Ghost guns could become illegal in Colorado under legislation introduced on Wednesday in the General Assembly.
The use of ghost guns — nonserialized firearms that can be assembled from kits or printed by a 3D printer — has exploded in the last several years. The federal Bureau of Alcohol, Tobacco and Firearms reported in 2022 that 20,000 suspected ghost guns were recovered by law enforcement in criminal investigation in 2021.
In Colorado, two recent mass shootings were tied to individuals who used ghost guns. A 17-year-old at East High School last month reportedly used a ghost gun to shoot two school administrators, and later took his own life with the weapon. The shooter at Club Q last November, where five people died, also reportedly used a ghost gun.
The bill proposed by Sens. Chris Hansen, D-Denver, and Rhonda Fields, D-Aurora, would ban ghost guns in Colorado, and for those who already possess ghost guns, the bill provides a compliance period through the end of 2023 to get the firearm serialized, which Hansen said could be done by licensed firearm dealers.
That would also likely require the owner to go through a background check and any other normal processes tied to purchase and possession of firearms, he said in a Wednesday morning news conference.
While the bill would ban the manufacture and possession of ghost guns, it does not ban the purchase of kits or any other components used in 3D printing to assemble a ghost gun, Hansen acknowledged.
The Biden administration is attempting to handle the issue of kits through a 2022 executive order and Department of Justice rule that went into effect last August. The rule bans the manufacturing of most ghost guns, including un-serialized kits available online or at a store without a background check. The DOJ rule said the kits qualify as firearms under federal law, and that manufacturers must become licensed and include serial numbers on the kits' frame or receiver. Commercial sellers also must become federally licensed and run background checks prior to a kit sale.
FedEx announced shortly before the rule went into effect that they would no longer ship un-serialized frames or receivers (a firearm's housing) or other items that could be assembled into a frame or receiver, citing the rule.
The federal rule does not address 3D printers, which has led to concerns the new rules could drive the manufacturing of more ghost guns.
Delaware lawmakers passed a law in 2021 to criminalize the sale, transport or possession of an unfinished firearm frame or receiver without a serial number. The law made it a crime to manufacture or distribute a firearm made with a 3D printer, or to distribute instructions on how to manufacture firearm components with a 3D printer, according to the Associated Press. A portion of that law, not including the part that deals with 3D printers, is under a preliminary injunction from a federal court.
Hansen claimed the bill's support outside the state Capitol is bipartisan, and cited Republican mayors Mike Coffman of Aurora and John Suthers of Colorado Springs, Democratic Denver Mayor Michael Hancock, as well as Republican and Democratic district attorneys, including Republican John Kellner of the 18th Judicial District.
Coffman, Hancock and Suthers penned a letter published in the Colorado Springs Gazette in January, calling for state laws to deter the use of these untraceable weapons, in part because people who possess those weapons are able to circumvent background checks, or could obtain them even when under a restraining order or red flag protection order.
Gov. Jared Polis, during his January state of the state address, called for a ban on ghost guns, citing support for the concept from Suthers, Coffman and Hancock.
Through a spokesperson Suthers, who saw a draft of the bill on Wednesday, told Colorado Politics he supports it.
Coffman told Colorado Politics that he, Suthers and Hancock "came to an agreement, prior to the start of the legislative session, on a list of proposals that we felt would help reduce the crime rate in our cities and in our state and deterring the use of ghost guns was one those proposals that we put forward.” He did not respond when asked if he had seen a draft of the bill or whether he supports the measure.
Through a spokesman, Kellner said he supports the bill, and told Colorado Politics he has a great deal of concern around "personally manufactured firearms, often referred to as ghost guns."
"These weapons have no serial number and no way to trace their origin," Kellner said. "I am alarmed to see an increase of juveniles and felons easily gaining access to ghost guns and skirting background check requirements."
He added: "My ideas are a standalone charge (we already have a charge for possessing a defaced firearm), a sentence enhancer when these guns are used in the commission of other crimes, expanding our ability to investigate online retailers, and clarifying Colorado Revised Statute to require complete firearms kits to include serialized pieces and a background check.”
The bill becomes the latest in a series of major gun bills in the 2023 session. Four measures are now headed to Gov. Jared Polis for signing, including a bill to expand the list of people who can seek extreme risk protection orders; a ban on the sale of firearms to those under the age of 21; a bill requiring a three-day waiting period tied to purchase of a firearm; and, a bill allowing victims of gun violence to sue gun manufacturers and dealers in civil court for damages tied to gun violence.
The last of those four won final approval from the House Tuesday. It was heavily amended by a conference committee to strike in its entirety the bill's establishment of a statewide "standard of responsible conduct" and instead require manufacturers and dealers to adhere to existing Colorado law on unfair and deceptive trade practices outlined in the Colorado Consumer Protection Act.
Three other bills tied to firearms appear to have stalled.
A fifth, a ban on so-called assault weapons, sponsored by Fields and Rep. Elisabeth Epps, D-Denver and which is not favored by the governor, was introduced five weeks ago but has yet to see its first House committee hearing. A sixth, a bill allowing counties to prohibit discharge of firearms in neighborhoods of 35 dwellings or more per square mile, has stalled in the state Senate.
A bill to add aggravated motor vehicle theft to the list of crimes that would bar someone from possessing a firearm passed the Senate on a 29-5 vote on March 15 but has not yet had its first committee hearing in the House, although its House sponsor, Rep. Shannon Bird, D-Westminster, has been busy with the state budget for the past several weeks.
