotguns with a detachable magazine, and gas-operated semiautomatic handguns with a detachable magazine.

As compared to a fully automatic weapon, semiautomatic weapons only fire one bullet per each pull of the trigger. Fully automatic weapons fire bullets for as long as the trigger is held down. Fully automatic weapons are federally restricted under the National Firearms Act, which was signed into law in 1934.

The bill does not outright ban semiautomatic weapons but creates a conditional prohibition. This means that the statute says certain firearms are unlawful to manufacture, distribute, transfer, sell or purchase unless a statutory exception is present.

About SB 25-003

In the context of the bill, if a semiautomatic firearm falls within the category of "specified semiautomatic firearms," then the law would generally prohibit its manufacture, distribution, transfer, sale and purchase. However, many of those transactions are exempt from the prohibition, including a sale or transfer to – and a purchase by – a person who has completed the required firearms safety training.

Section 7.24-35-122 of the bill further gives the Colorado Department of Revenue firearms dealer division the complete authority to add guns they think fit the description of the conditional prohibition.

Image

There are two firearms safety training courses created under the new law. The first one – the Basic Firearms Safety Course – is four hours long, and is for individuals who have already completed the Colorado Parks and Wildlife (CPW)-certified Hunter Education Course.

The second one is more intensive, and must be taken over the course of two days since it’s 12 hours. This is called the Extended Firearms Safety Course and it is for individuals who have not previously taken the CPW-certified Hunter Education Course.

Before taking the course, a purchaser must apply for a Firearms Safety Course Eligibility Card through their local county sheriff’s office. They then must successfully complete the course, pass the final exam and wait for their completion requirements to be entered in the CPW Firearms Safety database.

Gun advocates

Kostas Moros, the director of Legal Research and Education at the Second Amendment Foundation, said he is concerned about delays to issue carry permits now that safety courses are required and as well as the costs associated with the permits.

“I think the point of a law is to try and dissuade people from exercising this right,” Moros said. “This is some sort of Jim-Crow inspired tactic. These are the kind of restrictions they put in front of [voters] to try and discourage people from voting.”

He claimed that people should be able to take the two-day Extended Firearms Safety course in one day if they wanted, since it is only 12 hours of instruction.

The cost for the 12-hour course in Colorado runs about $250 according to the U.S. Firearms Training Academy site. An additional $152 is required for the actual permit, not subject to local and state fees. The Second Amendment Foundation is currently engaged in litigation against the Los Angeles County Sheriff's Department over their near-$2,000 permit fees.

Image

Moros said that Democrats argue the Save Act that would require ID for voting is “unconstitutional and would disenfranchise voters."

"But where is that energy for the Second Amendment?" he asked. "They are putting much more burden on this Constitutional right ... and not noticing the hypocrisy. I wish more people would notice that.”

Sullivan argued this bill was intended to prevent mass shootings. He refused to be interviewed, saying: “I have been in this policy work now over 14 years since my son was murdered in the Aurora theater massacre. I’m glad to see that you now have an interest.”

He instead sent The Center Square his newsletter, stating “[d]espite the best intentions of lawmakers, enforcement has been inconsistent, and these devices – which put the ‘mass’ into mass shootings – remain readily available.”

Moros rejected the claim that this bill was intended to prevent mass shootings, saying “[p]utting training requirements to purchase a weapon does not make sense. Do they think that mass-shooters need safety training on how to handle a firearm?”

“We already know that gun-related accidents are at a record-low right now," Moros said. "In the ‘70s, we used to have about 3,000 a year. Now, it’s less than 500 per year. Usually when it’s a firearm accident it’s from a handgun, not a rifle.”

Image

Ian Escalante, the executive director for the Rocky Mountain Gun Owners, agreed that government shouldn't interfere with Second Amendment rights.

“You now have to go to the government and ask permission, take tests and class all just to ‘prove’ yourself worthy of exercising your God-given right to purchase a firearm,” Escalante said.

He said the implementation of this bill “will be a nightmare," adding the state has not adequately prepared everyone involved like sheriffs, Colorado Parks and Wildlife, and firearm dealers.

He cited that 60 of the 64 Colorado counties do not currently have their permitting systems up and running, or their status is unknown. The Center Square was unable to verify these claims.

The Center Square reached out to the Office of Gun Violence Prevention, but no one responded.

Travis Duncan, the Colorado Parks and Wildlife Public Information Manager, said no one was available for an interview but emailed a statement that said the department “can't speak to the readiness of all 64 Colorado counties for August 1 implementation of SB003." But the agency is in charge of coordinating with county sheriff departments to ensure the systems will be ready and Colorado Bureau of Investigation hired 20 additional people to help with background checks, he wrote.