10 | | - | ONCERNING PERMITS TO CARRY A CONCEALED HANDGUN , AND, IN |
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11 | | - | CONNECTION THEREWITH |
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12 | | - | , ESTABLISHING STANDARDS FOR |
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13 | | - | CONCEALED HANDGUN TRAINING CLASSES |
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14 | | - | . |
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15 | | - | |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. In Colorado Revised Statutes, 18-12-202, amend (8); |
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18 | | - | repeal (2) and (5); and add (3.5), (6.5), and (9) as follows: |
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19 | | - | 18-12-202. Definitions. As used in this part 2, unless the context |
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20 | | - | otherwise requires: |
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21 | | - | (2) "Certified instructor" means an instructor for a firearms safety |
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22 | | - | course who is certified as a firearms instructor by: |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. (a) A county, municipal, state, or federal law enforcement agency; |
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31 | | - | (b) The peace officers standards and training board created in |
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32 | | - | section 24-31-302, C.R.S.; |
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33 | | - | (c) A federal military agency; or |
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34 | | - | (d) A national nonprofit organization that certifies firearms |
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35 | | - | instructors, operates national firearms competitions, and provides training, |
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36 | | - | including courses in personal protection, in small arms safety, use, and |
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37 | | - | marksmanship. |
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38 | | - | (3.5) "CONCEALED HANDGUN TRAINING CLASS " MEANS A |
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39 | | - | CONCEALED HANDGUN TRAINING CLASS AS DESCRIBED IN SECTION |
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40 | | - | 18-12-202.5 AND DOES NOT INCLUDE A REFRESHER CLASS . |
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| 14 | + | ONCERNING PERMITS TO CARRY A CONCEALED HANDGUN , AND, IN101 |
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| 15 | + | CONNECTION THEREWITH , ESTABLISHING STANDARDS FOR102 |
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| 16 | + | CONCEALED HANDGUN TRAINING CLASSES .103 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | Under existing law, an applicant for a permit to carry a concealed |
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| 25 | + | handgun (permit) must demonstrate competence with a handgun, which |
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| 26 | + | the applicant may do by completing a handgun training class (initial class) |
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| 27 | + | offered by a verified instructor. Beginning July 1, 2025, the bill requires |
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| 28 | + | concealed handgun training classes to be held in person and include |
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| 29 | + | SENATE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | April 22, 2024 |
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| 32 | + | SENATE |
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| 33 | + | 2nd Reading Unamended |
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| 34 | + | April 19, 2024 |
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| 35 | + | HOUSE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | March 11, 2024 |
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| 38 | + | HOUSE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | March 8, 2024 |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | Duran and Snyder, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, |
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| 43 | + | deGruy Kennedy, Epps, Froelich, Garcia, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, |
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| 44 | + | Lindsay, Lindstedt, Mabrey, Marvin, McCluskie, McCormick, Ortiz, Parenti, Ricks, Rutinel, |
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| 45 | + | Sirota, Titone, Weissman, Willford, Woodrow |
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| 46 | + | SENATE SPONSORSHIP |
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| 47 | + | Mullica, Bridges, Cutter, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Sullivan |
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| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 50 | + | Dashes through the words or numbers indicate deletions from existing law. instruction regarding: |
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| 51 | + | ! Knowledge and safe handling of firearms and ammunition; |
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| 52 | + | ! Safe storage of firearms and child safety; |
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| 53 | + | ! Safe firearms shooting fundamentals; |
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| 54 | + | ! Federal and state laws pertaining to the lawful purchase, |
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| 55 | + | ownership, transportation, use, and possession of firearms; |
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| 56 | + | ! State law pertaining to the use of deadly force for |
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| 57 | + | self-defense; and |
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| 58 | + | ! Techniques for avoiding a criminal attack and how to |
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| 59 | + | manage a violent confrontation, including conflict |
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| 60 | + | resolution and judgmental use of lethal force. |
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| 61 | + | A student must achieve a passing score on a written concealed |
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| 62 | + | handgun competency exam and in a live-fire exercise to complete an |
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| 63 | + | initial class. An initial class must provide at least 8 hours of instruction, |
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| 64 | + | including the live-fire exercise and written exam. |
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| 65 | + | The bill requires completion of an initial class or a concealed |
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| 66 | + | handgun refresher class (refresher class) for renewal of a permit, unless |
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| 67 | + | an exemption applies. A student in a refresher class must demonstrate |
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| 68 | + | safety and competence with a handgun. The refresher class must be held |
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| 69 | + | in person, be taught by a verified instructor, include instruction on |
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| 70 | + | changes to laws related to firearms, and require a passing score on a |
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| 71 | + | live-fire exercise and written exam. A refresher class must provide at least |
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| 72 | + | 2 hours of instruction, including the live-fire exercise and written exam. |
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| 73 | + | The bill requires the Colorado bureau of investigation to verify |
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| 74 | + | class instructors. |
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| 75 | + | The bill allows a person to demonstrate competence with a |
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| 76 | + | handgun by holding a current certification as a peace officer. The bill |
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| 77 | + | prohibits a person from being issued a permit if the person was convicted |
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| 78 | + | of certain misdemeanor offenses within 5 years before submitting a |
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| 79 | + | permit application. |
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| 80 | + | The bill makes it a deceptive trade practice for a person to claim |
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| 81 | + | to be a verified instructor for a concealed handgun training class unless |
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| 82 | + | the person is verified as a firearms instructor by the Colorado bureau of |
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| 83 | + | investigation. |
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| 84 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 85 | + | SECTION 1. In Colorado Revised Statutes, 18-12-202, amend2 |
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| 86 | + | (8); repeal (2) and (5); and add (3.5), (6.5), and (9) as follows:3 |
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| 87 | + | 18-12-202. Definitions. As used in this part 2, unless the context4 |
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| 88 | + | otherwise requires:5 |
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| 89 | + | 1174-2- (2) "Certified instructor" means an instructor for a firearms safety1 |
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| 90 | + | course who is certified as a firearms instructor by:2 |
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| 91 | + | (a) A county, municipal, state, or federal law enforcement agency;3 |
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| 92 | + | (b) The peace officers standards and training board created in4 |
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| 93 | + | section 24-31-302. C.R.S.;5 |
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| 94 | + | (c) A federal military agency; or6 |
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| 95 | + | (d) A national nonprofit organization that certifies firearms7 |
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| 96 | + | instructors, operates national firearms competitions, and provides8 |
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| 97 | + | training, including courses in personal protection, in small arms safety,9 |
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| 98 | + | use, and marksmanship.10 |
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| 99 | + | (3.5) "C |
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| 100 | + | ONCEALED HANDGUN TRAINING CLASS " MEANS A11 |
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| 101 | + | CONCEALED HANDGUN TRAINING CLASS AS DESCRIBED IN SECTION12 |
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| 102 | + | 18-12-202.5 |
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| 103 | + | AND DOES NOT INCLUDE A REFRESHER CLASS .13 |
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119 | | - | NSTRUCTION REGARDING FEDERAL AND STATE LAWS PERTAINING |
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120 | | - | TO THE LAWFUL PURCHASE |
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121 | | - | , OWNERSHIP, TRANSPORTATION, USE, AND |
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122 | | - | POSSESSION OF FIREARMS |
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123 | | - | , INCLUDING INSTRUCTION ON EXTREME RISK |
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124 | | - | PROTECTION ORDERS DESCRIBED IN ARTICLE |
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125 | | - | 14.5 OF TITLE 13, |
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126 | | - | REQUIREMENTS FOR REPORTING LOST OR STOLEN FIREARMS DESCRIBED IN |
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| 170 | + | NSTRUCTION REGARDING FEDERAL AND STATE LAWS12 |
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| 171 | + | PERTAINING TO THE LAWFUL PURCHASE , OWNERSHIP, TRANSPORTATION,13 |
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| 172 | + | USE, AND POSSESSION OF FIREARMS, INCLUDING INSTRUCTION ON EXTREME14 |
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| 173 | + | RISK PROTECTION ORDERS DESCRIBED IN ARTICLE 14.5 OF TITLE 13,15 |
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| 174 | + | REQUIREMENTS FOR REPORTING LOST OR STOLEN FIREARMS DESCRIBED IN16 |
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| 175 | + | SECTION 18-12-113, SECURE FIREARMS STORAGE REQUIREMENTS17 |
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| 176 | + | DESCRIBED IN SECTION 18-12-114, AND ANY OTHER STATE LAW ENACTED18 |
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| 177 | + | WITHIN FIVE YEARS BEFORE THE CLASS THAT PERTAINS TO THE PURCHASE ,19 |
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| 178 | + | OWNERSHIP, TRANSPORTATION, USE, AND POSSESSION OF FIREARMS;20 |
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| 179 | + | (e) I |
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| 180 | + | NSTRUCTION REGARDING STATE LAW PERTAINING TO THE USE21 |
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| 181 | + | OF DEADLY FORCE FOR SELF-DEFENSE;22 |
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| 182 | + | (e.5) INSTRUCTION REGARDING BEST PRACTICES TO ENSURE23 |
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| 183 | + | CONCEALED HANDGUN PERMIT HOLDERS SAFELY INTERACT WITH LAW24 |
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| 184 | + | ENFORCEMENT PERSONNEL WHO ARE RESPONDING TO AN EMERGENCY ;25 |
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| 185 | + | (f) I |
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| 186 | + | NSTRUCTION REGARDING TECHNIQUES FOR AVOIDING A26 |
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| 187 | + | CRIMINAL ATTACK AND HOW TO MANAGE A VIOLENT CONFRONTATION ,27 |
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| 188 | + | 1174 |
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| 189 | + | -5- INCLUDING CONFLICT RESOLUTION AND JUDGMENTAL USE OF LETHAL1 |
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| 190 | + | FORCE;2 |
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| 191 | + | (g) A |
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| 192 | + | REQUIREMENT THAT A STUDENT ACHIEVE A MINIMUM3 |
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| 193 | + | SEVENTY PERCENT ACCURACY |
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| 194 | + | SCORE, AS DETERMINED BY THE4 |
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| 195 | + | INSTRUCTOR, IN A LIVE-FIRE SHOOTING EXERCISE CO NDUCTED ON A5 |
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| 196 | + | RANGE, WHICH REQUIRES DISCHARGING AT LEAST FIFTY ROUNDS OF6 |
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| 197 | + | AMMUNITION AND WHICH DOES NOT NEED TO BE CONDUCTED IN A SINGLE7 |
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| 198 | + | DAY; AND8 |
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| 199 | + | (h) A |
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| 200 | + | REQUIREMENT THAT A STUDENT ACHIEVE A PASSING SCORE9 |
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| 201 | + | OF AT LEAST EIGHTY PERCENT ON A WRITTEN CONCEALED HANDGUN10 |
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| 202 | + | COMPETENCY EXAM |
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| 203 | + | THAT TESTS A STUDENT'S KNOWLEDGE OF THE11 |
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| 204 | + | SUBJECTS DESCRIBED IN SUBSECTIONS (3)(a) TO (3)(f) OF THIS SECTION.12 |
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| 205 | + | T |
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| 206 | + | HE EXAM MUST BE ADMINISTERED AS AN OPEN BOOK EXAM .13 |
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| 207 | + | (4) (a) A |
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| 208 | + | CONCEALED HANDGUN REFRESHER CLASS REQUIRES A14 |
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| 209 | + | STUDENT TO DEMONSTRATE SAFETY AND COMPETENCE WITH A HANDGUN .15 |
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| 210 | + | A |
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| 211 | + | REFRESHER CLASS MUST BE TAUGHT BY A VERIFIED INSTRUCTOR AND16 |
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| 212 | + | MUST INCLUDE INSTRUCTION ON CHANGES TO FEDERAL AND STATE LAWS17 |
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| 213 | + | RELATED TO FIREARMS ENACTED WITHIN FIVE YEARS BEFORE THE18 |
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| 214 | + | REFRESHER CLASS; A LIVE-FIRE SHOOTING EXERCISE CONDUCTED ON A19 |
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| 215 | + | RANGE, WHICH REQUIRES DISCHARGING AT LEAST FIFTY ROUNDS OF20 |
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| 216 | + | AMMUNITION; AND A WRITTEN CONCEALED HANDGUN COMPETENCY EXAM21 |
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| 217 | + | THAT TESTS A STUDENT'S KNOWLEDGE OF THE SUBJECTS DESCRIBED IN22 |
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| 218 | + | SUBSECTIONS (3)(a) TO (3)(f) OF THIS SECTION.23 |
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| 219 | + | (b) A |
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| 220 | + | REFRESHER CLASS MUST BE HELD IN PERSON WITH THE24 |
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| 221 | + | INSTRUCTOR OF THE CLASS AT THE SAME LOCATION AS THE STUDENTS ,25 |
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| 222 | + | AND NO PART OF THE CLASS MAY BE CONDUCTED VIA THE INTERNET . A26 |
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| 223 | + | REFRESHER CLASS MUST INCLUDE AT LEAST TWO HOURS OF INSTRUCTION ,27 |
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| 224 | + | 1174 |
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| 225 | + | -6- INCLUDING THE LIVE-FIRE EXERCISE AND THE WRITTEN EXAM . IN ORDER1 |
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| 226 | + | TO COMPLETE A REFRESHER CLASS, A STUDENT MUST ACHIEVE A MINIMUM2 |
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| 227 | + | SEVENTY PERCENT ACCURACY SCORE, AS DETERMINED BY THE3 |
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| 228 | + | INSTRUCTOR, IN THE LIVE-FIRE SHOOTING EXERCISE AND A PASSING SCORE4 |
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| 229 | + | OF AT LEAST EIGHTY PERCENT ON THE WRITTEN EXAM . THE EXAM MUST BE5 |
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| 230 | + | ADMINISTERED AS AN OPEN BOOK EXAM .6 |
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| 231 | + | (c) A |
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| 232 | + | TRAINING CERTIFICATE ISSUED FOR THE COMPLETION OF A7 |
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| 233 | + | REFRESHER CLASS IS VALID FOR RENEWAL OF A PERMIT TO CARRY A8 |
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| 234 | + | CONCEALED HANDGUN PURS UANT TO SECTION 18-12-211, BUT IS NOT9 |
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| 235 | + | VALID FOR AN INITIAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED10 |
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| 236 | + | HANDGUN PURSUANT TO SECTION 18-12-203 (1)(h)(VI).11 |
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| 237 | + | (5) A |
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| 238 | + | VERIFIED INSTRUCTOR SHALL PROVIDE A TRAINING12 |
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| 239 | + | CERTIFICATE THAT INCLUDES THE PRINTED NAME AND ORIGINAL13 |
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| 240 | + | SIGNATURE OF THE CLASS INSTRUCTOR TO ANY STUDENT WHO COMPLETES14 |
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| 241 | + | A CONCEALED HANDGUN TRAINING CLASS OR A REFRESHER CLASS SO THAT15 |
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| 242 | + | THE STUDENT MAY SUBMIT THE CERTIFICATE TO A SHERIFF AS PART OF AN16 |
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| 243 | + | INITIAL APPLICATION FOR, OR AN APPLICATION FOR RENEWAL OF, A PERMIT17 |
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| 244 | + | TO CARRY A CONCEALED HANDGUN . THE TRAINING CERTIFICATE MUST18 |
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| 245 | + | CLEARLY INDICATE WHETHER THE STUDENT COMPLETED A CONCEALED19 |
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| 246 | + | HANDGUN TRAINING CLASS OR A REFRESHER CLASS .20 |
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| 247 | + | 21 |
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| 248 | + | (6) A CONCEALED HANDGUN TRAINING CLASS AND A REFRESHER22 |
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| 249 | + | CLASS IS SUBJECT TO THE REQUIREMENTS OF THE FEDERAL "AMERICANS23 |
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| 250 | + | WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ.24 |
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| 251 | + | SECTION 3. In Colorado Revised Statutes, add 18-12-202.7 as25 |
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| 252 | + | follows:26 |
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| 253 | + | 18-12-202.7. Concealed handgun training class - instructor27 |
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| 254 | + | 1174 |
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| 255 | + | -7- verification. (1) EACH SHERIFF SHALL VERIFY AS A FIREARMS1 |
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| 256 | + | INSTRUCTOR A PERSON WHOSE PRINCIPAL PLACE TO CONDUCT FIREARMS2 |
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| 257 | + | TRAINING IS IN THE SHERIFF'S COUNTY AND WHO:3 |
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| 258 | + | (a) SATISFIES THE REQUIREMENTS FOR VERIFICATION DESCRIBED4 |
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| 259 | + | IN THIS SECTION; AND5 |
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| 260 | + | (b) PAYS ANY FEE REQUIRED PURSUANT TO SUBSECTION (5) OF THIS6 |
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| 261 | + | SECTION.7 |
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| 262 | + | (2) T |
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| 263 | + | O BECOME A VERIFIED INSTRUCTOR, AN APPLICANT MUST:8 |
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| 264 | + | (a) H |
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| 265 | + | OLD A VALID PERMIT TO CARRY A CONCEALED HANDGUN9 |
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| 266 | + | ISSUED PURSUANT THIS PART 2 THAT IS NOT A TEMPORARY EMERGENCY10 |
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| 267 | + | PERMIT ISSUED PURSUANT TO SECTION 18-12-209; AND11 |
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| 268 | + | (b) BE CERTIFIED AS A FIREARMS INSTRUCTOR BY ONE OF THE12 |
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| 269 | + | FOLLOWING ENTITIES, THAT HAS INSTRUCTORS CERTIFIED BY A13 |
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| 270 | + | NATIONALLY RECOGNIZED ORGANIZATION THAT CUSTOMARILY OFFERS14 |
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| 271 | + | FIREARMS TRAINING:15 |
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| 272 | + | (I) A FEDERAL, STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT16 |
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| 273 | + | AGENCY;17 |
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| 274 | + | (II) A COLLEGE OR UNIVERSITY;18 |
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| 275 | + | (III) A NATIONALLY RECOGNIZED ORGANIZATION THAT19 |
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| 276 | + | CUSTOMARILY OFFERS FIREARMS TRAINING ; OR20 |
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| 277 | + | (IV) A FIREARMS TRAINING SCHOOL.21 |
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| 278 | + | (3) (a) A |
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| 279 | + | N INSTRUCTOR VERIFICATION ISSUED PURSUANT TO THIS22 |
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| 280 | + | SECTION IS VALID FOR TEN YEARS AND MAY BE RENEWED AT ANY TIME23 |
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| 281 | + | PRIOR TO EXPIRATION.24 |
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| 282 | + | (b) |
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| 283 | + | A SHERIFF SHALL ISSUE EVIDENCE OF VERIFICATION TO A25 |
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| 284 | + | VERIFIED INSTRUCTOR. THE EVIDENCE OF VERIFICATION MUST INCLUDE26 |
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| 285 | + | THE DATE OF EXPIRATION OF THE VERIFICATION .27 |
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| 286 | + | 1174 |
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| 287 | + | -8- (c) EACH SHERIFF SHALL MAINTAIN A RECORD OF FIREARMS1 |
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| 288 | + | INSTRUCTORS VERIFIED BY THE SHERIFF AND SHALL POST A LIST OF2 |
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| 289 | + | VERIFIED INSTRUCTORS ON THE SHERIFF'S WEBSITE. THE LIST MUST3 |
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| 290 | + | INCLUDE THE EXPIRATION DATE OF AN INSTRUCTOR 'S VERIFICATION.4 |
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| 291 | + | (4) (a) A SHERIFF SHALL REVOKE A VERIFICATION ISSUED5 |
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| 292 | + | PURSUANT TO THIS SECTION IF THE VERIFIED INSTRUCTOR CEASES TO MEET6 |
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| 293 | + | THE REQUIREMENTS FOR VERIFICATION .7 |
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| 294 | + | (b) A SHERIFF MAY REVOKE OR SUSPEND A VERIFICATION ISSUED8 |
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| 295 | + | PURSUANT TO THIS SECTION IF THE VERIFIED INSTRUCTOR PROVIDES9 |
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| 296 | + | INSTRUCTION IN A CONCEALED HANDGUN TRAINING CLASS OR REFRESHER10 |
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| 297 | + | CLASS THAT FAILS TO MEET THE REQUIREMENTS FOR THE CLASS PURSUANT11 |
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| 298 | + | TO THIS PART 2 AND THAT RESULTS IN THE ISSUANCE OF A TRAINING12 |
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| 299 | + | CERTIFICATE. A PERSON WHO HAS HAD A VERIFICATION SUSPENDED13 |
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| 300 | + | PURSUANT TO THIS SUBSECTION (4)(b) MAY APPLY FOR REINSTATEMENT14 |
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| 301 | + | NO EARLIER THAN THIRTY DAYS FOLLOWING SUSPENSION .15 |
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| 302 | + | (c) IF A SHERIFF DENIES A PERSON 'S APPLICATION FOR16 |
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| 303 | + | VERIFICATION AS A FIREARMS INSTRUCTOR OR SUSPENDS OR REVOKES A17 |
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| 304 | + | PERSON'S FIREARMS INSTRUCTOR VERIFICATION, THE SHERIFF SHALL18 |
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| 305 | + | NOTIFY THE PERSON IN WRITING. THE NOTICE MUST STATE THE GROUNDS19 |
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| 306 | + | FOR DENIAL, SUSPENSION, OR REVOCATION AND INFORM THE PERSON OF20 |
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| 307 | + | THE RIGHT TO SEEK JUDICIAL REVIEW PURSUANT TO SECTION 18-12-207.21 |
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| 308 | + | (5) A SHERIFF MAY ESTABLISH AND IMPOSE A FEE TO COVER THE22 |
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| 309 | + | ACTUAL DIRECT AND INDIRECT COSTS OF PROCESSING APPLICATIONS AND23 |
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| 310 | + | ISSUING AND RENEWING VERIFICATIONS PURSUANT TO THIS SECTION .24 |
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| 311 | + | 25 |
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| 312 | + | SECTION 4. In Colorado Revised Statutes, 18-12-203, amend26 |
---|
| 313 | + | (1)(h)(I) and (1)(h)(VI); and add (1)(c.5) as follows:27 |
---|
| 314 | + | 1174 |
---|
| 315 | + | -9- 18-12-203. Criteria for obtaining a permit. (1) Beginning May1 |
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| 316 | + | 17, 2003, except as set forth in this section, a sheriff shall issue a permit2 |
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| 317 | + | to carry a concealed handgun to an applicant who:3 |
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| 318 | + | (c.5) H |
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| 319 | + | AS NOT BEEN CONVICTED OF ANY OF THE OFFENSES4 |
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| 320 | + | DESCRIBED IN SECTION 24-33.5-424 (3)(b.3) COMMITTED ON OR AFTER THE5 |
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| 321 | + | EFFECTIVE DATE OF THIS SUBSECTION (1)(c.5), IF THE OFFENSE IS6 |
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| 322 | + | CLASSIFIED AS A MISDEMEANOR , AND THE APPLICANT HAS NOT BEEN7 |
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| 323 | + | CONVICTED IN ANOTHER STATE OR JURISDICTION , INCLUDING A MILITARY8 |
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| 324 | + | OR FEDERAL JURISDICTION, OF AN OFFENSE THAT, IF COMMITTED IN9 |
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| 325 | + | C |
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| 326 | + | OLORADO, WOULD CONSTITUTE ANY OF THE OFFENSES DESCRIBED IN10 |
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| 327 | + | SECTION 24-33.5-424 (3)(b.3) CLASSIFIED AS A MISDEMEANOR OFFENSE ,11 |
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| 328 | + | WITHIN FIVE YEARS PRIOR TO FILING THE PERMIT APPLICATION ;12 |
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| 329 | + | (h) Demonstrates competence with a handgun by submitting:13 |
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| 330 | + | (I) Evidence of experience with a firearm through participation in14 |
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| 331 | + | organized shooting competitions, or |
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| 332 | + | current military service, OR CURRENT15 |
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| 333 | + | CERTIFICATION AS A PEACE OFFICER PURSUANT TO ARTICLE 2.5 OF TITLE16 |
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| 334 | + | 16;17 |
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| 335 | + | (VI) A training certificate from a |
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| 336 | + | CONCEALED handgun training18 |
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| 337 | + | class obtained within the ten years |
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| 338 | + | ONE YEAR preceding submittal of the19 |
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| 339 | + | application. The applicant shall submit the original training certificate or20 |
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| 340 | + | a photocopy thereof that includes the PRINTED NAME AND original21 |
---|
| 341 | + | signature of the class VERIFIED instructor. To the extent permitted by22 |
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| 342 | + | section 18-12-202 (5) SECTION 18-12-202.5, in obtaining a training23 |
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| 343 | + | certificate from a |
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| 344 | + | CONCEALED handgun training class, the applicant shall |
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| 345 | + | 24 |
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| 346 | + | have HAS discretion in selecting which CONCEALED handgun training25 |
---|
| 347 | + | class to complete.26 |
---|
| 348 | + | SECTION 5. In Colorado Revised Statutes, 18-12-207, amend27 |
---|
| 349 | + | 1174 |
---|
| 350 | + | -10- (3); and add (4) as follows:1 |
---|
| 351 | + | 18-12-207. Judicial review - permit denial - permit suspension2 |
---|
| 352 | + | - permit revocation - denial, suspension, or revocation of instructor3 |
---|
| 353 | + | verification. (3) Notwithstanding any other provision of law to the4 |
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| 354 | + | contrary, at a judicial review sought pursuant to SUBSECTION (1) OF this5 |
---|
| 355 | + | section, the sheriff shall have the burden of proving by a preponderance6 |
---|
| 356 | + | of the evidence that the applicant or permittee is ineligible to possess a7 |
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| 357 | + | permit under the criteria listed in section 18-12-203 (1) or, if the denial,8 |
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| 358 | + | suspension, or revocation was based on the sheriff's determination that the9 |
---|
| 359 | + | person would be a danger as provided in section 18-12-203 (2), the sheriff10 |
---|
| 360 | + | shall have the burden of proving the determination by clear and11 |
---|
| 361 | + | convincing evidence. Following completion of the review, the court may12 |
---|
| 362 | + | award attorney fees to the prevailing party.13 |
---|
| 363 | + | (4) (a) IF A SHERIFF DENIES A PERSON 'S APPLICATION FOR14 |
---|
| 364 | + | VERIFICATION AS A FIREARMS INSTRUCTOR OR SUSPENDS OR REVOKES A15 |
---|
| 365 | + | PERSON'S FIREARMS INSTRUCTOR VERIFICATION , THE PERSON MAY SEEK16 |
---|
| 366 | + | JUDICIAL REVIEW OF THE SHERIFF'S DECISION. THE PROCEDURE AND17 |
---|
| 367 | + | TIMELINES DESCRIBED IN SUBSECTION (2) OF THIS SECTION APPLY TO18 |
---|
| 368 | + | JUDICIAL REVIEW OF A SHERIFF'S DECISION PURSUANT TO THIS SUBSECTION19 |
---|
| 369 | + | (4).20 |
---|
| 370 | + | (b) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE21 |
---|
| 371 | + | CONTRARY, AT A JUDICIAL REVIEW SOUGHT PURSUANT TO THIS22 |
---|
| 372 | + | SUBSECTION (4), THE SHERIFF HAS THE BURDEN OF PROVING BY A23 |
---|
| 373 | + | PREPONDERANCE OF THE EVIDENCE THAT THE PERSON DOES NOT MEET THE24 |
---|
| 374 | + | REQUIREMENTS TO BE VERIFIED AS A FIREARMS INSTRUCTOR OR SATISFIES25 |
---|
| 375 | + | THE CRITERIA FOR SUSPENSION OR REVOCATION OF A FIREARMS26 |
---|
| 376 | + | INSTRUCTOR VERIFICATION.27 |
---|
| 377 | + | 1174 |
---|
| 378 | + | -11- SECTION 6. In Colorado Revised Statutes, 18-12-211, amend1 |
---|
| 379 | + | (1)(a); and add (3) as follows:2 |
---|
| 380 | + | 18-12-211. Renewal of permits. (1) (a) Within one hundred3 |
---|
| 381 | + | twenty days prior to expiration of a permit, the permittee may obtain a4 |
---|
| 382 | + | renewal form from the sheriff of the county or city and county in which5 |
---|
| 383 | + | the permittee resides or from the sheriff of the county or city and county6 |
---|
| 384 | + | in which the permittee maintains a secondary residence or owns or leases7 |
---|
| 385 | + | real property used by the permittee in a business and renew the permit by8 |
---|
| 386 | + | DEMONSTRATING COMPETENCE WITH A HANDGUN , AS DESCRIBED IN9 |
---|
| 387 | + | SUBSECTION (3) OF THIS SECTION, AND submitting to the sheriff a10 |
---|
| 388 | + | completed renewal form; a notarized |
---|
| 389 | + | AN affidavit stating that the11 |
---|
| 390 | + | permittee remains qualified pursuant to the criteria specified in section12 |
---|
| 391 | + | 18-12-203 (1)(a) to (1)(g); and the required renewal fee not to exceed13 |
---|
| 392 | + | fifty dollars, as set by the sheriff pursuant to section 18-12-205 (5). The14 |
---|
| 393 | + | renewal form must meet the requirements specified in section 18-12-20515 |
---|
| 394 | + | (1) for an application.16 |
---|
| 395 | + | (3) A |
---|
| 396 | + | PERMITTEE SEEKING RENEWAL PURSUANT TO THIS SECTION17 |
---|
| 397 | + | MAY DEMONSTRATE COMPETENCE WITH A HANDGUN BY SUBMITTING :18 |
---|
| 398 | + | (a) E |
---|
| 399 | + | VIDENCE OF DEMONSTRATING COMPETENCE WITH FIREARMS19 |
---|
| 400 | + | THROUGH PARTICIPATION IN ORGANIZED SHOOTING COMPETITIONS ,20 |
---|
| 401 | + | CURRENT MILITARY SERVICE, OR CURRENT CERTIFICATION AS A PEACE21 |
---|
| 402 | + | OFFICER PURSUANT TO ARTICLE 2.5 OF TITLE 16;22 |
---|
| 403 | + | (b) E |
---|
| 404 | + | VIDENCE THAT, AT THE TIME THE APPLICATION IS SUBMITTED,23 |
---|
| 405 | + | THE APPLICANT IS A VERIFIED INSTRUCTOR;24 |
---|
| 406 | + | (c) P |
---|
| 407 | + | ROOF OF HONORABLE DISCHARGE FROM A BRANCH OF THE25 |
---|
| 408 | + | U |
---|
| 409 | + | NITED STATES ARMED FORCES THAT REFLECTS PISTOL QUALIFICATIONS26 |
---|
| 410 | + | OBTAINED WITHIN THE TEN YEARS PRECEDING SUBMITTAL OF THE27 |
---|
| 411 | + | 1174 |
---|
| 412 | + | -12- RENEWAL FORM;1 |
---|
| 413 | + | (d) A |
---|
| 414 | + | CERTIFICATE SHOWING RETIREMENT FROM A COLORADO LAW2 |
---|
| 415 | + | ENFORCEMENT AGENCY THAT REFLECTS PISTOL QUALIFICATIONS3 |
---|
| 416 | + | OBTAINED WITHIN THE TEN YEARS PRECEDING SUBMITTAL OF THE4 |
---|
| 417 | + | RENEWAL FORM; OR5 |
---|
| 418 | + | (e) A |
---|
| 419 | + | TRAINING CERTIFICATE THAT INCLUDES THE ORIGINAL6 |
---|
| 420 | + | SIGNATURE OF THE CLASS INSTRUCTOR FROM A CONCEALED HANDGUN7 |
---|
| 421 | + | TRAINING CLASS OR A REFRESHER CLASS , DESCRIBED IN SECTION8 |
---|
| 422 | + | 18-12-202.5, |
---|
| 423 | + | OBTAINED WITHIN SIX MONTHS PRIOR TO SUBMITTING A9 |
---|
| 424 | + | RENEWAL FORM.10 |
---|
128 | | - | 18-12-113, SECURE FIREARMS STORAGE REQUIREMENTS DESCRIBED |
---|
129 | | - | IN SECTION |
---|
130 | | - | 18-12-114, AND ANY OTHER STATE LAW ENACTED WITHIN FIVE |
---|
131 | | - | YEARS BEFORE THE CLASS THAT PERTAINS TO THE PURCHASE |
---|
132 | | - | , OWNERSHIP, |
---|
133 | | - | TRANSPORTATION, USE, AND POSSESSION OF FIREARMS; |
---|
134 | | - | (e) I |
---|
135 | | - | NSTRUCTION REGARDING STATE LAW PERTAINING TO THE USE OF |
---|
136 | | - | DEADLY FORCE FOR SELF |
---|
137 | | - | -DEFENSE; |
---|
138 | | - | (e.5) I |
---|
139 | | - | NSTRUCTION REGARDING BEST PRACTICES TO ENSURE |
---|
140 | | - | CONCEALED HANDGUN PERMIT HOLDERS SAFELY INTERACT WITH LAW |
---|
141 | | - | ENFORCEMENT PERSONNEL WHO ARE RESPONDING TO AN EMERGENCY |
---|
142 | | - | ; |
---|
143 | | - | (f) I |
---|
144 | | - | NSTRUCTION REGARDING TECHNIQUES FOR AVOIDING A CRIMINAL |
---|
145 | | - | ATTACK AND HOW TO MANAGE A VIOLENT CONFRONTATION |
---|
146 | | - | , INCLUDING |
---|
147 | | - | CONFLICT RESOLUTION AND JUDGMENTAL USE OF LETHAL FORCE |
---|
148 | | - | ; |
---|
149 | | - | (g) A |
---|
150 | | - | REQUIREMENT THAT A STUDENT ACHIEVE A MINIMUM SEVENTY |
---|
151 | | - | PERCENT ACCURACY SCORE |
---|
152 | | - | , AS DETERMINED BY THE INSTRUCTOR , IN A |
---|
153 | | - | LIVE |
---|
154 | | - | -FIRE SHOOTING EXERCISE CONDUCTED ON A RANGE , WHICH REQUIRES |
---|
155 | | - | DISCHARGING AT LEAST FIFTY ROUNDS OF AMMUNITION AND WHICH DOES |
---|
156 | | - | NOT NEED TO BE CONDUCTED IN A SINGLE DAY |
---|
157 | | - | ; AND |
---|
158 | | - | (h) A REQUIREMENT THAT A STUDENT ACHIEVE A PASSING SCORE OF |
---|
159 | | - | AT LEAST EIGHTY PERCENT ON A WRITTEN CONCEALED HANDGUN |
---|
160 | | - | COMPETENCY EXAM THAT TESTS A STUDENT |
---|
161 | | - | 'S KNOWLEDGE OF THE SUBJECTS |
---|
162 | | - | DESCRIBED IN SUBSECTIONS |
---|
163 | | - | (3)(a) TO (3)(f) OF THIS SECTION. THE EXAM |
---|
164 | | - | MUST BE ADMINISTERED AS AN OPEN BOOK EXAM |
---|
165 | | - | . |
---|
166 | | - | (4) (a) A |
---|
167 | | - | CONCEALED HANDGUN REFRESHER CLASS REQUIRES A |
---|
168 | | - | PAGE 4-HOUSE BILL 24-1174 STUDENT TO DEMONSTRATE SAFETY AND COMPETENCE WITH A HANDGUN . A |
---|
169 | | - | REFRESHER CLASS MUST BE TAUGHT BY A VERIFIED INSTRUCTOR AND MUST |
---|
170 | | - | INCLUDE INSTRUCTION ON CHANGES TO FEDERAL AND STATE LAWS RELATED |
---|
171 | | - | TO FIREARMS ENACTED WITHIN FIVE YEARS BEFORE THE REFRESHER CLASS |
---|
172 | | - | ; |
---|
173 | | - | A LIVE-FIRE SHOOTING EXERCISE CONDUCTED ON A RANGE , WHICH REQUIRES |
---|
174 | | - | DISCHARGING AT LEAST FIFTY ROUNDS OF AMMUNITION |
---|
175 | | - | ; AND A WRITTEN |
---|
176 | | - | CONCEALED HANDGUN COMP ETENCY EXAM THAT TESTS A STUDENT |
---|
177 | | - | 'S |
---|
178 | | - | KNOWLEDGE OF THE SUBJECTS DESCRIBED IN SUBSECTIONS |
---|
179 | | - | (3)(a) TO (3)(f) |
---|
180 | | - | OF THIS SECTION. |
---|
181 | | - | (b) A |
---|
182 | | - | REFRESHER CLASS MUST BE HELD IN PERSON WITH THE |
---|
183 | | - | INSTRUCTOR OF THE CLASS AT THE SAME LOCATION AS THE STUDENTS |
---|
184 | | - | , AND |
---|
185 | | - | NO PART OF THE CLASS MAY BE CONDUCTED VIA THE INTERNET |
---|
186 | | - | . A |
---|
187 | | - | REFRESHER CLASS MUST INCLUDE AT LEAST TWO HOURS OF INSTRUCTION , |
---|
188 | | - | INCLUDING THE LIVE-FIRE EXERCISE AND THE WRITTEN EXAM . IN ORDER TO |
---|
189 | | - | COMPLETE A REFRESHER CLASS |
---|
190 | | - | , A STUDENT MUST ACHIEVE A MINIMUM |
---|
191 | | - | SEVENTY PERCENT ACCURACY SCORE |
---|
192 | | - | , AS DETERMINED BY THE INSTRUCTOR, |
---|
193 | | - | IN THE LIVE-FIRE SHOOTING EXERCISE AND A PASSING SCORE OF AT LEAST |
---|
194 | | - | EIGHTY PERCENT ON THE WRITTEN EXAM |
---|
195 | | - | . THE EXAM MUST BE |
---|
196 | | - | ADMINISTERED AS AN OPEN BOOK EXAM |
---|
197 | | - | . |
---|
198 | | - | (c) A |
---|
199 | | - | TRAINING CERTIFICATE ISSUED FOR THE COMPLETION OF A |
---|
200 | | - | REFRESHER CLASS IS VALID FOR RENEWAL OF A PERMIT TO CARRY A |
---|
201 | | - | CONCEALED HANDGUN PURSUANT TO SECTION |
---|
202 | | - | 18-12-211, BUT IS NOT VALID |
---|
203 | | - | FOR AN INITIAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED |
---|
204 | | - | HANDGUN PURSUANT TO SECTION |
---|
205 | | - | 18-12-203 (1)(h)(VI). |
---|
206 | | - | (5) A |
---|
207 | | - | VERIFIED INSTRUCTOR SHALL PROVIDE A TRAINING |
---|
208 | | - | CERTIFICATE THAT INCLUDES THE PRINTED NAME AND ORIGINAL SIGNATURE |
---|
209 | | - | OF THE CLASS INSTRUCTOR TO ANY STUDENT WHO COMPLETES A CONCEALED |
---|
210 | | - | HANDGUN TRAINING CLASS OR A REFRESHER CLASS SO THAT THE STUDENT |
---|
211 | | - | MAY SUBMIT THE CERTIFICATE TO A SHERIFF AS PART OF AN INITIAL |
---|
212 | | - | APPLICATION FOR |
---|
213 | | - | , OR AN APPLICATION FOR RENEWAL OF , A PERMIT TO |
---|
214 | | - | CARRY A CONCEALED HANDGUN |
---|
215 | | - | . THE TRAINING CERTIFICATE MUST CLEARLY |
---|
216 | | - | INDICATE WHETHER THE STUDENT COMPLETED A CONCEALED HANDGUN |
---|
217 | | - | TRAINING CLASS OR A REFRESHER CLASS |
---|
218 | | - | . |
---|
219 | | - | (6) A |
---|
220 | | - | CONCEALED HANDGUN TRAINING CLASS AND A REFRESHER |
---|
221 | | - | CLASS IS SUBJECT TO THE REQUIREMENTS OF THE FEDERAL |
---|
222 | | - | "AMERICANS |
---|
223 | | - | WITH |
---|
224 | | - | DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ. |
---|
225 | | - | PAGE 5-HOUSE BILL 24-1174 SECTION 3. In Colorado Revised Statutes, add 18-12-202.7 as |
---|
226 | | - | follows: |
---|
227 | | - | 18-12-202.7. Concealed handgun training class - instructor |
---|
228 | | - | verification. (1) E |
---|
229 | | - | ACH SHERIFF SHALL VERIFY AS A FIREARMS INSTRUCTOR |
---|
230 | | - | A PERSON WHOSE PRINCIPAL PLACE TO CONDUCT FIREARMS TRAINING IS IN |
---|
231 | | - | THE SHERIFF |
---|
232 | | - | 'S COUNTY AND WHO: |
---|
233 | | - | (a) S |
---|
234 | | - | ATISFIES THE REQUIREMENTS FOR VERIFICATION DESCRIBED IN |
---|
235 | | - | THIS SECTION |
---|
236 | | - | ; AND |
---|
237 | | - | (b) PAYS ANY FEE REQUIRED PURSUANT TO SUBSECTION (5) OF THIS |
---|
238 | | - | SECTION |
---|
239 | | - | . |
---|
240 | | - | (2) T |
---|
241 | | - | O BECOME A VERIFIED INSTRUCTOR, AN APPLICANT MUST: |
---|
242 | | - | (a) H |
---|
243 | | - | OLD A VALID PERMIT TO CARRY A CONCEALED HANDGUN ISSUED |
---|
244 | | - | PURSUANT THIS PART |
---|
245 | | - | 2 THAT IS NOT A TEMPORARY EMERGENCY PERMIT |
---|
246 | | - | ISSUED PURSUANT TO SECTION |
---|
247 | | - | 18-12-209; AND |
---|
248 | | - | (b) BE CERTIFIED AS A FIREARMS INSTRUCTOR BY ONE OF THE |
---|
249 | | - | FOLLOWING ENTITIES THAT HAS INSTRUCTORS CERTIFIED BY A NATIONALLY |
---|
250 | | - | RECOGNIZED ORGANIZATION THAT CUSTOMARILY OFFERS FIREARMS |
---|
251 | | - | TRAINING |
---|
252 | | - | : |
---|
253 | | - | (I) A |
---|
254 | | - | FEDERAL, STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT |
---|
255 | | - | AGENCY |
---|
256 | | - | ; |
---|
257 | | - | (II) A |
---|
258 | | - | COLLEGE OR UNIVERSITY; |
---|
259 | | - | (III) A |
---|
260 | | - | NATIONALLY RECOGNIZED OR GANIZATION THAT |
---|
261 | | - | CUSTOMARILY OFFERS FIREARMS TRAINING |
---|
262 | | - | ; OR |
---|
263 | | - | (IV) A FIREARMS TRAINING SCHOOL. |
---|
264 | | - | (3) (a) A |
---|
265 | | - | N INSTRUCTOR VERIFICATION ISSUED PURSUANT TO THIS |
---|
266 | | - | SECTION IS VALID FOR TEN YEARS AND MAY BE RENEWED AT ANY TIME PRIOR |
---|
267 | | - | TO EXPIRATION |
---|
268 | | - | . |
---|
269 | | - | (b) A |
---|
270 | | - | SHERIFF SHALL ISSUE EVIDENCE OF VERIFICATION TO A |
---|
271 | | - | PAGE 6-HOUSE BILL 24-1174 VERIFIED INSTRUCTOR. THE EVIDENCE OF VERIFICATION MUST INCLUDE THE |
---|
272 | | - | DATE OF EXPIRATION OF THE VERIFICATION |
---|
273 | | - | . |
---|
274 | | - | (c) E |
---|
275 | | - | ACH SHERIFF SHALL MAINTAIN A RECORD OF FIREARMS |
---|
276 | | - | INSTRUCTORS VERIFIED BY THE SHERIFF AND SHALL POST A LIST OF VERIFIED |
---|
277 | | - | INSTRUCTORS ON THE SHERIFF |
---|
278 | | - | 'S WEBSITE. THE LIST MUST INCLUDE THE |
---|
279 | | - | EXPIRATION DATE OF AN INSTRUCTOR |
---|
280 | | - | 'S VERIFICATION. |
---|
281 | | - | (4) (a) A |
---|
282 | | - | SHERIFF SHALL REVOKE A VERIFICATION ISSUED PURSUANT |
---|
283 | | - | TO THIS SECTION IF THE VERIFIED INSTRUCTOR CEASES TO MEET THE |
---|
284 | | - | REQUIREMENTS FOR VERIFICATION |
---|
285 | | - | . |
---|
286 | | - | (b) A |
---|
287 | | - | SHERIFF MAY REVOKE OR SUSPEND A VERIFICATION ISSUED |
---|
288 | | - | PURSUANT TO THIS SECTION IF THE VERIFIED INSTRUCTOR PROVIDES |
---|
289 | | - | INSTRUCTION IN A CONCEALED HANDGUN TRAINING CLASS OR REFRESHER |
---|
290 | | - | CLASS THAT FAILS TO MEET THE REQUIREMENTS FOR THE CLASS PURSUANT |
---|
291 | | - | TO THIS PART |
---|
292 | | - | 2 AND THAT RESULTS IN THE ISSUANCE OF A TRAINING |
---|
293 | | - | CERTIFICATE |
---|
294 | | - | . A PERSON WHO HAS HAD A VERIFICATION SUSPENDED |
---|
295 | | - | PURSUANT TO THIS SUBSECTION |
---|
296 | | - | (4)(b) MAY APPLY FOR REINSTATEMENT NO |
---|
297 | | - | EARLIER THAN THIRTY DAYS FOLLOWING SUSPENSION |
---|
298 | | - | . |
---|
299 | | - | (c) I |
---|
300 | | - | F A SHERIFF DENIES A PERSON'S APPLICATION FOR VERIFICATION |
---|
301 | | - | AS A FIREARMS INSTRUCTOR OR SUSPENDS OR REVOKES A PERSON |
---|
302 | | - | 'S |
---|
303 | | - | FIREARMS INSTRUCTOR VERIFICATION |
---|
304 | | - | , THE SHERIFF SHALL NOTIFY THE |
---|
305 | | - | PERSON IN WRITING |
---|
306 | | - | . THE NOTICE MUST STATE THE GROUNDS FOR DENIAL , |
---|
307 | | - | SUSPENSION, OR REVOCATION AND INFORM THE PERSON OF THE RIGHT TO |
---|
308 | | - | SEEK JUDICIAL REVIEW PURSUANT TO SECTION |
---|
309 | | - | 18-12-207. |
---|
310 | | - | (5) A |
---|
311 | | - | SHERIFF MAY ESTABLISH AND IMPOSE A FEE TO COVER THE |
---|
312 | | - | ACTUAL DIRECT AND INDIRECT COSTS OF PROCESSING APPLICATIONS AND |
---|
313 | | - | ISSUING AND RENEWING VERIFICATIONS PURSUANT TO THIS SECTION |
---|
314 | | - | . |
---|
315 | | - | SECTION 4. In Colorado Revised Statutes, 18-12-203, amend |
---|
316 | | - | (1)(h)(I) and (1)(h)(VI); and add (1)(c.5) as follows: |
---|
317 | | - | 18-12-203. Criteria for obtaining a permit. (1) Beginning May |
---|
318 | | - | 17, 2003, except as set forth in this section, a sheriff shall issue a permit to |
---|
319 | | - | carry a concealed handgun to an applicant who: |
---|
320 | | - | (c.5) H |
---|
321 | | - | AS NOT BEEN CONVICTED OF ANY OF THE OFFENSES |
---|
322 | | - | PAGE 7-HOUSE BILL 24-1174 DESCRIBED IN SECTION 24-33.5-424 (3)(b.3) COMMITTED ON OR AFTER THE |
---|
323 | | - | EFFECTIVE DATE OF THIS SUBSECTION |
---|
324 | | - | (1)(c.5), IF THE OFFENSE IS CLASSIFIED |
---|
325 | | - | AS A MISDEMEANOR |
---|
326 | | - | , AND THE APPLICANT HAS NOT BEEN CONVICTED IN |
---|
327 | | - | ANOTHER STATE OR JURISDICTION |
---|
328 | | - | , INCLUDING A MILITARY OR FEDERAL |
---|
329 | | - | JURISDICTION |
---|
330 | | - | , OF AN OFFENSE THAT, IF COMMITTED IN COLORADO, WOULD |
---|
331 | | - | CONSTITUTE ANY OF THE OFFENSES DESCRIBED IN SECTION |
---|
332 | | - | 24-33.5-424 |
---|
333 | | - | (3)(b.3) |
---|
334 | | - | CLASSIFIED AS A MISDEMEANOR OFFENSE, WITHIN FIVE YEARS PRIOR |
---|
335 | | - | TO FILING THE PERMIT APPLICATION |
---|
336 | | - | ; |
---|
337 | | - | (h) Demonstrates competence with a handgun by submitting: |
---|
338 | | - | (I) Evidence of experience with a firearm through participation in |
---|
339 | | - | organized shooting competitions, or |
---|
340 | | - | current military service, OR CURRENT |
---|
341 | | - | CERTIFICATION AS A PEACE OFFICER PURSUANT TO ARTICLE |
---|
342 | | - | 2.5 OF TITLE 16; |
---|
343 | | - | (VI) A training certificate from a |
---|
344 | | - | CONCEALED handgun training class |
---|
345 | | - | obtained within the ten years |
---|
346 | | - | ONE YEAR preceding submittal of the |
---|
347 | | - | application. The applicant shall submit the original training certificate or a |
---|
348 | | - | photocopy thereof that includes the PRINTED NAME AND original signature |
---|
349 | | - | of the class VERIFIED instructor. To the extent permitted by section |
---|
350 | | - | 18-12-202 (5) SECTION 18-12-202.5, in obtaining a training certificate from |
---|
351 | | - | a |
---|
352 | | - | CONCEALED handgun training class, the applicant shall have |
---|
353 | | - | HAS |
---|
354 | | - | discretion in selecting which CONCEALED handgun training class to |
---|
355 | | - | complete. |
---|
356 | | - | SECTION 5. In Colorado Revised Statutes, 18-12-207, amend (3); |
---|
357 | | - | and add (4) as follows: |
---|
358 | | - | 18-12-207. Judicial review - permit denial - permit suspension |
---|
359 | | - | - permit revocation - denial, suspension, or revocation of instructor |
---|
360 | | - | verification. (3) Notwithstanding any other provision of law to the |
---|
361 | | - | contrary, at a judicial review sought pursuant to |
---|
362 | | - | SUBSECTION (1) OF this |
---|
363 | | - | section, the sheriff shall have the burden of proving by a preponderance of |
---|
364 | | - | the evidence that the applicant or permittee is ineligible to possess a permit |
---|
365 | | - | under the criteria listed in section 18-12-203 (1) or, if the denial, |
---|
366 | | - | suspension, or revocation was based on the sheriff's determination that the |
---|
367 | | - | person would be a danger as provided in section 18-12-203 (2), the sheriff |
---|
368 | | - | shall have the burden of proving the determination by clear and convincing |
---|
369 | | - | evidence. Following completion of the review, the court may award |
---|
370 | | - | attorney fees to the prevailing party. |
---|
371 | | - | PAGE 8-HOUSE BILL 24-1174 (4) (a) IF A SHERIFF DENIES A PERSON 'S APPLICATION FOR |
---|
372 | | - | VERIFICATION AS A FIREARMS INSTRUCTOR OR SUSPENDS OR REVOKES A |
---|
373 | | - | PERSON |
---|
374 | | - | 'S FIREARMS INSTRUCTOR VERIFICATION , THE PERSON MAY SEEK |
---|
375 | | - | JUDICIAL REVIEW OF THE SHERIFF |
---|
376 | | - | 'S DECISION. THE PROCEDURE AND |
---|
377 | | - | TIMELINES DESCRIBED IN SUBSECTION |
---|
378 | | - | (2) OF THIS SECTION APPLY TO |
---|
379 | | - | JUDICIAL REVIEW OF A SHERIFF |
---|
380 | | - | 'S DECISION PURSUANT TO THIS SUBSECTION |
---|
381 | | - | (4). |
---|
382 | | - | (b) N |
---|
383 | | - | OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE |
---|
384 | | - | CONTRARY |
---|
385 | | - | , AT A JUDICIAL REVIEW SOUGHT PURSUANT TO THIS SUBSECTION |
---|
386 | | - | (4), THE SHERIFF HAS THE BURDEN OF PROVING BY A PREPONDERANCE OF THE |
---|
387 | | - | EVIDENCE THAT THE PERSON DOES NOT MEET THE REQUIREMENTS TO BE |
---|
388 | | - | VERIFIED AS A FIREARMS INSTRUCTOR OR SATISFIES THE CRITERIA FOR |
---|
389 | | - | SUSPENSION OR REVOCATION OF A FIREARMS INSTRUCTOR VERIFICATION |
---|
390 | | - | . |
---|
391 | | - | SECTION 6. In Colorado Revised Statutes, 18-12-211, amend |
---|
392 | | - | (1)(a); and add (3) as follows: |
---|
393 | | - | 18-12-211. Renewal of permits. (1) (a) Within one hundred twenty |
---|
394 | | - | days prior to expiration of a permit, the permittee may obtain a renewal |
---|
395 | | - | form from the sheriff of the county or city and county in which the |
---|
396 | | - | permittee resides or from the sheriff of the county or city and county in |
---|
397 | | - | which the permittee maintains a secondary residence or owns or leases real |
---|
398 | | - | property used by the permittee in a business and renew the permit by |
---|
399 | | - | DEMONSTRATING COMPETENCE WITH A HANDGUN , AS DESCRIBED IN |
---|
400 | | - | SUBSECTION |
---|
401 | | - | (3) OF THIS SECTION, AND submitting to the sheriff a completed |
---|
402 | | - | renewal form; a notarized |
---|
403 | | - | AN affidavit stating that the permittee remains |
---|
404 | | - | qualified pursuant to the criteria specified in section 18-12-203 (1)(a) to |
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405 | | - | (1)(g); and the required renewal fee not to exceed fifty dollars, as set by the |
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406 | | - | sheriff pursuant to section 18-12-205 (5). The renewal form must meet the |
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407 | | - | requirements specified in section 18-12-205 (1) for an application. |
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408 | | - | (3) A |
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409 | | - | PERMITTEE SEEKING RENEWAL PURSUANT TO THIS SECTION |
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410 | | - | MAY DEMONSTRATE COMPETENCE WITH A HANDGUN BY SUBMITTING |
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411 | | - | : |
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412 | | - | (a) E |
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413 | | - | VIDENCE OF DEMONSTRATING COMPETENCE WITH FIREARMS |
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414 | | - | THROUGH PARTICIPATION IN ORGANIZED SHOOTING COMPETITIONS |
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415 | | - | , CURRENT |
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416 | | - | MILITARY SERVICE |
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417 | | - | , OR CURRENT CERTIFICATION AS A PEACE OFFICER |
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418 | | - | PURSUANT TO ARTICLE |
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419 | | - | 2.5 OF TITLE 16; |
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420 | | - | PAGE 9-HOUSE BILL 24-1174 (b) EVIDENCE THAT, AT THE TIME THE APPLICATION IS SUBMITTED, |
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421 | | - | THE APPLICANT IS A VERIFIED INSTRUCTOR; |
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422 | | - | (c) P |
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423 | | - | ROOF OF HONORABLE DISCHARGE FROM A BRANCH OF THE |
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424 | | - | UNITED STATES ARMED FORCES THAT REFLECTS PISTOL QUALIFICATIONS |
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425 | | - | OBTAINED WITHIN THE TEN YEARS PRECEDING SUBMITTAL OF THE RENEWAL |
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426 | | - | FORM |
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427 | | - | ; |
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428 | | - | (d) A |
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429 | | - | CERTIFICATE SHOWING RETIREMENT FROM A COLORADO LAW |
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430 | | - | ENFORCEMENT AGENCY THAT REFLECTS PISTOL QUALIFICATIONS OBTAINED |
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431 | | - | WITHIN THE TEN YEARS PRECEDING SUBMITTAL OF THE RENEWAL FORM |
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432 | | - | ; OR |
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433 | | - | (e) A TRAINING CERTIFICATE THAT INCLUDES THE ORIGINAL |
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434 | | - | SIGNATURE OF THE CLASS INSTRUCTOR FROM A CONCEALED HANDGUN |
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435 | | - | TRAINING CLASS OR A REFRESHER CLASS |
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436 | | - | , DESCRIBED IN SECTION |
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437 | | - | 18-12-202.5, OBTAINED WITHIN SIX MONTHS PRIOR TO SUBMITTING A |
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438 | | - | RENEWAL FORM |
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439 | | - | . |
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440 | | - | SECTION 7. In Colorado Revised Statutes, 18-12-215, amend (2) |
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441 | | - | as follows: |
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442 | | - | 18-12-215. Immunity. (2) A law enforcement officer or agency, |
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| 426 | + | 7. In Colorado Revised Statutes, 18-12-215, amend11 |
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| 427 | + | (2) as follows:12 |
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| 428 | + | 18-12-215. Immunity. (2) A law enforcement officer or agency,13 |
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456 | | - | LAIMS TO BE A VERIFIED INSTRUCTOR FOR A FIREARMS SAFETY |
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457 | | - | COURSE THAT SATISFIES THE REQUIREMENTS FOR A CONCEALED HANDGUN |
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458 | | - | TRAINING CLASS DESCRIBED IN SECTION |
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459 | | - | 18-12-202.5, UNLESS THE PERSON |
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460 | | - | IS VERIFIED AS A FIREARMS INSTRUCTOR BY A SHERIFF PURSUANT TO SECTION |
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461 | | - | 18-12-202.7. |
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462 | | - | PAGE 10-HOUSE BILL 24-1174 SECTION 9. Act subject to petition - effective date. Sections 1, |
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463 | | - | 4, 6, and 7 of this act take effect July 1, 2025, and the remainder of this act |
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464 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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465 | | - | ninety-day period after final adjournment of the general assembly; except |
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466 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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467 | | - | of the state constitution against this act or an item, section, or part of this act |
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468 | | - | within such period, then the act, item, section, or part will not take effect |
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469 | | - | unless approved by the people at the general election to be held in |
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470 | | - | PAGE 11-HOUSE BILL 24-1174 November 2024 and, in such case, will take effect on the date of the official |
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471 | | - | declaration of the vote thereon by the governor; except that sections 1, 4, 6, |
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472 | | - | and 7 of this act take effect July 1, 2025. |
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473 | | - | ____________________________ ____________________________ |
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474 | | - | Julie McCluskie Steve Fenberg |
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475 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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476 | | - | OF REPRESENTATIVES THE SENATE |
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477 | | - | ____________________________ ____________________________ |
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478 | | - | Robin Jones Cindi L. Markwell |
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479 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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480 | | - | OF REPRESENTATIVES THE SENATE |
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481 | | - | APPROVED________________________________________ |
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482 | | - | (Date and Time) |
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483 | | - | _________________________________________ |
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484 | | - | Jared S. Polis |
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485 | | - | GOVERNOR OF THE STATE OF COLORADO |
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486 | | - | PAGE 12-HOUSE BILL 24-1174 |
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| 442 | + | LAIMS TO BE A VERIFIED INSTRUCTOR FOR A FIREARMS SAFETY23 |
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| 443 | + | COURSE THAT SATISFIES THE REQUIREMENTS FOR A CONCEALED HANDGUN24 |
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| 444 | + | TRAINING CLASS DESCRIBED IN SECTION 18-12-202.5, UNLESS THE PERSON25 |
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| 445 | + | IS VERIFIED AS A FIREARMS INSTRUCTOR BY |
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| 446 | + | A SHERIFF PURSUANT TO26 |
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| 447 | + | SECTION 18-12-202.7.27 |
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| 448 | + | 1174 |
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| 449 | + | -13- SECTION 9. Act subject to petition - effective date. Sections1 |
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| 450 | + | 1, 4, 6, and 7 of this act take effect July 1, 2025, and the remainder of this2 |
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| 451 | + | act takes effect at 12:01 a.m. on the day following the expiration of the3 |
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| 452 | + | ninety-day period after final adjournment of the general assembly; except4 |
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| 453 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V5 |
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| 454 | + | of the state constitution against this act or an item, section, or part of this6 |
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| 455 | + | act within such period, then the act, item, section, or part will not take7 |
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| 456 | + | effect unless approved by the people at the general election to be held in8 |
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| 457 | + | November 2024 and, in such case, will take effect on the date of the9 |
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| 458 | + | official declaration of the vote thereon by the governor; except that10 |
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| 459 | + | sections 1, 4, 6, and 7 of this act take effect July 1, 2025.11 |
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| 460 | + | 1174 |
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| 461 | + | -14- |
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