It's all over — except for the fighting over amendments.
On Tuesday, the Senate wrapped up its final vote on House Bill 1219, which seeks to establish a three-day waiting period between purchase of a firearm and delivery.
It's the final of four gun bills that tied up the House for four days and the Senate for the last two days, while Republicans attempted numerous amendments and filibusters in an effort to keep the bills from passing.
The bill would give those contemplating suicide or homicide a three-day cooling off-period, according to sponsors. Opponents claim it will prevent people, such as victims of domestic violence, from obtaining firearms to defend themselves.
Two Democrats voted "no" with the Senate Republicans: Sens. Nick Hinrichsen of Pueblo and Kevin Priola of Henderson.
The measure will have to go back to the House for concurrence on the one amendment added to the measure during Monday's debate. That amendment, proposed by Sen. Jim Smallwood, R-Parker, allows for someone about to be deployed for active-duty to sell a firearm to a family member.
Sen. Tom Sullivan, D-Centennial, painted a grim picture of another day following a mass shooting at a school, this time in Nashville, Tennessee, where three children and three adults were killed, allegedly by a former student.
"I see the sadness and sorrow in your eyes when these things come up," he said to his fellow Democrats.
To Republicans — Sullivan called their opposition "fear" of what could happen, "fear that turned into anger and hate. I see it and hear it each and every day."
There weren't rampant mental health or drug problems long ago, said Sen. Rod Pelton, R-Cheyenne Wells, which he said contributes to people's behavior.
"This bill is just another band aid" that doesn't address the root cause, he said, also lamenting the lack of fathers in families where, he said, children aren't being taught right from wrong.
"This bill is legislating behavior and we know how that turns out," he said.
All four bills were amended in their final stays in each chamber, meaning they'll all go back to the original chamber for concurrence on amendments.
The four bills are:
Senate Bill 170 adds district attorneys; teachers, school counselors and college faculty; and, health care providers, including mental health professionals, to the group of people who can apply for an extreme risk protection order. Its most significant amendments requires parties in a petition to keep confidential health care information, when it is used to seek a petition, and, to require petitions not filed by family or household member to be filed in the county where the person deemed at risk resides.
Senate Bill 168 allows victims of gun violence to sue firearms manufacturers or dealers in civil court when a standard code of conduct outlined in the bill is violated. It was amended in the House to name it after Jessica Redfield Ghawi, one of the victims in the Aurora Theater shooting in 2012. Her parents, Lonnie and Sandy Phillips, had sued an online ammunition dealer for selling the shooter thousands of rounds of ammunition without a background check, but the lawsuit was thrown out because Colorado's law does not allow for lawsuits against those in the firearms industry. The Colorado law also allowed the dealer to recoup legal fees of more than $200,000, forcing the Phillips into bankruptcy.
Senate Bill 169 raises the minimum age for purchasing a firearm from 18 to 21. The House also heavily amended to allow those under 21 to possess, but not purchase, firearms.
Petition clauses were also added to the latter two bills, as well as to the three-day waiting period bill, which would allow citizens to seek petitions for ballot measures to challenge the bills. A petition clause allows the bill to become law 90 days after the adjournment of the General Assembly — unless a ballot measure is sought. Should that happen, the bill would head to the ballot for the 2024 general election.
That isn't the end of debates over guns. Two other measures are still in the wings:
House Bill 1165 allows counties to prohibit the discharge of a firearm within neighborhoods where there are at least 35 dwellings per square mile. That's about 91 people, based on federal estimates. The bill cleared the House on February 16 and has languished in the Senate Local Government and Housing Committee since then, an indication that it may have trouble clearing that committee. The expected swing vote in the 4-3 Democratic-controlled committee is Sen. Dylan Roberts, D-Avon.
House Bill 1230 bans so-called "assault weapons" in Colorado. Gov. Jared Polis has indicated he does not support the measure, and the bill was not part of the Democratic package of bills on gun violence prevention announced on Feb. 23. The initial hearing for HB 1230 was supposed to take place this week, but it was postponed.
When asked her view on the bill at a Tuesday media availability, House Majority Leader Monica Duran, D-Wheat Ridge, said she had no opinion because she hadn't read the bill. Earlier drafts have been circulating at the Capitol and reported in the media since before the session started.
Senate Bill 22 prohibits those convicted of aggravated motor vehicle theft from possessing firearms. It is the only gun bill so far to win Republican support. It passed the Senate on a 29-5 vote on March 15 and is awaiting a hearing in the House Judiciary Committee.
At least one more bill on guns is expected in the 2023 session — legislation to ban so-called "ghost guns," which can be assembled from parts and are untraceable since the parts lack serial numbers.
The suspect who shot two East High School administrators on March 15 was already on probation for possession of a ghost rifle, and a ghost gun was reportedly found near his body.
Sen. Rhonda Fields, D-Aurora, is expected to sponsor the legislation.
