A Bill for an Act
Page 1, Line 101Concerning liability for harm suffered on another's
Page 1, Line 102property when a person is not allowed the means to
Page 1, Line 103defend themselves on the property.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill makes the owner or person in control of a property who prohibits persons from bringing arms of self-defense onto the property liable for damages for harm suffered by a person while on the property that could have been prevented by the person if the person had the person's arm of self-defense. The bill waives sovereign immunity in an action for harms under the conditions described in the bill against a public entity that owns or controls property.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 13-21-134 as follows:
Page 2, Line 313-21-134. Liability for entities that prohibit tools of
Page 2, Line 4defending one's self from harm - definition. (1) As used in this
Page 2, Line 5section, unless the context otherwise requires, "arm of
Page 2, Line 6self-defense" means any weapon for offense; equipment and
Page 2, Line 7armor for defense of a person; and ammunition, accoutrements,
Page 2, Line 8parts, and accessories typical to maintaining the function and most effective intended use of the weapon, equipment, or armor.
Page 2, Line 9(2) (a) The owner or person in control of a property who
Page 2, Line 10prohibits a person from bringing an arm of self-defense onto the
Page 2, Line 11property is liable for damages, including noneconomic loss or
Page 2, Line 12injury, for any harm suffered by a person while on the property
Page 2, Line 13that could have been prevented by the person if the person had the person's arm of self-defense.
Page 2, Line 14(b) A harmed person is not required to show that the
Page 2, Line 15person actually would have prevented the harm but for the
Page 2, Line 16prohibition on arms of self-defense on the property in order to establish a claim for damages pursuant to this section.
Page 2, Line 17(3) (a) Pursuant to section 24-10-106 (1)(l), sovereign
Page 2, Line 18immunity in an action for damages described in this section is waived by a public entity that owns or operates property.
Page 2, Line 19(b) A law, ordinance, regulation, or other law enacted by
Page 2, Line 20the public entity that prohibits a person from bringing an arm of
Page 3, Line 1self-defense onto the public entity's property is sufficient to
Page 3, Line 2prove that the owner or person in control of the property
Page 3, Line 3prohibits a person from bringing an arm of self-defense onto the property for the purposes of this section.
Page 3, Line 4SECTION 2. In Colorado Revised Statutes, 24-10-106, amend (1)(j) and (1)(k); and add (1)(l) as follows:
Page 3, Line 524-10-106. Immunity and partial waiver. (1) A public entity is
Page 3, Line 6immune from liability in all claims for injury that lie in tort or could lie
Page 3, Line 7in tort regardless of whether that may be the type of action or the form of
Page 3, Line 8relief chosen by the claimant except as provided otherwise in this section.
Page 3, Line 9Sovereign immunity is waived by a public entity in an action for injuries resulting from:
Page 3, Line 10(j) An action brought pursuant to part 12 of article 20 of title 13,
Page 3, Line 11whether the conduct alleged occurred before, on, or after January 1, 2022;
orPage 3, Line 12(k) An action brought pursuant to section 24-34-806 (4); or
Page 3, Line 13(l) Harm under the circumstances described in section 13-21-134.
Page 3, Line 14SECTION 3. Safety clause. The general assembly finds,
Page 3, Line 15determines, and declares that this act is necessary for the immediate
Page 3, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 17the support and maintenance of the departments of the state and state institutions.