Senate Democrats Stand Up for Public Safety and Pass Legislation Expanding Background Checks for Firearms

HB21-1298 will close the Charleston Loophole in Colorado and help keep guns out of the hands of people with violent histories

DENVER, CO - Today, the Senate passed HB21-1298 on third reading and final passage. This landmark piece of legislation, sponsored by Senators Julie Gonzales and Brittany Pettersen, will help ensure that people with recent violent criminal convictions cannot access firearms.

“The statistics are clear: the expansion of background checks is a highly effective tool in preventing gun violence. But it’s the stories of people who have been traumatized by such violence that truly move us to meaningful action,” said Senator Gonzales (D-Denver). “We’ve heard from people that survived being shot by intimate partners, from those who narrowly escaped the King Soopers massacre, and from parents who’ve lost children to drive-by shootings – all begging us to act. This bill is in response to these stories. By protecting our communities from this violence that haunts them, we will be paving the way for a safer, more just Colorado.”

“While one crisis begins to subside, another continues to ravage our country: gun violence. Thoughts and prayers are supportive sentiments, but effective policy is what our communities are begging us for,” said Senator Pettersen (D-Denver). “This common-sense legislation will keep firearms out of the hands of dangerous people and ensure that Colorado’s background check system is even more effective – a policy that, had it been in effect, would have surely saved Boulder from the horrific tragedy it suffered.”

HB21-1298 prohibits a person who has been convicted of specific violent misdemeanor offenses from purchasing a firearm for 5 years. These certain criminal offenses show a propensity for violence or illegal usage of a weapon and include charges like child abuse, hate crimes, cruelty to animals, sexual assault, and third-degree assault. 

Colorado would join 13 other states that have some form of violent misdemeanor firearm prohibition. State laws that prohibit the possession of firearms by people who have been convicted of a violent misdemeanor crime are associated with reductions in homicide rates.

The bill also closes the “Charleston loophole”, which allows an individual who may not have otherwise passed a background check to obtain a firearm if the results of said background check takes longer than three days to process. With the Governor’s signature, Colorado will join 20 other states that have taken action towards closing the Charleston Loophole.

The bill now heads back to the House for final concurrence. To read the bill and find updates regarding the status, visit leg.colorado.gov.

In addition to HB21-1298, the Senate also gave preliminary approval to a measure that would strengthen and streamline procedures for the relinquishment of firearms by someone who has a domestic violence-related protection order against them (HB21-1255), as well as a bill that would establish the Office of Gun Violence Prevention (HB21-1299).