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Colorado Democratic lawmakers file "assault weapon" ban bill as gun groups promise legal action

Two Democratic state lawmakers filed a bill Friday seeking to ban so-called "assault weapons," citing an "epidemic" of mass shootings.

The bill does not appear to ban ownership of these guns, only the future sale, transfer or manufacturing of them in Colorado.

The bill, filed Friday by State Rep. Elisabeth Epps and State Sen. Rhonda Fields, spells out what would be banned and who the ban would apply to if it were to become law. "Assault weapon" does not have a codified legal definition and different states or cities with laws against them differ on some specifics. They generally refer to a semi-automatic weapon with a detachable magazine.

Dubbed HB23-1230, the bill defines assault weapons using various criteria, such as a rifle having a detachable magazine and one of the following features:

  • A pistol grip;
  • Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
  • A folding, telescoping, thumbhole, or detachable stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the ability to conceal the weapon;
  • A flash suppressor;
  • A functional grenade launcher;
  • A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
  • A threaded barrel.

It would also ban certain handguns and shotguns with certain features. The full text of the bill can be read here. If passed, violating the ban would be a class 2 misdemeanor, punishable by up to 120 days in jail and/or a fine of up to $750.

In remarks on the Colorado House floor Friday, Fields said she was "lifting up" the family and classmates of Luis Garcia, a 16-year-old shot and killed outside East High School recently, in prayer. But Fields also said she was "lifting up action," in the form of filing this bill.

"I believe we should be protecting our children over guns," she said, in part. "Please join me as we come up with legislation to eliminate gun violence in our state."

Rocky Mountain Gun Owners, an organization that fights for gun ownership rights and against bans, has been outspoken about this bill before it was even filed, as well as similar bans against high-capacity magazines and other gun restrictions.

"This unconstitutional piece of legislation was introduced as an emotional response to the horrific act of terror in Colorado Springs, Colorado," Taylor Rhodes, executive director of Rocky Mountain Gun Owners, said in a statement. "Law-abiding Colorado gun owners will strongly oppose all attempts to ban any firearm or firearm accessory and Rocky Mountain Gun Owners is the pro-gun group mobilizing Coloradans and fighting back. We won't back down or cut any deals."

Rocky Mountain Gun Owners' full statement can be viewed here:

The bill was introduced to the Colorado House Judiciary Committee, which next meets on Tuesday and Wednesday. The full schedule and process required for the passage of the bill were not posted as of Saturday afternoon.

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