What Hunters Should Know About Colorado’s First-in-the-Nation Gun Ban

However, recent amendments to the legislation have created loopholes that would make it easier for hunters to continue owning these now-banned types of firearms. These amendments earned the support of Governor Jared Polis and passed the state Senate on a narrow 19-15 vote.

Now, the bill heads to the state House of Representatives, where the Democrats supermajority all but assures the bill’s passage.

Sportsmen’s groups have decried the legislation as an attack on Second Amendment rights and warn it could impact conservation funding moving forward.

“Modern sporting rifles and semi-automatic shotguns are not only important to our hunting heritage but are highly popular in the recreational shooting community which is widely credited as the source of roughly 80% of conservation funding generated through the Pittman-Robertson Act,” said the Congressional Sportsmen’s Foundation. “This legislation would severely undermine our hunting heritage, firearm rights, and would negatively impact the American System of Conservation Funding.”

The bill’s supporters argue that the legislation is necessary to prevent mass shootings, and they refuse to characterize the bill as a “ban.”

“As someone who actually has sponsored an assault weapons ban: this is not it. If you read the bill, you can buy an assault-style weapon as long as it has a fixed magazine and cannot be modified with high-capacity magazines that are illegal,” said one of the bill sponsors, Sen. Julie Gonzales.

Recent amendments to SB3 strengthen Gonzales’ position, but gun rights advocates say the legislation still sets a dangerous precedent for similar styles of gun control measures moving forward.

Like other bans on so-called “assault weapons,” SB3 bans semi-automatic rifles and shotguns that can accept detachable magazines and are chambered in centerfire ammunition (it excludes .22-caliber or lower rimfire guns). However, unlike those other bans, SB3 does not create exceptions for semi-automatic rifles and shotguns that do not have certain features associated with AR-type rifles (collapsible stock, pistol grip, muzzle device, etc).

This would make it the most comprehensive gun ban in the nation. It would prohibit the purchase of any centerfire semi-automatic rifle or shotgun with a detachable magazine, even if it sports a wood stock that makes it look more like a traditional firearm.

When it comes to handguns, the bill would ban those that are semi-automatic, have a detachable magazine, and are “gas-operated.” The bill includes piston-gas systems, direct impingement systems, and blowback-operated systems under this definition.

Gas-operated firearms have been around since the 19th century, perhaps most famously in the World War II-era rifle, the M1 Garand. This action system siphons off some of the gas from ignited gunpowder and uses that gas to cycle the action. While most modern semi-automatic handguns are not gas-operated, virtually all AR-type firearms are. This, proponents say, will more effectively ban these types of firearms while giving Coloradans access to most types of modern handguns like those from Sig Sauer, Glock, Springfield, and others.

Unfortunately for James Bond fans, the prohibition on blowback-operated handguns would put a stop to future purchases of the Walther PPK. It’s unclear why legislators chose to include blowback handguns under the “gas operated” definition since these are not the same kind of action.

It’s important to note that the bill does not ban the possession of these semi-automatic firearms. Current owners would be allowed to keep their rifles, pistols, and shotguns, but future manufacture, distribution, transfer, sale, and purchase would be prohibited.

What’s more, significant amendments were approved in the Senate that would create a program under which Colorado residents could continue to purchase these firearms.

The Senate version of SB3 allows residents to purchase banned firearms if they obtain a Firearms Safety Course Eligibility Card by submitting fingerprints to the local sheriff’s office and passing a background check.

Once an applicant has their eligibility card in hand, they must then complete a hunter’s safety course along with a four-hour firearms safety course or a 12-hour firearms safety course. These courses must be taught by someone verified by a sheriff as a firearms instructor and the fees from the course will go to the Colorado Parks and Wildlife Department.

Upon completion of these courses, the applicant will then be permitted to purchase the banned firearms in question.

The amended version of the bill also added several clarifications apparently meant to assuage the fears of hunters.

For example, some feared that the ban would incorporate semi-automatic shotguns popular among waterfowl hunters. But the amended bill states that “detachable magazine” does not include “an attached tubular magazine located under the barrel of a firearm.”

Senators also added a list of popular semi-automatic hunting and military surplus rifles that will be exempt from the ban. These include the Benelli R1, the Browning BAR, the M1 Carbine, the Remington Model 742, and the Ruger Mini-14 Ranch Rifle. The Mini-14 is an especially strange exemption since the only practical difference between this rifle and an AR-15 is the wood stock. It is semi-automatic, gas-operated, and can accept detachable magazines available in greater than 15-round capacities.

So, while the bill’s emphasis on a firearm’s operating system rather than cosmetic features would make this the most sweeping gun ban in the country, the exceptions carved out actually make it possible for Colorado residents to own the kinds of guns other states have tried to ban.

That’s small comfort to Coloradans, who will now have to attend and pay for a firearms safety class to purchase guns they can legally own right now. Opponents characterize the requirement as little more than an opportunity to buy their rights back, and some worry that it will cause a rush on hunter’s ed courses.

“By forcing those wanting to own certain firearms to flood CPW hunter safety classes, this bill threatens to overwhelm a system already vital for safe hunting education. It’s a thoughtless move that could delay or deter new hunters, undermining traditional hunting practices and conservation efforts,” warns Colorado gun rights group We the Second.

The bill appears on its way to victory in the Colorado House of Representatives, where Democrats enjoy a 43-22 majority. However, a bill is never passed until it has.

SB3 was assigned to the House Judiciary Committee, but it has yet to be heard. It was scheduled for a hearing on March 4th, but committee staff told MeatEater that it had been pulled from the calendar. As of this writing, it has not been put back on the schedule.

The bill has not enjoyed unanimous approval among Democrats. Three Democrats voted against the measure in the Senate, and it’s possible some in the House won’t be comfortable with the continued ability of residents to purchase these firearms–even if the process to do so is onerous.

But that permit-to-purchase scheme was included, in part, to secure the support of Governor Polis. If the House tries to amend the bill to something closer to its original form, they may not have the assurance of the governor’s signature. For the bill to fail, 11 Democrats would have to join with Republicans to vote it down, a tall order for any gun control measure.

Whatever happens, Coloradans who care about this issue should contact their House members, which they can do here.