Monday, January 28, 2013

Colorado Has One Of The Lowest Gun Violence Rates In The Nation

Colorado Has One Of The Lowest Gun Violence Rates In The Nation

Colorado Has One Of The Lowest Gun Violence Rates In The Nation

Despite being the home of some of the nation’s most high profile shootings in the last 15 years (Aurora and Columbine), Colorado has some of the lowest rates of murder by firearms, as well as relatively loose gun laws, when compared to other states.
In 2011, there were 1.51 firearm murders per 100,000 people, placing Colorado in the top 8 states with the lowest rates of firearm murder, according to a recent FBI report on firearm violence in the 50 states. Colorado also ranks 28th out of 50 in number of robberies involving a firearm.  When it come to assault with firearms, Colorado ranks at about the national average, with 45.72 firearm related assaults per 100,000, compared to a national average of 43.77.
Colorado has one of the most conservative implementations of gun regulations in the country and, despite calls for more stringent gun control laws, it also has low rates of murder with a firearm and low to average rates of other firearm related crime .  The Colorado State Patrol helpfully summarizes some of the laws immediately related to individual use and carry of firearms.
Statutes cited by the Colorado State Patrol include the legality of open carry, the transportation of a weapon, and an exemption for current and former law officers. Laws pertaining to open carry of a weapon state that it is legal to openly carry a “firearm in a vehicle, loaded or unloaded”, if it is used to defend the property of the owner or that of a third party. While open carry is legal, both on a person and in a vehicle, the law also states that you may not conceal the weapon “on or about your person while transporting it into your home, business, hotel room, etc.” Additionally, Colorado law states explicitly that local jurisdictions “may not enact laws that restrict a person’s ability to travel with a weapon.”
Law Center to Prevent Gun Violence, an anti-gun advocacy group, recently listed and reviewed all of Colorado’s specific state statutes concerning firearms, grading the state with a “D” in 2012 because of its lose approach to gun control. The group has also partnered with Mayors Against Illegal Guns (MAIG) and advertises for MAIG’s “Demand A Plan” campaign on the front page of its website. MAIG’s “Demand A Plan” campaign was a response to the recent Sandy Hook shooting and was exposed by Media Trackers affiliates in Ohio as deceptive and missing key facts.
According to the Law Center to Prevent Gun Violence’s legal page for Colorado:
  • No required waiting period for handgun or rifle purchase
  • Required background checks for all licensed firearm purchases
  • No background check for private sales
  • Minimum age for firearm possession is 18
  • Minimum age for conceal carry permit is 21
  • No required license or registration for firearm purchases
  • State or local governments may confiscate firearms in declared emergencies
  • It is not illegal to carry a firearm in establishments that serve alcohol
  • It is not illegal to concealed carry a firearm on Univ. of Colorado Campuses
  • Statewide or local databases of firearms and owners is prohibited by state law
  • Colorado’s Gun Free Zones:
  1. Public Schools. No one may carry a concealed or open firearm in a public school unless that individual is a contracted security guard for the school. Firearms may be kept in locked vehicles on school grounds however
  2. Government Buildings. Local governments may prohibit the carrying of firearms in government buildings under their jursidiction.
  3. Secured Buildings. Concealed carry permits do not authorize a permit holder to bring a concealed firearm into a building where: (a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building; (b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and (c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building. (18-12-214)
  • Limited Assault Weapons Ban: Denver City & County.
It is unlawful to sell or possess an “assault weapon” in the city and county of Denver, according to the following definition of “assault weapon” put forth in city ordinance Sec. 38-130 which includes all firearms with any of the following characteristics:
  1. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.
  2. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.
  3. Reserved.
  4. Any firearm which has been modified to be operable as an assault weapon as defined herein.
  5. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
Colorado does not require a permit for the purchase of any shotgun, rifle or handgun, and individuals may openly carry the firearm anywhere it’s not prohibited by local regulations. State law actually prohibits firearm registration, but a permit is required for the concealed carry of a handgun. Background checks are required for all gun purchases from a licensed dealer or gun show vendor. Like most states, in Colorado, it’s is unlawful for any person convicted of a felony or conspiracy or attempt to commit a felony to possess a firearm.
Finally, in an interesting nod to local communities, the sale and repair of firearms out of an individual’s home is regulated on a municipal or county basis.  Local jurisdictions may determine for themselves what sort of sale, repair, gunsmithing or other firearm related activities a person may engage in from their own home. Individuals applying to sell or make guns from their home must also pass an ATF inspection and approval process.
Colorado state-level law must also comply with basic federal-level firearms regulation as outlined by the Justice Department, including the restriction of firearms sales to non-residents, who cannot purchase a firearm from any other state without a full background check – be it a public or a private sale.
In recent months, several county sheriffs across the state have issued public statements informing citizens of their intent to uphold the second Amendment and the right of Coloradans to keep and bear arms. El Paso County Sheriff Terry Maketa posted an open letter on the front page of the Sheriff’s department website explaining why he believes gun control is a superficial approach to a complex problem. Also in El Paso county, the Board of Commissioners passed an official measure last week stating opposition to President Obama’s restrictive firearms proposals. Sheriff Justin Smith of Larimer county vowed that he “will not enforce” possible future gun control measures that he deems unconstitutional, like those suggested by Obama.

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