Bill would repeal the state preemption barring local governments from enacting their own gun laws

DENVER, CO - Today, the Senate approved landmark gun legislation that will help address the epidemic of gun violence by empowering local governments to enact their own gun laws to enhance public safety and save lives. SB21-256 declares that the regulation of firearms is a matter of state and local concern and repeals the state-level preemption that currently prohibits said jurisdiction.

The legislation, sponsored by Senate Majority Leader Steve Fenberg and Senator Dominick Moreno, was introduced in response to the Boulder King Soopers tragedy, where courts struck down Boulder’s locally enacted safety measures just ten days before the shooting. The bill allows local governments to implement gun ownership laws that are stricter than state statutes – granting municipalities the right to decide regulations most suitable for their community.

“Colorado is a state with a long history of trusting local governments to do right by their communities' unique needs,” said Majority Leader Steve Fenberg, D-Boulder. “Repealing the state preemption on local regulation of firearms will allow communities to respond to the particular issues that their communities face, and that their people demand. This is an essential step forward in continuing the tradition of local control over issues that look different from town to town and county to county.”

Gun violence is concerning at the state and local level, and this bill will allow for a local government to enact an ordinance or regulation regarding the sale, purchase, or possession of a firearm, firearm accessory, and ammunition. Local regulations cannot be less restrictive than state law, and there is no obligation to pass any ordinances as a result of this legislation. The bill also gives the authority to public universities and colleges, as well as special districts, to ban concealed carry on their premises.

“Each city and town in Colorado has different needs and should be able to determine how to best keep their community safe,” said Senator Dominick Moreno, D-Commerce City. “We need to ensure that local governments have the ability to implement the gun safety measures that are needed in their jurisdiction. This bill will empower local officials to enact their own laws to reduce violence and enhance public safety.”

Colorado will be able to continue the longstanding tradition of home rule and local authority because each town, county, and community has different needs and should be able to determine what is best for their own community. Accordingly, the bill preserves state authority in areas where statewide uniformity is desirable, including the responsibility for issuing concealed carry permits while allowing local governments to determine where firearms may be carried. Additionally, the bill preserves a uniform state law that allows people to travel freely throughout the state with firearms inside their vehicles.

The bill now heads to the House for further consideration. To read the bill and find updates regarding its status, visit leg.colorado.gov/bills/sb21-256.