Colorado Politics

Republican filibuster fails to kill gun bills, but Dems make concessions

The House finally wrapped up the last of a trio of bills on guns following marathon sessions that lasted four days.

The debate had, at times, turned acrimonious, with Democrats at one point deploying the “nuclear option” to shut down a filibuster. 

On Monday, House Republicans continued to filibuster and insisted that every bill – even their own, as well as measures that don’t relate to firearms – be read at length, an attempt to slow down the Democrats’ progress on what has become the signature issue of the 2023 session.

Supporters say the proposals would curb gun violence and save lives, while critics call them arbitrary, arguing that, among other points, they would turn law-abiding citizens into criminals.  

The last bill on the legislators’ calendar for Monday was Senate Bill 169, which seeks to increase the age for purchasing a firearm from 18 to 21. The other proposals lawmakers are considering would allow victims of gun violence to sue in civil court and expands the list of people who can seek extreme risk protection orders.

There was one moment of levity during Monday’s business: Rep. Rod Bockenfeld, R-Watkins, asked for a new fiscal note, complete with a petition from 10 House members and presented to the chamber’s chief clerk.

That’s allowed when a bill has been substantially amended. The bill’s previous fiscal note showed no appropriations required and only a minimal effect to state revenue and expenditures.

Majority Leader Monica Duran, D-Wheat Ridge, was at Bockenfeld’s elbow immediately with a new analysis, which prompted chuckling in the House, even from Bockenfeld, who complimented Duran on her promptness. 

The new fiscal note showed no change in revenues, expenditures and no new state appropriation required.

Democrats had agreed to substantial amendments on SB 169 during Sunday’s rare session, striking all references to possession of a firearm by someone under the age of 21.

Most of the House Republicans tried one last time to stall the final vote through discussion, as much as is allowed under House rules, which is limited to 10 minutes each on a final vote.

Democrats offered their defense of the bill, calling it a modest and responsible step to take.

Rep. Kyle Brown noted that Louisville, which he represents, as well as other Boulder County communities decided to raise the age limit last year, but he insisted those actions aren’t enough.

“We need state action,” he said.

Access to gun is a key determinant in whether violent acts are committed, including suicide, he said.

Rep. Meg Froelich, D-Englewood, noted federal laws already prohibit the purchase of a handgun by someone 18 years old. The proposal brings Colorado law into agreement with that, she said, calling the bill a “compromise position” abd noting that none of the gun measures alone would solve the problem of gun violence. 

Rep. Jenny Willford, D-Northglenn, noted that, when she was growing up on a farm in rural Kentucky, every door had a gun behind it. Her grandfather taught her how to shoot and properly handle a gun. But “we need to recognize that not every young person grows up with the same instruction” and commitment to safety, she said, calling gun violence a sickness.

Republicans countered that 18-year-olds are legally old enough to vote or enlist in the military but not participate in a protected right under the U.S. and Colorado constitutions, an argument advanced by several lawmakers throughout the debate, including by Rep. Lisa Frizell, R-Castle Rock. 

SB 169 passed on a 40-24 vote, with six Democrats voting “no.” That included Rep. Jennifer Parenti, D-Erie, the co-sponsor of SB 168, which seeks to grant gun victims authority to sue firearms manufacturers and dealers in civil court.

The House debate lasted just over 2.5 hours. 

Meanwhile, the Senate’s first order of business on Monday focused on House Bill 1219, which establishes a three-day waiting period for delivery of a firearm after purchase. 

Similar to the House Democrats’ position, Sen. Chris Hansen, D-Denver, said the bill would not solve gun violence by itself.

“But it’s a big, important step forward,” he said.

He pleaded with lawmakers to listen to the students of East High, who have come to the Capitol several times to demand action.

“For Denver Public Schools students, when they come back from spring break a week form today, I want to be able to look them in the eye and say, ‘We acted. We did our work today on this important bill,'” Hansen said. 

Republicans also launched an all-day filibuster to delay the measure, offering 16 amendments, along with lengthy debate on each.

Republicans argued the bill would not allow crime victims to defend themselves and proposed a half-dozen amendments to exempt them from the legislation.

Sen. Jim Smallwood, R-Parker, said the state should let people defend themselves in the manner they choose. He offered amendments exempting victims of domestic violence, sexual assault and those with restraining orders. 

Smallwood won one amendment – to allow those on active duty who are about to be deployed to be exempted from the bill, along with their family members.

An amendment from Sen. Rod Pelton, R-Cheyenne Wells, sought to require the state to reimburse dealers for shipping charges when they have to mail a firearm to a purchaser who lives more than 50 miles from the dealer. 

Federal law prohibits the U.S. Postal Service from mailing automatic weapons; other firearms can be shipped under strict conditions.

Other amendments, which all met the same defeat, would exempt residents of a county of less than 50,000 – which would apply to all but the state’s 15 most populous counties – and those with previously-existing hunting licenses or concealed carry permits.

In the later committee of the whole report, which includes recorded votes, Smallwood obtained record on his amendment on exemptions for a protected person – one who has obtained a protection order – which lost on a 16 -19 vote, with four Democrats voting with Republicans: Sens. Dylan Roberts of Eagle, Nick Hinrichsen of Pueblo, Kevin Priola of Henderson and Rachel Zenzinger of Arvada. It was the closest vote on Republican amendments.

The Senate adopted HB 1219 on a voice vote just after 7 p.m., concluding nine hours of debate.

It heads to a final vote in the Senate on Tuesday, and if approved, will head back to the House for concurrence on the Smallwood amendment.

State Senator and mayoral candidate, Chris Hansen, speaks to students from Denver East High School about gun policy, while they protested the second student-involved shooting in as many months on March 23, 2023. Hundred of Denver East High students, students from neighboring schools, parents and teachers gathered outside the Colorado State Capitol before going in to address lawmakers.
Tom Hellauer, tom.hellauer@denvergazette.com
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