Date: 03/04/2013

Final
BILL SUMMARY for HB13-1224

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared Amendment L.023 (Attachment G). The
Refer House Bill 13-1224, as amended, to the Commi
Pass Without Objection
PASS



02:01 PM -- House Bill 13-1224

The committee stood in a brief recess.


02:19 PM

The committee came back to order. Testimony from Mr. William Adaska was distributed to the committee (Attachment E). Senator Hodge, sponsor, presented House Bill 13-1224. The bill establishes limitations on large-capacity ammunition magazines, which are defined as those that can accept more than 15 rounds of ammunition or 8 shotgun shells.

13SenJud0304AttachE.pdf13SenJud0304AttachE.pdf

Prohibition of the sales, transfer, or possession of large-capacity magazines. Beginning on July 1, 2013, the following actions are subject to criminal penalties:

sales, transfer, or possession of a large-capacity magazine is a class 2 misdemeanor;
second and future violations of the prohibition of the sale, transfer, or possession of a large-capacity magazine is a class 1 misdemeanor; and
use of a large-capacity magazine in the commission of a felony or crime of violence is a class 6 felony.

The prohibition against the transfer or possession of these magazines does not apply to:

law enforcement personnel;
an employee engaged in his or her official duties;
members of the armed forces;
the state or its political subdivisions;
a firearms retailer for the purposes of sales outside of Colorado;
an out-of-state transferee who is legally allowed to possess the magazine; or
a person who possesses the magazine to transport it to an out-of-state entity on behalf of any of the parties listed above.

Those who maintained continuous possession of the magazine prior to the bill's effective date are allowed to retain ownership, and the prosecution has the burden of proof if a person asserts he or she owns the magazine legally.

Manufacturers. As of July 1, 2013, a magazine manufactured in Colorado must have the serial number and the date of manufacture engraved or cast upon its outer surface. Failure to do so is a class 2 misdemeanor. The Department of Public Safety is authorized to promulgate rules to enforce this provision.

Senator Hodge distributed a chart to the committee (Attachment F). She explained that an amendment on the bill is in the process of being drafted. She explained the amendment.

13SenJud0304AttachF.pdf13SenJud0304AttachF.pdf

02:24 PM

Senator Hodge explained her reasons for sponsoring the bill. She spoke about various mass shootings in which large-capacity ammunition magazines were involved. She responded to questions from Senator King concerning the effects of the federal assault weapons ban. Discussion continued, with Senator Ulibarri weighing in as well.


02:32 PM

Senator Hodge responded to questions from Senator Lundberg concerning prepared Amendment L.023 (Attachment G). Discussion continued between Senator Hodge and Senator Lundberg.

13SenJud0304AttachG.pdf13SenJud0304AttachG.pdf

02:38 PM

Senator King referred to opening comments from Senator Hodge concerning the purpose of large-capacity ammunition magazines. Discussion continued between Senator Lundberg and Senator Hodge.

The following individuals testified regarding the bill:

02:40 PM --
Mr. David Chipman, representing himself, testified in support of the bill. He spoke about his career with the U.S. Bureau of Alcohol, Tobacco, and Firearms. He spoke about the use of large-capacity ammunition magazines. Mr. Chipman responded to questions from Senator King and Senator Lundberg concerning various statistics.

02:51 PM --
Ms. Patricia Maisch, representing herself, testified in support of the bill. She spoke about her experience in Tucson when former U.S. Congresswoman Gabrielle Giffords was shot in 2011. She spoke about other situations in which large-capacity ammunition magazines have been used.

03:00 PM --
Ms. Jane Dougherty, representing herself, testified in support of the bill. She spoke about her sister, who was killed at Sandy Hook Elementary School. Senator Lundberg and Senator King both responded to her remarks. Conversation continued.

03:06 PM --
Ms. Theresa and Mr. Dave Hoover, representing themselves, testified in support of the bill. Ms. Hoover spoke about her son, who was murdered in the July 2012 Aurora theater shooting. Mr. Hoover discussed the effect of gun violence on his life and his family. Ms. Hoover spoke about the importance of the bill.

03:14 PM --
Mr. Tom Mauser, representing Colorado Ceasefire and his son, testified in support of the bill. He explained that his son was killed during the shooting at Columbine High School. He addressed previous comments concerning the effects of the federal ban on assault weapons.

03:18 PM --
Mr. John Buckley, representing himself, testified in support of the bill. He spoke about his experience as a paramedic and as a Special Weapons and Tactics (SWAT) team member. Mr. Buckley responded to questions from Senator King.

03:22 PM --
Golden Police Chief Bill Kilpatrick, representing the Colorado Association of Chiefs of Police, testified in support of the bill. He discussed a decision of the U.S. Supreme Court concerning the Second Amendment. He discussed the benefits of the bill and responded to questions from Senator Lundberg and Senator King.

03:30 PM --
Golden Mayor Marjorie Sloan, representing Mayors Against Illegal Guns, testified in support of the bill.

03:33 PM --
Mr. Don Macalady, representing Hunters Against Gun Violence, testified in support of the bill.

03:36 PM --
Mr. Jesse Ogas, representing himself, testified in support of the bill. He responded to questions from Senator King and Senator Lundberg.

03:43 PM --
Mr. Andy Logan, representing Hunters Against Gun Violence, testified in support of the bill. He responded to questions from Senator Lundberg.

03:49 PM --
Mr. Jack Dais, representing Hunters Against Gun Violence, testified in support of the bill.

03:52 PM --
Dr. Mark Thrun, representing the Colorado Public Health Association, testified in support of the bill. Dr. Thrun responded to questions from Senator King.

03:59 PM --
Mr. Tom Sullivan, representing his son, who was murdered in the Aurora theater shooting, testified in support of the bill.

04:04 PM --
Ms. Patricia Taylor, representing herself, testified in support of the bill. She spoke about her connections to Newtown, Connecticut. She stated her belief that the bill is common sense.

04:06 PM --
Mr. Ron Pierre, representing himself, testified in support of the bill. He discussed the Aurora theater shooting.

04:09 PM --
Mr. David Kopel, representing himself, testified in opposition to the bill. He described large-capacity ammunition magazines. He spoke about the effects of the federal assault weapons ban. He discussed a U.S. Supreme Court decision concerning the Second Amendment.


04:23 PM

Mr. Kopel continued his testimony. Written testimony in support of the bill from Ms. Laura Fronckiewicz was distributed to the committee (Attachment H). Mr. Kopel asked that the motives of those who buy large-capacity ammunition magazines not be impugned.

13SenJud0304AttachH.pdf13SenJud0304AttachH.pdf

04:27 PM

Mr. Kopel responded to questions from Senator King concerning New York City Mayor Michael Bloomberg's interest in this bill.

04:29 PM --
Mr. Evan Todd, representing himself, testified in support of the bill. He explained that he is a survivor of the Columbine High School shooting. He explained his reasons for opposing the bill. Mr. Todd spoke about the weapons used during the Columbine shooting. He responded to questions from Senator Lundberg.

04:34 PM --
Mr. Richard Fitzpatrick, representing Magpul Industries, testified in opposition to the bill. He explained the effects on his company if the bill were to pass. Mr. Fitzpatrick responded to questions from Senator King concerning methods to adapt magazines. Mr. Fitzpatrick held up several examples of magazines produced in Colorado. Conversation continued concerning whether Magpul Industries is being courted by other states. Senator King asked for information concerning the economic contribution of arms and ammunition businesses in Colorado.


04:44 PM

Senator King asked how many magazines there are in the United States. Mr. Fitzpatrick responded to his question, and to further questions from Senator Guzman. He continued to discuss magazine sizes for handguns and rifles with the committee. Senator Guzman asked about the company's budget and who their customer base is.

04:49 PM --
Mr. Libardo Jimenez, representing Magpul Industries, testified in opposition to the bill. He discussed his position as the production manager at Magpul Industries Mr. Jimenez stated that if the bill passes, he will be out of a job. He responded to questions from the committee.

04:54 PM -- Ms. Jessica Johnson, representing Magpul Industries, testified in opposition to the bill. She discussed her position with the company and noted that her husband also works at Magpul. Ms. Johnson stated that she will either have to move with the company or be out of a job. Senator Hodge responded to questions from the committee about the whether Magpul would be prohibited from manufacturing in Colorado.

04:59 PM --
Ms. Tara Heller, representing Magpul Industries, testified in opposition to the bill. She discussed her position in the company. Ms. Heller stated that limiting magazine sizes will not solve the problem of gun violence.

05:02 PM --
Mr. Rich Dorans, representing PTA Plastics, testified in opposition to the bill. He discussed his company's partnership with Magpul Industries. He responded to questions from Senator King about the possible economic impact of the bill.

05:09 PM --
Mr. Michael Shain, representing AIMPRO Tactical, testified in opposition to the bill. He discussed his company and his reasons for moving to Colorado from California. He spoke about how the bill will affect shotgun manufacturing. He then discussed the possible economic impact of the bill on Colorado's hunting economy. Mr. Shain responded to questions from the committee about which types of shotguns would be legal under the bill.

05:23 PM --
Pueblo County Sheriff Kirk Taylor, representing Pueblo County and other sheriffs, testified in opposition to the bill. He was flanked by a number of other sheriffs. He stated that the bill would be unenforceable and does nothing to enhance public safety. He responded to questions from the committee.

05:31 PM --
Mr. Dudley Brown, representing Rocky Mountain Gun Owners, testified in opposition to the bill. He stated that the bill will ban many popular shotguns.

05:34 PM --
Ms. Lily Tang Williams, representing herself, testified in opposition to the bill. She spoke about her experience in Communist China.


05:36 PM

Mr. Brown responded to questions from Senator King and Senator Ulibarri.

05:38 PM --
Mr. Greg Alfred, representing himself and his company, Alfred Manufacturing, testified in opposition to the bill. He discussed the potential economic impact of the bill on his company.


05:43 PM

Senator Lundberg asked Senator Guzman if the remaining witnesses in opposition could raise their hands. A large number of people did. In addition, two letters in opposition to the bill were distributed, one from Mr. Doug Hendrickson, and one from Mr. Matthew Arnold (Attachments I and J, respectively).

13SenJud0304AttachI.pdf13SenJud0304AttachI.pdf 13SenJud0304AttachJ.pdf13SenJud0304AttachJ.pdf

05:44 PM

Senator Hodge provided closing remarks in favor of the bill. She explained prepared Amendment L.023 (Attachment G).
BILL:HB13-1224
TIME: 05:47:40 PM
MOVED:Guzman
MOTION:Adopt prepared Amendment L.023 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Aguilar
King
Lundberg
Ulibarri
Guzman
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:47 PM

Members of the committee explained their positions on the bill.
BILL:HB13-1224
TIME: 05:53:57 PM
MOVED:Guzman
MOTION:Refer House Bill 13-1224, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
Yes
King
No
Lundberg
No
Ulibarri
Yes
Guzman
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS