Colorado Concealed Handgun Permits Initiative (2016)
| Not on Ballot |
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| This measure was not put on an election ballot |
| Voting on Firearms |
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| Ballot Measures |
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| Not on ballot |
The Colorado Concealed Handgun Permits Initiative did not make the 2016 ballot in Colorado as an initiated state statute.[1]
The measure would have prohibited law enforcement officials from citing an individual's lawful use of marijuana as a reason for denying that individual a permit to carry a concealed weapon.[1]
Text of measure
Ballot title
The ballot title as designated and fixed by the board was as follows:[2]
| “ | An amendment to the Colorado Revised Statutes prohibiting a county sheriff from using a concealed handgun permit applicant's lawful use of marijuana as a basis for denying the applicant a permit.[3] | ” |
Ballot text
The text that would have appeared on the ballot reads as follows:[2]
| “ | Shall there be an amendment to the Colorado Revised Statutes prohibiting a county sheriff from using a concealed handgun permit applicant's lawful use of marijuana as a basis for denying the applicant a permit?[3] | ” |
Full text
The full text was as follows:[4]
| “ | Be it Enacted by the People of the State of Colorado:
Section 1. In Colorado Revised Statutes, 18-12-203, amend (1)(c) and (1)(f) as follows: 18-12-203. Criteria for obtaining a permit. (1) Beginning May 17, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who: (c) Is not ineligible to possess a firearm pursuant to section 18-12-108; (f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5), EXCEPT THAT A SHERIFF SHALL NOT USE A PERMIT APPLICANT'S LAWFUL USE OF MARIJUANA PURSUANT TO SECTION 14 OR 16 OF ARTICLE XVIII OF THAT STATE CONSTITUTION AS A BASIS FOR DENYING THE APPLICANT A PERMIT. Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in Effective date: December 1, 2016 (quote) |
” |
Background
In 2011, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives directed states to keep guns away from marijuana users. In 2014, U.S. Senator John Walsh suggested an amendment to prevent federal prosecution of gun owners who used medical marijuana. The amendment failed.[5]
In order to obtain a concealed weapons permit in Colorado, applicants must answer several questions under oath, including whether or not they are an "unlawful user of" marijuana "or any other controlled substance." A similar issue has been raised in Washington and Oregon, where a sheriff was recently prohibited from denying a concealed handgun license to a medical marijuana user.[5]
Support
Individuals
Antillon and Chase operate a firearm training business together called "Guns for Everyone. They provide the type of training that is required for concealed carry applicants.[1]
Arguments
- Initiative sponsor Edgar Antillon argued that concealed cary permits for firearm users are not denied to people who consume alcohol. He said, "It's just ridiculous. Somebody can get extremely drunk — Saturday, Sunday, Monday, and all week if they want — and they can still get a concealed carry permit."[1]
Opposition
Individuals
- Tony Fabian, president of the Colorado State Shooting Association[1]
Organizations
- County Sheriffs of Colorado[1]
Arguments
Tony Fabian, president of the Colorado State Shooting Association, said, "Federal law prohibits the possession and use of marijuana and its derivatives, and therefore its possession and use is incompatible with legal, responsible firearms ownership."[1]
Path to the ballot
Supporters were required to gather at least 98,492 valid signatures by the state's prescribed deadline for the measure to appear on the ballot, but the deadline passed and the title expired.
See also
- Colorado 2016 ballot measures
- 2016 ballot measures
- Colorado Legislature
- List of Colorado ballot measures
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Yahoo News, "Proposal seeks gun permits for Colorado pot users," December 23, 2014
- ↑ 2.0 2.1 Colorado Secretary of State, "Results for Proposed Initiative #12, Ballot Title Setting Board 2015-2016," accessed February 6, 2015
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 Colorado Secretary of State, "Proposed initiative measure 2015-2016 #12," accessed February 6, 2015
- ↑ 5.0 5.1 The Denver Channel, "Proposal seeks gun permits for Colorado pot users," December 23, 2014
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