If Passed, the New Law Would Allow Counties to Ban Shooting in Certain Areas.
During the 2023 Colorado legislative session, many bills have been introduced to apply more gun control measures within the state. Many of the bills seek to limit who can purchase and possess firearms in an effort to curb gun violence.
One bill that has been introduced does not limit gun possession, but it creates a way for local governments to control where firearms can be discharged. As the state grows, some feel that counties should have the authority to ban shooting guns on private property in areas that have a certain house per square mile density.
Despite receiving opposition from several Republican lawmakers, House Bill 23-1165 “County Authority To Prohibit Firearms Discharge,” already made it through the Democrat-controlled House after being passed on its third reading in February. The bill was introduced to the Senate in early March and it was assigned to the Local Government & Housing Committee.
What Would the Bill Do if Passed?
Currently, state law allows county commissioners to designate unincorporated areas of a county and make it illegal to discharge firearms. But, a county is not allowed to prohibit the discharge of firearms in shooting galleries, on private grounds, or in residences as long as the shooting does not endanger people or property. If a county does choose to designate an area where shooting guns is outlawed, the area must have an average population density of 100 people or more per square mile.
The proposed bill would repeal the exception for private property and take away the minimum population density requirement. If passed, the bill would require that a designated “no shooting” area have 35 or more dwellings per square mile.
However, county commissioners could not outlaw shooting guns in a designated area by a peace officer, in an indoor shooting gallery located in a private residence, or at a shooting range. There is also a stipulation in the proposed law that people can still participate in lawful hunting activities or livestock management in designated areas.
Proponents Say Some Counties Need More Ways to Control Outdoor Shooting
According to one of the bill’s sponsors, Democrat Rep. Judy Amabile who represents the Western part of Boulder and Boulder County, Clear Creek County, Gilpin County, and the western part of Larimer County, the bill came about after she was approached by residents of Clear Creek County.
“They have some subdivisions in Clear Creek County that are very dense,” Amabile said. “And, they do not have a way of limiting people target shooting in their backyard. Cities obviously can do that. For example, you cannot set up a backstop in your backyard in Colorado Springs and shoot at targets because it is not considered safe when people are living within close proximity to one another. But, in unincorporated parts of the county, county commissioners do not have that authority currently.”
She said that the sheriffs in Clear Creek and Gilpin Counties said that the part of the law says that as long as shooting is done safely is too vague. “They wanted the county to be able to say, ‘in this neighborhood, because it is pretty dense (and there is a density requirement in the bill), we want to look at whether we want to allow shooting,’” Rep. Amabile explained. “They have to have a hearing and then they can enact regulations.”
She said that the bill does not just have to do with safety, but also the fact that shooting in dense neighborhoods creates a nuisance. “There were lots of people that were complaining that came to testify that said, ‘it’s loud,’” the bill’s sponsor went on to say. “And, it causes you to feel some anxiety because you don’t necessarily know where it is coming from and people are worried.”
She pointed out the fact that it just allows a county to prohibit shooting in certain areas if they want to and she admits that most counties in the state will not decide to do it. She also said that the issues with outdoor shooting increased when the population in certain areas grew and the number of gun sales went up during the coronavirus pandemic.
Opponents Say the Bill Goes Against the State’s Rural Way of Life
According to an article published by the Kiowa County Independent, House Republicans brought forth much discussion about the bill’s intentions and offered several amendments to the bill during its three readings on the House floor. Many House Republicans said that the bill was rushed through the committee without getting any input from county commissioners or county sheriffs.
Republican Rep. Ty Winter who represents Baca, Bent, Crowley, Kiowa, Las Animas, Otero, and Prowers counties and parts of Huerfano and Pueblo counties in southern Colorado, was one of the lawmakers to speak out against the bill. “People are moving to rural areas, but when they come, they do not adhere to our way of living they instead want to change the way we have been living and surviving for 100 years,” Winter said during the debate on the bill. “Gunshots are nothing new in rural Colorado, many who testified at the committee hearing stated they could hear gunfire from fully automatic firearms but when they called the police those guns had been put away and there was nothing for local police to do. That is because this law as well as so many others are totally unenforceable.”
Republican Rep. Ken DeGraaf, who represents El Paso County, agreed with Winter and spoke at length during all three readings of the bill. He said that people move to unincorporated areas to have less stringent rules to follow than they do in the city. “A simple solution is that the people from the Nanny State of Boulder should stay where they are,” DeGraaf stated.
The National Rifle Association’s Institute for Legislative Action also called on Coloradans to oppose the bill and urge state lawmakers to vote “no.” “Banning shooting on private property does nothing to promote public safety,” the NRA-ILA website states. “The only real effect of this bill will be to require citizens to pay to practice at a shooting range.”
County commissioners across the state have also spoken out against the bill. In fact, the Board of County Commissioners in Teller County passed a resolution to protect citizens’ right to self-defense and to oppose the bill during their meeting on March 9.
The bill passed in the state House after the third reading on February 16. It was then introduced to the Senate on March 6 and assigned to the Local Government and Housing Committee. If the bill passes in the Senate, it will then head to the governor’s office to get signed into law.
Read about other gun laws.
