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Colorado: House Considering “Deny-On-Arrest” Legislation

Friday, April 9, 2010

The Colorado House of Representatives is currently considering legislation that would that would solidify an unconstitutional provision in the state’s background check system. 

House Bill 1391, sponsored by State Representative Joe Rice (D-38), would extend a provision in state law that was due to sunset in July 2010.  The provision the bill extends would deny gun purchases to those with an arrest on their record, even if they were never convicted.  This deny-on-arrest provision would remove a constitutional right to own a firearm based on an arrest (an accusation), NOT a conviction.  It directly conflicts with the fundamental American doctrine of "innocent until proven guilty.”  

Because the disposition of an arrest record isn't always available, the burden of proof falls on gun buyers to prove they are eligible to purchase a firearm. In many cases, this costs these individuals thousands of dollars of their own money to prove their innocense. 

The bill has been scheduled for a hearing on Monday, April 12, in the House Judiciary Committee.  Please call members of the committee and respectfully urge them to vote against HB 1391 and this unconstitutional attack on the Second Amendment rights of Colorado citizens.  Contact information can be found below.

State Representative Claire Levy (D-13), Chair
Phone:  (303) 866-2578
Email: 
claire.levy.house@state.co.us

State Representative Beth McCann (D-8), Vice Chair
Phone:  (303) 866-2959
Email: 
beth.mccann.house@state.co.us

State Representative Lois Court (D-6)
Phone:  (303) 866-2967
Email: 
lois.court.house@state.co.us

State Representative Bob Gardner (R-21)
Phone:  (303) 866-2191
Email: 
bob.gardner.house@state.co.us

State Representative Daniel Kagan (D-3)
Phone:  (303) 866-2921
Email: 
repkagan@gmail.com

State Representative Steve King (R-54)
Phone:  (303) 866-3068
Email: 
steve.king.house@state.co.us

State Representative Joe Miklosi (D-9)
Phone:  (303) 866-2910
Email:
joe@joemiklosi.com 

State Representative B.J. Nikkel (R-49)
Phone:  (303) 866-2907
Email: 
rep.nikkel@gmail.com

State Representative Sal Pace (D-46)
Phone:  (303) 866-2968
Email: 
sal.pace.house@state.co.us

State Representative Su Ryden (D-36)
Phone:  (303) 866-2942
Email: 
sy.ryden.house@state.co.us

State Representative Mark Waller (R-15)
Phone:  (303) 866-5525
Email: 
mark.waller.house@state.co.us

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.