Polis signs 4 gun bills into law

BY ELLIOTT WENZLER THE COLORADO SUN

Gov. Jared Polis signed four gun measures into law Friday in what’s likely the most consequential tightening of gun regulations in Colorado history.

e bills expand the state’s red ag law, raise the minimum age to purchase all guns to 21, impose a threeday waiting period on rearm purchases and make it easier for people to sue the gun industry.

“Coloradans deserve to be safe in our communities, in our schools, our grocery stores, night clubs and everywhere in between,” Polis said before signing the bills.

Still pending in the legislature, and expected to pass soon, is a fth bill that would ban the creation and sale of unserialized rearms, also known as “ghost guns.”

Here’s what each of the bills signed into law Friday would do:

Red flag law expansion

Colorado’s red ag law, which allows judges to order the temporary seizure of guns from people deemed a signi cant risk to themselves or others, was created in 2019. But only family members and law enforcement have been able to petition a judge to issue a seizure order.

Under Senate Bill 170, one of the four bills signed by Polis on Friday, the list of people who can petition a judge to order a gun seizure now includes health care providers, mental health providers, district attorneys and teachers. e bill also requires the Colorado Department of Public Health and Environment to create an education campaign around the red ag law.

“If I hear one more time, ‘It’s not the gun, it’s the person’ but then you don’t support this law, then maybe you don’t really mean it,” said Rep. Jennifer Bacon, D-Denver, a prime sponsor of the bill. “Because that’s what we’re addressing here.” e measure is aimed at increasing use of the red ag law, which hasn’t been used much in its rst few years compared to other states with similar laws, according to a Colorado Public e bill’s other prime sponsors were all Democrats, including Sen. Tom Sullivan, Senate President Steve Fenberg and Rep. Mike Weissman. Requiring that people be 21 to purchase a gun e new law makes it a Class 2 misdemeanor to buy a gun if you are younger than 21 or for a private dealer to sell a rearm to someone who is younger than 21. Licensed dealers who sell to someone younger than 21 could be charged with a Class 1 misdemeanor. e law has exceptions for members of the military and law enforcement. e measure originally also would have banned possession of rearms for those under 21. at provision was removed in March. e bill also originally would have allowed people under 21 with a hunting license to purchase some rearms, but that element was also dropped. e bill’s other prime sponsors were all Democrats: Sen. Kyle Mullica, Rep. Monica Duran and Rep. Eliza Hamrick.

Finally, the bill creates a hotline run by the Colorado Department of Public Safety to help the public get information about how to request gun seizures and to connect people with relevant resources.

Radio analysis.

Senate Bill 169 raises the minimum age to purchase any rearm in Colorado to 21. e new law also makes it illegal to sell any gun to someone younger than 21.

“It’s just the truth that young people are far more likely to commit gun violence than their older counterparts,” said Sen. Jessie Danielson, a Wheat Ridge Democrat and prime sponsor of the bill.

It was already illegal for people under 21 to purchase handguns.

Three-day waiting period e legislation also allows local governments to impose longer waiting periods for gun purchases. e bill’s prime sponsors were Democrats Rep. Meg Froelich, Rep.

House Bill 1219 requires that people wait three days after purchasing a gun before they can take possession of the weapon. e measure is aimed at preventing heat-of-the-moment suicides and homicides.

If a background check takes longer than three days, purchasers would have to continue waiting to access their weapon until the check is complete. Violations are punishable by a ne of $500 for the rst o ense and increase to $5,000 for subsequent o enses.

Nine states and the District of Columbia already have waiting periods for gun purchases, according to Giffords, a group that pushes for tougher rearm regulations, though the policies di er from state to state.

Republicans in the legislature attempted to amend the bill to exempt victims of assault and attempted homicide from the waiting period, but those proposed changes were rejected. ere are exceptions for antique rearms and for military members soon being deployed who are selling a rearm to a family member.

“Our waiting periods bill puts distance between emotional distress and access to a rearm,” Froelich said during the bill signing event. Making it easier to sue the gun industry e bill initially included a speci c code of conduct for gun manufacturers and sellers. e code would have required the gun making industry to “take reasonable precautions” to ensure its products aren’t sold to a retailer that “fails to establish and implement reasonable controls.” It also would have required that gun makers don’t create or market products that can be easily modi ed into something illegal or something that is targeted toward minors or people who are barred from purchasing a gun. e governor’s o ce asked for that part of the bill to be removed, and it was taken out at their behest. is story is from e Colorado Sun, a journalist-owned news outlet based in Denver and covering the state. For more, and to support e Colorado Sun, visit coloradosun.com. e Colorado Sun is a partner in the Colorado News Conservancy, owner of Colorado Community Media equipment upgrades/add-ons, and certain other add’l fees & chrgs. See directv.com/directv-fees/ for additional information. $10/MO. AUTOPAY AND PAPERLESS BILL DISCOUNT: Must enroll in autopay & paperless bill within 30 days of TV activation to receive bill credit starting in 1-3 bill cycles (pay $10 more/mo. until discount begins). Must maintain autopay/paperless bill and valid email address to continue credits. DIRECTV SVC TERMS: Subject to Equipment Lease & Customer Agreements. All o ers, packages, programming, promotions, features, terms, restrictions and conditions and all prices and fees not included in price guarantee are subject to change without notice. Package, Advanced Receiver Service Fee, Regional Sports Fee (varies by zip code) and equipment fees for TV connections are included in two-year price guarantee. Taxes, surcharges, add-on programming (including premium channels), protection plan, transactional fees, and Federal Cost Recovery Fee are not included in two-year price guarantee. Some o ers may not be available through all channels and in select areas. Di erent o ers may apply for eligible multi-dwelling unit. Visit directv.com/legal/ or call for details. Access HBO Max through HBO Max app or hbomax.com with your DIRECTV log-in credentials. Visit directv.com to verify/create your account. Use of HBO Max is subject to its own terms and conditions, see hbomax.com/terms-of-use for details. Programming and content subj. to change. Requires account to stay in good standing. Upon cancellation of your video service you may lose access to HBO Max. If you cancel your service, you will

Senate Bill 168 rolled back the state’s extra protections for gun and ammunition manufacturers and sellers against lawsuits.

A 2000 Colorado law — passed about a year after the Columbine High School massacre — granted the rearm industry some of the toughest civil legal protections in the nation. It required plainti s to pay defendants’ attorneys’ fees in all dismissed cases, and only allowed people to bring product liability lawsuits against gun makers, sellers and importers.

Senate Bill 168 eliminates the requirement that plainti s automatically pay the legal fees of gun-industry defendants when cases are dismissed, and it makes the industry susceptible to lawsuits under the Colorado Consumer Protection Act, the catchall policy governing business in the state.

“We nally, after 23 years of waiting, can open up Colorado courtrooms to gun violence victims and survivors seeking justice,” said Sen. Sonya Jaquez Lewis, a Boulder County Democrat and a prime sponsor of the bill.