The long-awaited bill to ban so-called “assault weapons” surfaced in the House late Friday afternoon – and has already lost a key supporter, raising questions about the viability of its path to the governor’s desk.

Rep. Andrew Boesenecker, D-Fort Collins, was listed as a first prime sponsor in previous drafts, but his name is no longer on House Bill 1230, which is sponsored by Rep. Elisabeth Epps, D-Denver and Sen. Rhonda Fields, D-Aurora.

The measure may not have enough support from Democrats, including by some leaders on this issue, and the measure is in danger of dividing the Democratic Gun Violence Prevention Caucus.

A draft of HB 1230 had been floating around the Capitol and on social media since the first day of the 2023 session, but sponsors, including Boesenecker, were less than certain on whether it would be introduced at all.

When Democratic lawmakers unveiled a package of four gun control bills on Feb. 23, the assault weapons ban was notably not on the list. Nor did lawmakers mention it. 

Under HB 1230, “assault weapons” – a nonspecific term – is defined in several ways:

• a semiautomatic rifle that can accept a detachable magazine, along with modifications, such as a pistol grip, a detachable stock, a flash suppressor or a grenade launcher; 
• a semiautomatic rifle with a fixed large-capacity magazine or a semiautomatic pistol with the same list of possible modifications;
• a semiautomatic shotgun, including those that can accept the same modifications;
• a semiautomatic firearm that can accept a belt ammunition feeding device or a semiautomatic firearm modified to be operable as an assault weapon as defined in the bill.

Gun rights groups said they plan an all-out offensive on the proposal when it comes up for its hearing in the House Judiciary Committee, a date not yet set. They also promised lawsuits, should the legislation succeed.

Daniel Fenlason of the Colorado State Shooting Association said the bill is exactly what critics thought it would be – basically a ban on everything.

Anything that accepts a magazine and is semi-automatic would be prohibited under HB 1230, he said. 

“We will fight this as hard as we can at the Capitol,” he said, adding critics will sue if it is enacted. 

The bill’s introduction on Friday led to a lot of chatter on social media, most notably a tweet from Rep. Matt Soper, R-Delta, in which he called for “civil war.”

Soper, a right-of-center Republican who works well across the aisle, apologized for what he described as his poor choice of words on the House floor Monday morning. Despite his apology, the tweet has not been deleted.

The bill’s introduction has ramped up questions around just where its support lies.

Following his State of the State address last January, Gov. Jared Polis demurred when asked what he thought about a draft on an “assault weapons” ban that had been circulating for several weeks.

“We specifically, looking at the data, believe that extreme risk protection orders can work better,” the governor said. 

Asked to contrast that stance with a 2018 bill he co-sponsored while in Congress titled “Assault Weapons Ban of 2018,” Polis said federal action on guns is needed first, noting there is a limit to what states can do.

Nine states have already passed assault weapons bans in jurisdictions mostly controlled by Democrats. 

The assault weapons ban measure also isn’t playing well within the Democratic caucus, even with those who support bills that would add more tools to deal with gun violence.

Sen. Tom Sullivan, D-Centennial, whose son, Alex, was murdered in the Aurora Theater shooting in 2012, has spoken in favor of other measures to deal with gun violence.

The assault weapons ban hasn’t been on his list, putting him at odds with outside organizations that are pushing hard for the proposal, including some that backed his candidacy for the state Senate last year.

Everytown for Gun Safety’s independent expenditure committee spent more than $1 million supporting Sullivan or opposing his 2022 Republican opponent. An “assault weapons” ban is high on the group’s list of priorities. 

One of the big questions is where Speaker of the House Julie McCluskie, D-Dillon, will be on the measure. McCluskie attended the Feb. 23 press conference in support of the package introduced that day, but she also voted against a gun bill recently, House Bill 1165, which would allow county officials to prohibit a firearms discharge on unincorporated county lands with 35 dwellings, or 91 residents, per square mile. 

In an interview with KDVR in January, McCluskie was asked if she supports a ban.

“The legislation that comes forward has to be about saving lives,” she replied, speaking about bills that would later become part of the package introduced on Feb. 23. 

“I will take a position on a bill when it is introduced,” she said. “It’s unfortunate that a draft of the bill was shared in a public way when it is a work in progress. You can be passionate about an issue, very committed to making change in a public policy space. Language on that bill paper matters. When a bill is introduced, has gone through the process and has input from stakeholders, I’ll let you know.”

In a statement to Colorado Politics Monday, McCluskie hinted at concerns on the bill.

“As Speaker of the House, I am committed to ensuring a fair process for every bill that is introduced,” she said. “I plan to spend some time listening to my constituents and hearing their voices on this important issue. While I am still reviewing this legislation and have some questions, I’m proud of our efforts this session to pursue common sense and evidence-based solutions that will reduce gun violence and improve public safety in our communities.”

McCluskie’s district includes ski resort counties, but it also encompasses counties where ranching – and worries about restrictions on firearms – are likely to be an issue.