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(D) J. Hickenlooper*
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(D) Joe Neguse
(D) Phil Weiser
(D) Jena Griswold
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Att. General
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(D) M. Dougherty
(D) Alexis King
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(D) George Stern
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(D) Brianna Titone
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(D) Jerry DiTullio
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CO-01 (Denver)
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(R) Jeff Crank*
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(D) Jason Crow*
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(R) Gabe Evans*
(D) Yadira Caraveo
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State Senate Majority
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DEMOCRATS
REPUBLICANS
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DEMOCRATS
REPUBLICANS
95%
5%
December 07, 2017 10:26 AM UTC
11 Comments
This story needs a clarification
If a person lives in a state with no requirements for concealed carry and do not have a permit they would not be allowed to carry in another state.
Example: Wyoming does not require a concealed weapons permit to a resident who is at least 21 years old and under state and federal law is legally allowed to own or possess a handgun. Wyoming does issue concealed weapons permits to residents which are valid in other states which have reciprocity with Wyoming.
Colorado currently has reciprocity agreements with 33 other states, Wyoming being one of them. But a Wyoming resident would have to have a permit from Wyoming to carry in Colorado even though they would not need a permit if they carried solely within Wyoming.
That may be the status quo, but that's not what Everytown says about this bill:
https://everytown.org/ccr/
Also, are there additional standards required by Wyoming for their permit now or do they give them to anyone who can legally own a gun in Wyoming? That's the point.
Sorry Allyncooper,
If you read the language of the bill H.R. 38, you will see that it allows those people from states that are "permitless" to also carry into any other state.
Generally, the standards for permitless CCW, which the pro-gun rights crowd has tried to pass (and been blocked) in Colorado for 8 years, are that each person decides if they are law-abiding (i.e., not prohibited to possess a handgun).
Wyoming is permitless in-state and "shall issue" for a permit residents use in other states that have reciprocity. So there's no real barrier.
https://www.nraila.org/gun-laws/state-gun-laws/wyoming/
https://everytownresearch.org/concealed-carry-reciprocity-h-r-38-overriding-state-public-safety-laws/
And you are correct, HR 38 will force states to recognize the "rights" of residents of no-permit states.
allyncooper already edited "correction" to "clarification" in his comment, but it looks like he needs a correction of his own.
Background checks will never stop a criminal who wants to get their hands on a gun. Criminals don't follow the law no matter how much you "improve" the laws!
Mod,
So, by that logic….everyone everywhere should be able to get a gun. Felons, domestic violence offenders, toddlers, ANYONE.
If this country ever becomes that way…it’s time to leave.
Sheesh!
Not only that, but……
There are laws which make it a crime to commit first degree murder (e.g., C.R.S. 18-3-102) yet people still do it.
Using Moderatus' logic (an oxymoron, if ever), perhaps we should repeals those since they do not stop anyway….
The Lori Saines of this world do pose a challenge . . .
doremi and JeffcoBlue:
No correction is needed from my original post. Your contention that the bill allows non-permit holders to carry anywhere may hold water with certain special interest groups with an obvious agenda, but in fact has no basis in law, i.e. the proposed legislation. Here is the exact wording of HR 38.
The pertinent elements here are:
1. The person is carrying a valid photo ID
2. AND the person is carrying a valid license or permit to carry
3. AND that State permits the person to carry in that person's State.
Words have meaning in law. The legal definition of the word AND is inclusive, as "in addition to". The word AND in the proposed statue unambiguously requires that a person must have a valid permit from a State. All these elements are inclusive and must be present.
As I read the statue as worded, if you do not have a valid permit from any State, you cannot legally carry in any state, with the exception of your State of residence if they do not require a permit to carry within the boundaries of that State. I am quite confident any Federal District Court would rule that all elements as stated have to be satisfied for the statue to have effect.
Obviously there are groups like this Everytown (never heard of them before) quoted by Jeffco Blue who have their own agenda and promote misinformation to advance their agenda.
The statement is false. To own or possess a handgun in any state you must have passed a federally mandated background check.
If HR 38 "forced" states to allow carrying by anyone without a permit I would oppose it. But clearly it does not. Its also clear this misinformation is put out there, and accepted by, those who have parochial agendas.
That being said, I would prefer amending the bill to include minimum standards for state issuance of permits that would require a background check at time of application and a firearm safety course in order for those qualified permits to be valid in other states.