A Bill for an Act
Page 1, Line 101Concerning adding motor vehicle theft to the list of
Page 1, Line 102offenses that apply to the offense of possession of
Page 1, Line 103weapons by previous offenders.
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.)
Under current law, it is illegal for a person to possess a firearm if the person was convicted of or adjudicated for certain felonies. The bill adds motor vehicle theft in the first, second, and third degree to the list of violations that prohibit a person from possessing a firearm.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-12-108, add(3.5),(7)(n.5) as follows:
Page 2, Line 318-12-108. Possession of weapons by previous offenders.
Page 2, Line 4(3.5) (a) If at least ten years have passed since the date of the
Page 2, Line 5final disposition of all criminal proceedings against the person
Page 2, Line 6for the conviction of motor vehicle theft in the first degree in
Page 2, Line 7violation of section 18-4-409 (2) or the conviction of attempt or
Page 2, Line 8conspiracy to commit motor vehicle theft in the first degree, or
Page 2, Line 9since the release of the person from supervision for the
Page 2, Line 10conviction of motor vehicle theft in the first degree in violation
Page 2, Line 11of section 18-4-409 (2) or the release of the person from
Page 2, Line 12supervision for the conviction of attempt or conspiracy to
Page 2, Line 13commit a motor vehicle theft in the first degree, whichever is
Page 2, Line 14later, then the person may petition the court for an order
Page 2, Line 15determining that subsection (1) of this section does not apply to
Page 2, Line 16the person if the person legally possesses, uses, or carries upon
Page 2, Line 17their person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12.
Page 2, Line 18(b) A court shall enter an order determining that
Page 2, Line 19subsection (1) of this section does not apply to a person
Page 2, Line 20described in subsection (3.5)(a) of this section upon the proper
Page 2, Line 21request of the person pursuant to subsection (3.5)(a) of this section.
Page 2, Line 22(7) In addition to a conviction for felony crime as defined in
Page 2, Line 23section 24-4.1-302 (1), a felony conviction or adjudication for one of the
Page 3, Line 1following felonies prohibits a person from possessing, using, or carrying
Page 3, Line 2upon the person a firearm as defined in section 18-1-901 (3)(h) or any
Page 3, Line 3other weapon that is subject to this article 12 pursuant to subsection (1) or (3) of this section:
Page 3, Line 4(n.5) Motor vehicle theft in the first degree in violation of section 18-4-409;
Page 3, Line 6SECTION 2. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 3, Line 7SECTION 3. Safety clause. The general assembly finds,
Page 3, Line 8determines, and declares that this act is necessary for the immediate
Page 3, Line 9preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 10the support and maintenance of the departments of the state and state institutions.