DENVER – The Republican-controlled Colorado Senate on Tuesday gave initial approval to a measure that would repeal a 2013 law that required background checks for private sales and transfers of firearms.
The measure still faces a final vote in the Senate before heading to the Democratic-controlled House, where the measure likely faces a swift death. A final vote in the Senate could come as early as Wednesday.
“The current law is trying to criminalize what would otherwise be legal behavior,” Sen. Kent Lambert, R-Colorado Springs, said during floor debate on the bill.
The measure would eliminate the background-check requirement and subsequent $10 fee, which Democrats passed in 2013 when they controlled both the House and Senate.
The move at the time so ired gun-rights advocates that they led two successful recall efforts against Senate Democrats, including then-President John Morse of Colorado Springs and Angela Giron of Pueblo.
A third Senate Democrat, Evie Hudak of Westminster, resigned, rather than face another recall effort.
Concerns over the background requirement revolve around uncertainties with the law itself. Some residents say they are unable to even transfer firearms within their own family, and sheriffs have raised concerns over being unable to enforce the law or even transfer firearms within their own departments.
Republicans pointed out that between July 2013 and July 2014, the Colorado Bureau of Investigation processed 13,620 checks for private transfers. But only 14 cases were filed involving people who transferred a handgun without first obtaining a background check. Of those cases, there were only three convictions.
“We shouldn’t have felons with firearms. But if we’re going to fool ourselves and believe that felons will not end up with a firearm, we’re fooling ourselves,” said Sen. Randy Baumgardner, R-Hot Sulphur Springs.
Democrats, however, countered that the background-check requirement is the only tool the state has to make sure that felons don’t obtain firearms.
Democrats acknowledged that criminals are likely going to obtain firearms regardless of the law, but they said the state shouldn’t make it easy for them.
“We shouldn’t be in the business of making it easier for felons to have firearms,” said Sen. Jessie Ulibarri, D-Westminster. “It’s a basic public safety interest.”