Counties Could Further Regulate Where People Can Shoot Guns Under Colorado Bill

By Sara Wilson, Colorado Newsline

February 14, 2023

A bill that would let counties prohibit people from firing weapons in certain unincorporated areas passed the Colorado House of Representatives on Monday on second reading after lengthy opposition from Republicans over Second Amendment rights.

“Many communities in unincorporated parts of the county have an activity going on that is unsafe for the residents,” bill sponsor Rep. Judy Amabile, a Boulder Democrat, said on the House floor Monday afternoon. “Just like if you live in Denver or if you live in Boulder or Colorado Springs … you can’t discharge a firearm in your backyard. You’re just not allowed to do that. Some counties would like to be able to do that in some dense neighborhoods.”

House Bill 23-1165 would lift a state preemption that prevents a county from limiting firearm discharge in unincorporated areas. It would allow counties to regulate the activity on private property in areas where the density reaches 35 dwellings per square mile. Currently, counties can adopt ordinances on firearm discharge for areas with at least 100 people per square mile.

Amabile said she doesn’t expect many counties to actually use the new legislation if passed, but the counties she represents are in favor of it because of an increase in sound and safety complaints. It would give local governments more control.

“It’s a very permissive bill. It will allow counties that are having their residents ask for help to have this tool in their toolbox. Counties that are not having issues in this space will not have to do anything,” said co-sponsor Rep. Karen McCormick, also a Democrat from Boulder. “Each county would be able to write the rules and regulations as they see fit. And then it will be up to those counties and county sheriffs to apply any enforcement mechanisms that they see fit.”

"It is not our job to add more laws to the books that are not enforceable and add a quandary for our law enforcement, our sheriffs and our commissioners out there."

– Republican state Rep. Anthony Hartsook

A floor amendment that passed on Monday would allow people to hunt, use an existing shooting range and manage wildlife and livestock on their private property. Republican lawmakers praised the amendment as an attempt to bridge the divide between urban and rural interests in the Capitol.

“I don’t think it’s enough, but it’s a right step,” Republican Rep. Richard Holtorf of Akron said.

Another amendment says that county commissioners may seek advice from local sheriffs about shooting restrictions they’re considering under the bill.

Overall, however, Republicans were opposed to the bill for how it could regulate activity in rural Colorado.

“With everything that’s going on in the city, people are moving out to rural Colorado where it is peaceful and quiet. But that’s the whole crux of it — people are moving to rural Colorado and then they are changing the way we live our lives, our heritage, and the way we live our lives there,” said Rep. Ty Winter, a Republican of Pueblo County.

He said he was concerned the bill could be just the first step in restraining the Second Amendment.

Republicans also argued whether a firearm discharge regulation could be enforceable, since someone who shoots a gun on a potentially prohibited property could then claim they were targeting a coyote or other predator.

“It is not our job to add more laws to the books that are not enforceable and add a quandary for our law enforcement, our sheriffs and our commissioners out there,” Republican Rep. Anthony Hartsook of Parker said.

The bill needs to pass on third reading and will then head over to the Senate.

Several highly anticipated firearm-related bills, including an assault weapons purchase ban and a bill that would allow people to sue gun manufacturers, have been hinted at but not yet introduced.

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