[BoulderCouncilHotline] Gun Regulation

[Yates, Bob]

Council Colleagues:


This evening, I will propose the following edits to Ordinance 8245. The first is a substantive change, and I believe that the rest are drafting improvements and clarifications:


  1.  In addition to allowing owners of assault rifles to obtain a grandfather exemption by getting a certification from the Boulder Police Department, I would like us to consider allowing the certifications to be issued by local gun stores. There would be no requirement that gun stores participate in the certification process; but if they choose to, they could work with the Police Department on a process that is identical to what the police will use. This may make some gun owners feel more comfortable.
  2.  Section 5-8-28(c) should be edited to clarify that the behavioral requirements for storing and using a certified assault weapon under subsections 3, 4, and 5 are on-going conditions of certification. Similarly, we should clarify in subsection 2 that a person who is prohibited by law from possessing a firearm is not entitled to certification.
  3.  As currently written, the exemption for non-residents traveling through Boulder with assault weapons limits the uses of such firearms (once out of Boulder) to hunting and self-protection. No mention is made for using such firearms in shooting clubs or other lawful purposes outside of Boulder. I have other concerns about the clause, which I think is too complicated, as written (it is apparently copied from state law). Thus, I would re-write section 5-8-10(e) to simply read: "Nothing in this section shall be deemed to restrict a person's right to travel with a weapon in an automobile through the City of Boulder."
  4.  Since we define large-capacity magazine for a pistol at 15 rounds, I don't think that we need the exception in section 5-8-10(c)(3). I believe that it was our intention at our last meeting to eliminate the state law grandfathering of large-capacity magazines and I am concerned that, as written, this exception might make it unclear whether grandfathering is eliminated.
  5.  The ordinance, as written, provides exemptions for those holding a concealed weapons permit under the Federal Law Enforcement Officers Safety Act (section 5-8-25(b)) and those possessing a weapon with a stamp or permit under the National Firearms Act (section 5-8-10(c)(3)). Let's confirm tonight that we intend these exemptions.


I have discussed these proposed changes with Tom Carr and he will be prepared to make the edits, if they are approved by council.

Best,

Bob
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