Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0554.01 Conrad Imel x2313
HOUSE BILL 22-1033
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE AUTHORITY TO CARRY A HANDGUN .101
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 grants a person who is at least 21 years old and permitted
to possess a handgun pursuant to federal and state law the same authority
to carry a concealed handgun as a person who holds a permit to carry a
concealed handgun (permit). A person who carries a concealed handgun
without a permit has the same rights, limitations, and authority to carry as
a person who holds a permit. A person may obtain a permit for the
purpose of using the permit to carry a concealed handgun in another state
that recognizes a Colorado permit.
HOUSE SPONSORSHIP
Hanks,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. Under existing law, a permit is valid for 5 years. The bill makes a
permit valid for the life of the permit holder. Existing permits, other than
temporary emergency permits, are converted to lifetime permits. Because
permits are valid for the life of the holder, the bill repeals provisions
relating to the renewal of permits. The bill repeals the temporary
emergency permit to carry a concealed handgun.
The bill repeals local government authority to regulate open or
concealed carry of a handgun, including repealing the authority of special
districts and the governing boards of institutions of higher education, as
applicable.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-12-105, amend2
(2) introductory portion, (2)(c), and (2)(f); and add (2)(g) and (3) as3
follows:4
18-12-105. Unlawfully carrying a concealed weapon - unlawful5
possession of weapons - concealed carry of a handgun without a6
permit. (2) It shall not be
IS NOT an offense if the defendant was:7
(c) A person who, at the time of carrying a concealed weapon,8
held a valid written permit to carry a concealed weapon issued pursuant9
to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon10
involved was a handgun, held a valid permit to carry a concealed handgun11
or a temporary emergency permit issued pursuant to part 2 of this article12
ARTICLE 12; except that it shall be an offense under this section if the13
person was carrying a concealed handgun in violation of the provisions14
of section 18-12-214; or15
(f) A United States probation officer or a United States pretrial16
services officer while on duty and serving in the state of Colorado under17
the authority of rules and regulations promulgated by the judicial18
conference of the United States;
OR19
(g) L
AWFULLY CARRYING A CONCEALED HANDGUN PURSUANT TO20
HB22-1033-2- THE AUTHORITY GRANTED IN SUBSECTION (3) OF THIS SECTION.1
(3) (a) A
PERSON WHO IS AT LEAST TWENTY -ONE YEARS OF AGE2
AND IS PERMITTED TO POSSESS A HANDGUN PURSUANT TO FEDERAL AND3
STATE LAW HAS THE SAME AUTHORITY TO CARRY A CONCEALED4
HANDGUN, AND IS SUBJECT TO THE SAME LIMITATIONS, AS A PERSON WHO5
HOLDS A PERMIT TO CARRY A CONCEALED HANDGUN , AS SET FORTH IN6
SECTION 18-12-214.7
(b) N
OTHING IN THIS SUBSECTION (3) PROHIBITS A PERSON FROM8
APPLYING FOR AND OBTAINING A PERMIT TO CARRY A CONCEALED9
HANDGUN PURSUANT TO PART 2 OF THIS ARTICLE 12 FOR THE PURPOSE OF10
USING THE PERMIT TO CARRY A CONCEALED HANDGUN IN A STATE THAT11
RECOGNIZES THE VALIDITY OF A PERMIT ISSUED IN COLORADO.12
SECTION 2. In Colorado Revised Statutes, 18-12-105.5, amend13
(3) introductory portion, (3)(d.5), and (3)(h); and add (3)(i) as follows:14
18-12-105.5. Unlawfully carrying a weapon - unlawful15
possession of weapons - school, college, or university grounds. (3) It16
shall not be
IS NOT an offense under this section if:17
(d.5) The weapon involved was a handgun and the person held a18
valid permit to carry a concealed handgun or a temporary emergency19
permit issued pursuant to part 2 of this article ARTICLE 12; except that it20
shall be an offense under this section if the person was carrying a21
concealed handgun in violation of the provisions of section 18-12-21422
(3); or23
(h) The person has possession of the weapon for use in an24
educational program approved by a school which program includes, but25
shall not be IS NOT limited to, any course designed for the repair or26
maintenance of weapons;
OR27
HB22-1033
-3- (i) THE PERSON WAS LAWFULLY CARRYING A CONCEALED1
HANDGUN PURSUANT TO THE AUTHORITY GRANTED IN SECTION 18-12-1052
(3);
EXCEPT THAT IT IS AN OFFENSE UNDER THIS SECTION IF THE PERSON3
WAS CARRYING THE CONCEALED HANDGUN IN VIOLATION OF SECTION4
18-12-214
(3).5
SECTION 3. In Colorado Revised Statutes, 18-12-106, amend,6
as it will become effective March 1, 2022, (1)(d) as follows:7
18-12-106. Prohibited use of weapons - definitions. (1) A8
person commits a class 1 misdemeanor if:9
(d) The person has in his or her possession a firearm while the10
person is under the influence of intoxicating liquor or of a controlled11
substance, as defined in section 18-18-102 (5). Possession of a permit12
issued under section 18-12-105.1, as it existed prior to its repeal, or13
possession of a permit or a temporary emergency permit
issued pursuant14
to part 2 of this article ARTICLE 12 is no defense to a violation of this15
subsection (1).16
SECTION 4. In Colorado Revised Statutes, 18-12-201, amend17
(1)(c), (2)(a), and (2)(b); and repeal (1)(d) and (2)(c) as follows:18
18-12-201. Legislative declaration. (1) The general assembly19
finds that:20
(c) Inconsistency regarding issuance of permits results in the21
arbitrary and capricious denial of permits to carry concealed handguns22
based on the jurisdiction of residence rather than the qualifications for23
obtaining a permit;
AND24
(d) Officials of local governments are uniquely equipped to make
25
determinations as to where concealed handguns can be carried in their26
local jurisdictions; and27
HB22-1033
-4- (2) Based on the findings specified in subsection (1) of this1
section, the general assembly concludes that:2
(a) The criteria and procedures for issuing permits to carry3
concealed handguns is a matter of statewide concern;
AND4
(b) It is necessary to provide statewide uniform standards for5
issuing permits to carry concealed handguns for self-defense. and
6
(c) Whether concealed handguns can be carried in a specific area7
is a matter of state and local concern.8
SECTION 5. In Colorado Revised Statutes, 18-12-202, amend9
(6) as follows:10
18-12-202. Definitions. As used in this part 2, unless the context11
otherwise requires:12
(6) "Permit" means a permit to carry a concealed handgun issued13
pursuant to the provisions of this part 2. except that "permit" does not14
include a temporary emergency permit issued pursuant to section15
18-12-209.16
SECTION 6. In Colorado Revised Statutes, 18-12-203, amend17
(3)(a) as follows:18
18-12-203. Criteria for obtaining a permit. (3) (a) The sheriff19
shall deny
OR revoke or refuse to renew
a permit if an applicant or a20
permittee fails to meet one of the criteria listed in subsection (1) of this21
section and may deny
OR revoke or refuse to renew
a permit on the22
grounds specified in subsection (2) of this section. 23
SECTION 7. In Colorado Revised Statutes, 18-12-204, amend24
(1)(b) and (3)(a) introductory portion; repeal (2)(b); and add (1)(c) as25
follows:26
18-12-204. Permit contents - validity - carrying requirements.27
HB22-1033
-5- (1) (b) A permit is valid for a period of five years after the date of1
issuance and may be renewed as provided in section 18-12-211 THE LIFE2
OF THE PERMIT HOLDER UNLESS SUSPENDED OR REVOKED . A permit issued3
pursuant to this part 2 including a temporary emergency permit issued4
pursuant to section 18-12-209, is effective in all areas of the state, except5
as otherwise provided in section 18-12-214.6
(c) A
PERMIT, OTHER THAN A TEMPORARY EMERGENCY PERMIT ,7
ISSUED PURSUANT TO THIS PART 2 PRIOR TO THE EFFECTIVE DATE OF THIS8
SUBSECTION (1)(c) THAT IS VALID ON THE EFFECTIVE DATE OF THIS9
SUBSECTION (1)(c) DOES NOT EXPIRE AND IS VALID FOR THE LIFE OF THE10
PERMIT HOLDER UNLESS SUSPENDED OR REVOKED . THE ISSUING SHERIFF11
SHALL PROVIDE A PERMITTEE A REPLACEMENT PERMIT WITHOUT AN12
EXPIRATION DATE UPON REQUEST OF THE PERMITTEE AND RECEIPT OF A13
FIFTEEN DOLLAR FEE.14
(2) (b) The provisions of paragraph (a) of this subsection (2) apply
15
to temporary emergency permits issued pursuant to section 18-12-209.16
(3) (a) A person who may lawfully possess a handgun may carry17
a handgun under the following circumstances without obtaining a permit18
and the handgun shall not be considered concealed:19
SECTION 8. In Colorado Revised Statutes, 18-12-205, amend20
(5) as follows:21
18-12-205. Sheriff - application - procedure - background22
check. (5) The sheriff in each county or city and county in the state shall23
establish the amount of the new and renewal permit fees FEE within his24
or her THE SHERIFF'S jurisdiction. The amount of the new and renewal25
permit fees shall FEE MUST comply with the limits specified in paragraph26
(b) of subsection (2) SUBSECTION (2)(b) of this section and section27
HB22-1033
-6- 18-12-211 (1), respectively. The fee amounts shall AND MUST reflect the1
actual direct and indirect costs to the sheriff of processing permit2
applications and renewal applications pursuant to this part 2.3
SECTION 9. In Colorado Revised Statutes, 18-12-207, amend4
(1) as follows:5
18-12-207. Judicial review - permit denial - permit suspension6
- permit revocation. (1) If a sheriff denies a permit application refuses7
to renew a permit, or suspends or revokes a permit, the applicant or8
permittee may seek judicial review of the sheriff's decision. The applicant9
or permittee may seek judicial review either in lieu of or subsequent to the10
sheriff's second review.11
SECTION 10. In Colorado Revised Statutes, 18-12-208, amend12
(1) and (2)(a) as follows:13
18-12-208. Colorado bureau of investigation - duties. (1) Upon14
receipt of a permit applicant's fingerprints from a sheriff pursuant to15
section 18-12-205 (4), or upon a sheriff's request pursuant to section16
18-12-211 (1), the bureau shall process the full set of fingerprints to17
obtain any available state criminal justice information or federal18
information pursuant to section 16-21-103 (5) C.R.S., and shall report any19
information received to the sheriff. In addition, within ten days after20
receiving the fingerprints, the bureau shall forward one set of the21
fingerprints to the federal bureau of investigation for processing to obtain22
any available state criminal justice information or federal information.23
(2) The bureau shall use the fingerprints received pursuant to this24
part 2 solely for the purposes of:25
(a) Obtaining information for the issuance or renewal of permits;26
and27
HB22-1033
-7- SECTION 11. In Colorado Revised Statutes, repeal 18-12-2091
as follows:2
18-12-209. Issuance by sheriffs of temporary emergency3
permits. (1) Notwithstanding any provisions of this part 2 to the4
contrary, a sheriff, as provided in this section, may issue a temporary5
emergency permit to carry a concealed handgun to a person whom the6
sheriff has reason to believe may be in immediate danger.7
(2) (a) To receive a temporary emergency permit, a person shall8
submit to the sheriff of the county or city and county in which the person9
resides or in which the circumstances giving rise to the emergency exist10
the items specified in section 18-12-205; except that an applicant for a11
temporary emergency permit need not submit documentary evidence12
demonstrating competence with a handgun as required under section13
18-12-205 (3)(a), and the applicant shall submit a temporary permit fee14
not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the15
documents and fee, the sheriff shall request that the bureau conduct a16
criminal history record check of the bureau files and a search of the17
national instant criminal background check system. The sheriff may issue18
a temporary emergency permit to the applicant if the sheriff determines19
the person may be in immediate danger and the criminal history record20
check shows that the applicant meets the criteria specified in section21
18-12-203; except that the applicant need not demonstrate competence22
with a handgun and the applicant may be eighteen years of age or older.23
(b) (I) A temporary emergency permit issued pursuant to this24
section is valid for a period of ninety days after the date of issuance. Prior25
to or within ten days after expiration of a temporary emergency permit,26
the permittee may apply to the sheriff of the county or city and county in27
HB22-1033
-8- which the person resides or in which the circumstances giving rise to the1
emergency exist for renewal of the permit. The sheriff may renew a2
temporary emergency permit once for an additional ninety-day period;3
except that, if the permittee is younger than twenty-one years of age, the4
sheriff may renew the temporary emergency permit for subsequent5
ninety-day periods until the permittee reaches twenty-one years of age.6
(II) If the sheriff is not the same sheriff who issued the temporary7
emergency permit to the permittee:8
(A) The permittee shall submit to the renewing sheriff, in addition9
to the materials described in section 18-12-205, a legible photocopy of the10
temporary emergency permit; and11
(B) The renewing sheriff shall contact the office of the sheriff12
who issued the temporary emergency permit and confirm that the issuing13
sheriff has not revoked or suspended the temporary emergency permit.14
SECTION 12. In Colorado Revised Statutes, 18-12-210, repeal15
(3) as follows:16
18-12-210. Maintenance of permit - address change - invalidity17
of permit. (3) The provisions of this section apply to temporary18
emergency permits issued pursuant to section 18-12-209.19
SECTION 13. In Colorado Revised Statutes, repeal 18-12-21120
as follows:21
18-12-211. Renewal of permits. (1) (a) Within one hundred22
twenty days prior to expiration of a permit, the permittee may obtain a23
renewal form from the sheriff of the county or city and county in which24
the permittee resides or from the sheriff of the county or city and county25
in which the permittee maintains a secondary residence or owns or leases26
real property used by the permittee in a business and renew the permit by27
HB22-1033
-9- submitting to the sheriff a completed renewal form, a notarized affidavit1
stating that the permittee remains qualified pursuant to the criteria2
specified in section 18-12-203 (1)(a) to (1)(g), and the required renewal3
fee not to exceed fifty dollars, as set by the sheriff pursuant to section4
18-12-205 (5). The renewal form must meet the requirements specified5
in section 18-12-205 (1) for an application.6
(b) If the sheriff is not the same sheriff who issued the permit to7
the permittee:8
(I) The permittee shall submit to the renewing sheriff, in addition9
to the materials described in paragraph (a) of this subsection (1), a legible10
photocopy of the permit; and11
(II) The renewing sheriff shall contact the office of the sheriff12
who issued the permit and confirm that the issuing sheriff has not revoked13
or suspended the permit.14
(c) The sheriff shall verify pursuant to section 18-12-205 (4) that15
the permittee meets the criteria specified in section 18-12-203 (1)(a) to16
(1)(g) and is not a danger as described in section 18-12-203 (2) and shall17
either renew or deny the renewal of the permit in accordance with the18
provisions of section 18-12-206 (1). If the sheriff denies renewal of a19
permit, the permittee may seek a second review of the renewal application20
by the sheriff and may submit additional information for the record. The21
permittee may also seek judicial review as provided in section 18-12-207.22
(2) A permittee who fails to file a renewal form on or before the23
permit expiration date may renew the permit by paying a late fee of24
fifteen dollars in addition to the renewal fee established pursuant to25
subsection (1) of this section. No permit shall be renewed six months or26
more after its expiration date, and the permit shall be deemed to have27
HB22-1033
-10- permanently expired. A person whose permit has permanently expired1
may reapply for a permit, but the person shall submit an application for2
a permit and the fee required pursuant to section 18-12-205. A person3
who knowingly and intentionally files false or misleading information or4
deliberately omits material information required under this section is5
subject to criminal prosecution for perjury under section 18-8-503.6
SECTION 14. In Colorado Revised Statutes, 18-12-212, amend7
(2) as follows:8
18-12-212. Exemption. (2) Notwithstanding any provision of this9
part 2 to the contrary, a retired peace officer, level I or Ia, as defined in10
section 18-1-901 (3)(l)(I) and (3)(l)(II), as said section existed prior to its11
repeal in 2003, within the first five years after retirement may obtain a12
permit by submitting to the sheriff of the jurisdiction in which the retired13
peace officer resides a letter signed by the sheriff or chief of police of the14
jurisdiction by which the peace officer was employed immediately prior15
to retirement attesting that the retired officer meets the criteria specified16
in section 18-12-203 (1). A retired peace officer who submits a letter17
pursuant to this subsection (2) is not subject to the fingerprint or criminal18
history check requirements specified in this part 2 and is not required to19
pay the permit application fee. Upon receipt of a letter submitted pursuant20
to this subsection (2), the sheriff shall issue the permit. A permit issued21
pursuant to this subsection (2) may not be renewed. Upon expiration of22
the permit, the permittee may apply for a new permit as provided in this23
part 2.24
SECTION 15. In Colorado Revised Statutes, 18-12-214, amend25
(1)(a); and repeal (1)(c), (2.5), (3.5), and (6) as follows:26
18-12-214. Authority granted by permit - carrying restrictions27
HB22-1033
-11- - local authority. (1) (a) A permit to carry a concealed handgun1
authorizes the permittee to carry a concealed handgun in all areas of the2
state, except as specifically limited in this section. A permit does not3
authorize the permittee to use a handgun in a manner that would violate4
a provision of state law. A
LOCAL GOVERNMENT DOES NOT HAVE THE5
AUTHORITY TO ADOPT OR ENFORCE AN ORDINANCE OR RESOLUTION THAT6
WOULD CONFLICT WITH ANY PROVISION OF THIS PART 2.7
(c) (I) A local government, including a special district, or the
8
governing board of an institution of higher education, including the board9
of directors of the Auraria higher education center, may enact an10
ordinance, resolution, rule, or other regulation that prohibits a permittee11
from carrying a concealed handgun in a building or specific area within12
the local government's or governing board's jurisdiction, or for a special13
district, in a building or specific area under the direct control or14
management of the district, including a building or facility managed15
pursuant to an agreement between the district and a contractor. An16
ordinance, resolution, or other regulation prohibiting a permittee from17
carrying a concealed handgun may only impose a civil penalty for a18
violation and require the person to leave the premises. For a first offense,19
the ordinance, resolution, or other regulation may not impose a fine that20
exceeds fifty dollars and may not impose a sentence of incarceration. A21
person who does not leave the premises when required may be subject to22
criminal penalties.23
(II) If a local government or governing board prohibits carrying24
a concealed handgun in a building or specific area, the local government25
or governing board shall post signs at the public entrances to the building26
or specific area informing persons that carrying a concealed handgun is27
HB22-1033
-12- prohibited in the building or specific area. The notice required by this1
section may be included on a sign describing open carry restrictions2
posted in accordance with section 29-11.7-104.3
(2.5) A permit issued pursuant to this part 2 does not authorize a4
person to carry a concealed handgun into a place where the carrying of5
concealed handguns is prohibited by a local ordinance, resolution, rule,6
or other regulation.7
(3.5) A permit issued pursuant to this part 2 does not authorize a8
person to carry a concealed handgun onto the real property, or into any9
improvements erected thereon, of a public college or university if the10
carrying of concealed handguns is prohibited by the governing board of11
the college or university.12
(6) The provisions of this section apply to temporary emergency13
permits issued pursuant to section 18-12-209.14
SECTION 16. In Colorado Revised Statutes, amend 29-11.7-10415
as follows:16
29-11.7-104. Regulation - carrying - posting. (1) A local17
government may enact an ordinance, regulation, or other law that18
prohibits the open carrying of a firearm,
OTHER THAN A HANDGUN , in a19
building or specific area within the local government's jurisdiction. If a20
local government enacts an ordinance, regulation, or other law that21
prohibits the open carrying of a firearm,
OTHER THAN A HANDGUN , in a22
building or specific area, the local government shall post signs at the23
public entrances to the building or specific area informing persons that24
the open carrying of firearms,
OTHER THAN HANDGUNS , is prohibited in25
the building or specific area.26
(2) A
LOCAL GOVERNMENT DOES NOT HAVE THE AUTHORITY TO27
HB22-1033
-13- ENACT AN ORDINANCE, REGULATION, OR OTHER LAW THAT PROHIBITS THE1
OPEN CARRYING OF A HANDGUN IN A BUILDING OR SPECIFIC AREA WITHIN2
THE LOCAL GOVERNMENT 'S JURISDICTION.3
SECTION 17. In Colorado Revised Statutes, 25-20.5-1206,4
amend (3) as follows:5
25-20.5-1206. Rules - report. (3) On or before December 31,6
2027, and on or before December 31 every fifth year thereafter, the office7
shall issue a report to the general assembly summarizing gun violence8
prevention measures adopted by local jurisdictions pursuant to article9
11.7 of title 29. or section 18-12-214. The office shall make the report10
publicly available on its website or, if the office does not have a dedicated11
website, on a web page of the department's website. Notwithstanding12
section 24-1-136 (11)(a)(I), the report required pursuant to this subsection13
(3) continues indefinitely.14
SECTION 18. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2022 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
HB22-1033
-14-