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FOR IMMEDIATE RELEASE Office of Gov. John Hickenlooper Eric Brown, 303-547-5308 c, [email protected] Megan Castle, 303-513-2713 c, [email protected] Gov. Hickenlooper signs three bills to help curb gun violence DENVER — Wednesday, March 20, 2013 — Gov. John Hickenlooper signed three bills into law today. Number Title Sponsors Summary HB13- 1224 Prohibiting Large-capacity Ammunition Magazines Fields / Hodge Concerning prohibiting large-capacity ammunition magazines. HB13- 1228 Payment For Background Checks For Gun Transfers Court / Heath Concerning requiring the Colorado Bureau of Investigation to recoup the cost of performing an instant background check prior to the transfer of a firearm, and, in connection therewith, making and reducing an appropriation. HB13- 1229 Background Checks For Gun Transfers Fields & McCann / Carroll Concerning criminal background checks performed pursuant to the transfer of a firearm, and in connection therewith, making an appropriation. STATEMENT OF GOVERNOR JOHN W. HICKENLOOPER ISSUED MARCH 20, 2013 UPON THE SIGNING OF HB13-1224 In signing HB13-1224, we acknowledge that some have expressed concerns about the vagueness of the law’s definition of “large-capacity magazine.” By its terms, the law does make illegal any magazine manufactured or purchased after July

Colorado Governor John Hickenlooper's "Signing Statement" Regarding Gun Legislation

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This is the so-called "signing statement" referred to by Colorado's Governor John Hickenlooper today (actually it's just a press release). This statement covers House Bills 1224, 1228 and 1229.

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Page 1: Colorado Governor John Hickenlooper's "Signing Statement" Regarding Gun Legislation

FOR IMMEDIATE RELEASEOffice of Gov. John Hickenlooper Eric Brown, 303-547-5308 c, [email protected] Castle, 303-513-2713 c, [email protected]

Gov. Hickenlooper signs three bills to help curb gun violence

DENVER — Wednesday, March 20, 2013 — Gov. John Hickenlooper signed three bills into law today.

Number Title Sponsors Summary

HB13-1224

ProhibitingLarge-capacityAmmunitionMagazines

Fields /Hodge

Concerning prohibiting large-capacity ammunition magazines.

HB13-1228

Payment ForBackgroundChecks For GunTransfers

Court /Heath

Concerning requiring the Colorado Bureau of Investigation to recoupthe cost of performing an instant background check prior to thetransfer of a firearm, and, in connection therewith, making andreducing an appropriation.

HB13-1229

BackgroundChecks For GunTransfers

Fields &McCann /Carroll

Concerning criminal background checks performed pursuant to thetransfer of a firearm, and in connection therewith, making anappropriation.

STATEMENT OF GOVERNOR JOHN W. HICKENLOOPER ISSUED MARCH 20, 2013 UPON THE SIGNING OF HB13-1224 In signing HB13-1224, we acknowledge that some have expressed concerns about the vagueness of the law’s definitionof “large-capacity magazine.” By its terms, the law does make illegal any magazine manufactured or purchased after July

Page 2: Colorado Governor John Hickenlooper's "Signing Statement" Regarding Gun Legislation

1, 2013, that is capable of accepting, or is designed to be readily converted to accept, more that 15 rounds of ammunition.Similar language is used in other states’ statutes limiting large-capacity magazines. We know that magazinemanufacturers have produced and sell magazines that comply with these other state laws that limit large-capacitymagazines and we are aware of no successful legal challenges to those laws. And when a Colorado-based magazinemanufacturer came to us to share their concerns about the vagueness of the definition of “large-capacity magazine”contained in the original version of the bill, we worked with the bill’s sponsors to fine-tune the definition to make it moreprecise. We also have heard concerns about the requirement in the law that a person who owns a large-capacity magazine prior tothe law’s enactment may legally possess that magazine only as long as he or she “maintains continuous possession” of it.We do not believe a reasonable interpretation of the law means that a person must maintain continuous “physical”possession of these items. Responsible maintenance and handling of magazines obviously contemplates that gun ownersmay allow others to physically hold and handle them under appropriate circumstances. We are confident that lawenforcement and the courts will interpret the statute so as to effectuate the lawful use and care of these devices. In considering the language of HB13-1224, we have consulted with the Office of the Attorney General and we concurwith its advice that the large-capacity magazine ban should be construed narrowly to ensure compliance with therequirements of the Second Amendment and the Due Process Clause of the 14th Amendment. We have signed HB13-1224 into law based on the understanding that it will be interpreted and applied narrowly and consistently with theseimportant constitutional provisions. To this end, today we are directing the Colorado Department of Public Safety to consult with the Office of the AttorneyGeneral and others, as necessary, with respect to the interpretation of HB13-1224’s large-capacity magazine ban, andthen to draft and issue, to law enforcement agencies in the State of Colorado, technical guidance on how the law shouldbe interpreted and enforced. This work should be done by July 1, 2013, the law’s effective date. For a complete list of Hickenlooper’s 2013 legislation decisions, visit www.colorado.gov/governor.

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