Firearm Policies, Procedures & Guidelines (Elbert County Sheriff)

Caroline Curtis filed this request with the Elbert County Sheriff of Elbert County, CO.
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Communications

From: Caroline Curtis

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Any and all policies, procedures, directives, memorandums, and any other guiding materials regarding matters pertaining to firearm acquisition, licensure, use, and transfer, including, but not limited to, the following:
• policies and procedures on the issuance of firearms permits and licenses. (Please note that this point is not a request for identities of individual permit/license holders, but is rather a request for governmental policies and parameters regarding the process and regulations by which one may obtain a license or permit. If separate strictures exist for each, provision of both would be greatly appreciated.)
• policies and procedures on the revocation of firearms permits and licenses.
• any and all available policies and procedures regarding local firearms policies. Please provide all such materials that alter or supplement departmental procedures.
Please include all available segregable data.
Please also provide all available data, statistics, or reports regarding matters pertaining to gun acquisition, licensure, use, and transfer, including, but not limited to, the following:
• the issuance of firearms permits and licenses.
• the revocation of firearms permits and licenses.
• the suspension of firearms permits and licenses.
• the renewal of firearms permits and licenses.
• incidents involving the use of a firearm.
If various policies or reports exist dependent on the type of firearm, provision of all applicable materials would be greatly appreciated. Should they be voluminous, provision of materials on rolling basis would be greatly appreciated.
Should your agency believe that any additional policies, procedures, reports or other analysis pertaining to firearm acquisition, licensure, use, transfer, deaths, incidents, or any related issues may reside with another agency or agencies, indication of such agencies would be greatly appreciated.
Please notify us if further clarification is necessary.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Caroline Curtis

From: Bart Greer

Good Afternoon Ms. Curtiss,

I am the Assistant Elbert County Attorney, and I respond to Open Records requests.

Elbert County's Open Records Policy is on our website, and we require the requesting party to use our form. Unfortunately we do not provide electronic copies. I have included the link to that policy in the body of this email. Also, the form can be secured from the Custodian of Records at 303-621-3126. You may be able to ask for Johanna specifically on how to get a copy of the form in order to request County Records pursuant to Colorado Open Records provisions. We will need a copy of the County Open Record Request form filled out and returned in order to process the request.

http://www.elbertcounty-co.gov/Open_Records_Procedure_and_Policy.pdf

It's unclear whether you seeking Colorado Criminal Justice Records Act (CCJRA) records in your email. C.R.S. 24-72-301-305 would be applicable to such a request, and may be more in line with what you are seeking. Below, I have included the link to the website where you can get a copy of the form to request such records pursuant to CCJRA.

http://www.elbertcountysheriff.com/records.html

Best Regards,

Bart Greer
Elbert County Assistant County Attorney
75 Ute Ave
P.O. Box 924
Kiowa, CO 80117
Phone: 303.621.3143
Fax: 303.621.0122

* Confidentiality Notice: This electronic mail message and any attachments is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, and/or protected by law. If you are not the intended recipient of this message, please notify the sender and do not take any action in reliance on its contents. Any dissemination, copying or distribution of this email or its contents is strictly prohibited.

From: Shayne Heap

CONCEALED HANDGUN PERMIT INFORMATION

Please read the documents of the Concealed Handgun Permit Packet thoroughly and complete the Concealed Handgun Permit application. The application may be typed or filled out with black or blue ink. Please use additional sheets of paper if necessary to respond to the questions. If the application is not fully completed, it cannot be processed.

An applicant shall complete the permit application form and return it, in person, to the Elbert County Sheriff's Office at 751 Ute Ave., Kiowa, Co. 80117. The applicant shall sign the completed permit application in person, before the Sheriff or his designee; upon sworn oath that the applicant knows the contents of the permit application and that the information contained in the permit application is true and correct. When the application is turned in, the applicant will have their photograph and fingerprints taken. Please insure that you have sufficient time allocated to complete the entire process.

An applicant who knowingly and intentionally makes a false or misleading statement on a permit application or deliberately omits any material information requested on the application commits perjury as described in Colorado Revised Statute (C.R.S.) 18-8-503. Upon conviction, the applicant shall be punished as provided in 18-1.3-501 of the Colorado Revised Statute. In addition, the applicant shall be denied the right to obtain or possess a permit, and the Sheriff shall revoke the applicant's permit if issued prior to conviction.

The Information portion of the packet should be kept for future reference.

In addition to the completed application form, you must submit:

• A $52.50 processing fee in the form of a cashier's check or money order, made payable to the Elbert County Sheriff’s Office, for Colorado Bureau of Investigation (CBI). This fee pays for a state and national criminal history check (fingerprints) and for an Insta- check (NICS) per Statute. Processing fee for renewals is $13.00.

• A $100.00 processing fee in the form of a cashier's check or money order made payable to Elbert County Sheriff's Office. This fee pays for forms, ID cards, local criminal history checks, and other administrative costs. Processing fee for renewals is $50.00.

A combined fee of $152.50 for new applicants or a combined fee of $63.00 for renewals will be accepted in the form of a cashier’s check or money order.

• Proof of residency. (Colorado Driver's License, Colorado ID card or Military ID card and Duty Orders)

• Documentary evidence demonstrating competence with a handgun as specified in section 18-12-203 (1) (h) of the Colorado Revised Statute.

It is required that all applicants be fingerprinted to conduct a thorough background investigation that comply with state laws. This will be completed when the application is accepted at the Sheriff's Office.

Photograph. (A full front view color photograph of the applicant's head). This photograph will be taken when the application is submitted at the Sheriff's Office.

CHP Applications are only accepted Tuesday and Thursday from 9:00am to 11:00am and 1:00pm to 3:00pm and Saturdays from 9:00am 11:00am.

All CHP fees are non-refundable, regardless of issuance.

Fingerprints and photographs will be taken at the time your application is submitted.

PURPOSE

The purpose of the application is to ensure the following prerequisites are met:

To protect the safety of both the public and the permit holder, by reasonably ensuring that the permit holder is mentally and physically capable of the proper conduct while handling a handgun.

To provide a reasonable assurance that a permit holder is knowledgeable in the use of firearms and is informed of the statutory restrictions on such use of firearms.

To prevent the issuance of a permit to a person who is prohibited by law to possess a firearm.

APPLICATION CRITERIA

The application packet is to be read thoroughly and the application printed or typed and completed in full. Only an original application will be accepted.

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:

(a) Is a legal resident of the State of Colorado. A person, who is a member of the Armed Forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the State of Colorado.

(b) Is twenty-one years of age or older

(c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or Federal Law;

(d) Has not been convicted of perjury under section 18-8-503, in relation to information provided or deliberately omitted on a permit application.

(e) (I) Does not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired.

(II) The prohibition specified in this paragraph (e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed pursuant to article 43 of title 12, C.R.S., and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.

(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.

(g) Is not subject to:

(I) protection order issued pursuant to section 18-1-1001 or section 19-2-707, C.R.S., that is in effect at the time the application is submitted; or

(II) permanent protection order issued pursuant to article 14 of title 13, C.R.S.; or

(III) A temporary protection order issued pursuant to article 14 of title 13, C.R.S.; that is in effect at the time the application is submitted;

(h) Demonstrates competence with a handgun by submitting:

(I) Evidence of experience with a firearm through participation in organized shooting competitions or current military service;

(II) Evidence that, at the time the application is submitted, the applicant is a certified instructor;

(III) Proof of honorable discharge from a branch of the United States armed forces within the three years preceding submittal of the application;

(IV) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the application;

(V) certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the application; or

(VI) training certificate from a handgun training class obtained within the ten years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor. In obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.

(2) Regardless of whether an applicant meets the criteria specified in subsection (1) of this section, if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.

(3) (a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.

(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this

section.

(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

18-12-202. Definitions.

As used in this part 2, unless the context otherwise requires:

(1) Repealed.

(2) "Certified instructor" means an instructor for a firearms safety course who is certified as a firearms instructor by:

(a) county, municipal, state, or federal law enforcement agency;

(b) The peace officers standards and training board created in section 24-31-302, C.R.S.;

(c) federal military agency; or

(d) A national nonprofit organization that certifies firearms instructors, operates national firearms competitions, and provides training, including courses in personal protection, in small arms safety, use, and marksmanship.

(3) "Chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired" means:

(a) The applicant has at any time been committed as an alcoholic pursuant to section 27- 81-111 or 27-81-112, C.R.S.; or

(b) Within the ten-year period immediately preceding the date on which the permit application is submitted, the applicant:

(I) as been committed as an alcoholic pursuant to section 27-81-109 or 27-81-110,

C.R.S.; or

(II) as had two or more alcohol-related convictions under section 42-4-1301 (1) or (2), C.R.S., or a law of another state that has similar elements, or revocations related to misdemeanor, alcohol-related convictions under section 42-2-126, C.R.S., or a law of another state that has similar elements.

(4) "Handgun" means a handgun as defined in section 18-12-101 (1) (e.5); except that the term does not include a machine gun as defined in section 18-12-101 (1) (g).

(5)(a) "Handgun training class" means:

(I) law enforcement training firearms safety course;

(II) firearms safety course offered by a law enforcement agency, an institution of higher education, or a public or private institution or organization or firearms training school, that is open to the general public and is taught by a certified instructor; or

(III) A firearms safety course or class that is offered and taught by a certified instructor.

(b) Notwithstanding paragraph (a) of this subsection (5), “handgun training class” does not include any firearms safety course that allows a person to complete the entire course:

(I) Via the internet or an electric device; or

(II) In any location other than the physical location where the certified instructor offers the course.

(6) "Permit" means a permit to carry a concealed handgun issued pursuant to the provisions of this part 2; except that "permit" does not include a temporary emergency permit issued pursuant to section 18-12-209.

(7) "Sheriff" means the sheriff of a county, or his or her designee, or the official who has the duties of a sheriff in a city and county, or his or her designee.

(8) "Training certificate" means a certificate, affidavit, or other document issued by the instructor, school, club, or organization that conducts a handgun training class that evidences an applicant's successful completion of the class requirements.

18-12-211. Renewal of permits.

Within 120 days prior to expiration of a permit, the permittee may obtain a renewal form from the sheriff OF THE COUNTY OR CITY AND COUNTY IN WHICH THE PERMITTEE RESIDES OR FROM THE SHERIFF OF THE COUNTY OR CITY AND COUNTY IN WHICH THE PERMITTEE MAINTAINS A SECONDARY RESIDENCE OR OWNS OR LEASES REAL PROPERTY USED BY THE PERMITTEE IN A

BUSINESS and renew the permit by submitting to the sheriff a completed renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in section 18-12-203 (1)(a) to (1)(g), and the required renewal fee not to exceed fifty dollars, as set by the sheriff pursuant to section 18-12-205 (5). The renewal form MUST meet the requirements specified in section 18-12-205(1) for an application.

(b) IF THE SHERIFF IS NOT THE SAME SHERIFF WHO ISSUED THE PERMIT TO THE PERMITTEE:

(I) THE PERMITTEE SHALL SUBMIT TO THE RENEWING SHERIFF, IN ADDITION TO THE MATERIALS DESCRIBED IN PARAGRAPH (A) OF THIS SUBSECTION (1), A LEGIBLE PHOTOCOPY OF THE PERMIT; AND

(II) THE RENEWING SHERIFF SHALL CONTACT THE OFFICE OF THE SHERIFF WHO ISSUED THE PERMIT AND CONFIRM THAT THE ISSUEING SHERIFF HAS NOT REVOKED OR SUSPENDED THE PERMIT.

(c) The sheriff shall verify pursuant to section 18-12-205 (4) that the permittee meets the criteria specified in section 18-12-203 (1)(a) to (1)(g) and is not a danger as described in section 18-12-203(2) and shall either renew or deny renewal of the permit in accordance with provisions of section 18-12-206(1). If the sheriff denies renewal of the permit, the permittee may seek a second review of the renewal application by the sheriff and may submit additional information for the record. The permittee may also seek judicial review as provided in section 18-12-207.

(2) A permittee who fails to file a renewal form on or before the permit expiration date may renew the permit by paying a late fee of fifteen dollars in addition to the renewal fee established pursuant to subsection (1) of this section. No permit shall be renewed six months or more after its expiration date, and the permit shall be deemed to have permanently expired. A person whose permit has permanently expired may reapply for a permit, but the person shall submit an application for a permit and the fee required pursuant to section 18-12-205. A person who knowingly and intentionally files false or misleading information or deliberately omits material information required under this section is subject to criminal prosecution for perjury under section 18-8-503.

18-12-210. Maintenance of permit - address change - invalidity of permit.

(1) Within thirty days after a permittee changes the address specified on his or her permit or within three business days after his or her permit is lost, stolen, or destroyed, the permittee shall notify the issuing sheriff of the change of address or permit loss, theft, or destruction. Failure to notify the sheriff pursuant to this subsection (1) is a class 1 petty offense.

(2) If a permit is lost, stolen, or destroyed, the permit is automatically invalid. The person to whom the permit was issued may obtain a duplicate or substitute therefore upon payment of fifteen dollars to the issuing sheriff and upon submission of a notarized statement to the issuing sheriff that the permit has been lost, stolen, or destroyed.

(3) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.

18-12-204. Permit contents - validity - carrying requirements.

(1) (a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.

(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.

(2) (a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the

permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.

(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or

(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.

18-12-205. Sheriff - application - procedure - background check.

(1) (a) To obtain a permit, a person shall submit a permit application on a statewide standardized form developed by the sheriffs and available from each sheriff. The permit application form shall solicit only the following information from the applicant:

(I) The applicant's full name, date of birth, and address;

(II) The applicant's birth name, if different from the name provided pursuant to subparagraph (I) of this paragraph (a), and any other names the applicant may have used or by which the applicant may have been known;

(III) The applicant's home address or addresses for the ten-year period immediately preceding submittal of the application;

(IV) Whether the applicant is a resident of this state as of the date of application and whether the applicant has a valid driver's license or other state-issued photo identification or military order proving residence; and

(V) hether the applicant meets the criteria for obtaining a permit specified in section 18-12-203 (1).

(b) The permit application form shall not require the applicant to waive or release a right or privilege, including but not limited to waiver or release of privileged or confidential information contained in medical records.

(2) (a) An applicant shall complete the permit application form and return it, in person, to the sheriff of the county or city and county in which the applicant resides, to the sheriff of

the county or city and county in which the applicant maintains a secondary residence or owns or leases real property used by the applicant in a business. The applicant shall sign the completed permit application form in person before the sheriff. The applicant shall provide his or her signature voluntarily upon a sworn oath that the applicant knows the contents of the permit application and that the information contained in the permit application is true and correct. An applicant who knowingly and intentionally makes a false or misleading statement on a permit application or deliberately omits any material information requested on the application commits perjury as described in section 18-8-

503. Upon conviction, the applicant shall be punished as provided in section 18-1.3-501. In addition, the applicant shall be denied the right to obtain or possess a permit, and the sheriff shall revoke the applicant's permit if issued prior to conviction.

(b) An applicant shall also submit to the sheriff a permit fee not to exceed one hundred dollars for processing the permit application. The sheriff shall set the amount of the permit fee as provided in subsection (5) of this section. In addition, the applicant shall submit an amount specified by the director of the bureau, pursuant to section 24-72-306, C.R.S., for processing the applicant's fingerprints through the bureau and through the federal bureau of investigation. Neither the permit fee nor the fingerprint processing fee shall be refundable in the event the sheriff denies the applicant's permit application or suspends or revokes the permit subsequent to issuance.

(3) In addition to the items specified in subsection (2) of this section, an applicant, when submitting the completed permit application, shall submit the following items to the sheriff:

(a) Documentary evidence demonstrating competence with a handgun as specified in section 18-12-203 (1) (h); and

(b) A full frontal view color photograph of the applicant's head taken within the thirty days immediately preceding submittal of the permit application; except that the applicant need not submit a photograph if the sheriff photographs the applicant for purposes of issuing a permit. Any photograph submitted shall show the applicant's full head, including hair and facial features, and the depiction of the applicant's head shall measure one and one-eighth inches wide and one and one-fourth inches high.

(4) (a) The sheriff shall witness an applicant's signature on the permit application as provided in subsection (2) of this section and verify that the person making application for a permit is the same person who appears in any photograph submitted and the same person who signed the permit application form. To verify the applicant's identity, the applicant shall present to the sheriff the applicant's valid Colorado driver's license or valid Colorado or military photo identification.

(b) After verifying the applicant's identity, the sheriff shall take two complete sets of the applicant's fingerprints. The sheriff shall submit both sets of fingerprints to the bureau, and the sheriff shall not retain a set of the applicant's fingerprints.

(c) fter receipt of a permit application and the items specified in this section, the sheriff shall verify that the applicant meets the criteria specified in section 18-12-203 (1) and is not a danger as described in section 18-12-203 (2). The verification at a minimum shall

include requesting the bureau to conduct a search of the national instant criminal background check system and a search of the state integrated criminal justice information system to determine whether the applicant meets the criteria specified in section 18-12- 203 (1). In addition, if the applicant resides in a municipality or town, the sheriff shall consult with the police department of the municipality or town in which the applicant resides, and the sheriff may consult with other local law enforcement agencies.

(5) The sheriff in each county or city and county in the state shall establish the amount of the new and renewal permit fees within his or her jurisdiction. The amount of the new and renewal permit fees shall comply with the limits specified in paragraph (b) of subsection (2) of this section and section 18-12-211 (1), respectively. The fee amounts shall reflect the actual direct and indirect costs to the sheriff of processing permit applications and renewal applications pursuant to this part 2.

18-12-206. Sheriff - issuance or denial of permits - report.

(1) Within ninety days after the date of receipt of the items specified in section 18-12- 205, a sheriff shall:

(a) Approve the permit application and issue the permit; or

(b) Deny the permit application based solely on the ground that the applicant fails to qualify under the criteria listed in section 18-12-203 (1) or that the applicant would be a danger as described in section 18-12-203 (2). If the sheriff denies the permit application, he or she shall notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to seek a second review of the application by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

(2) If the sheriff does not receive the results of the fingerprint checks conducted by the bureau and by the federal bureau of investigation within ninety days after receiving a permit application, the sheriff shall determine whether to grant or deny the permit application without considering the fingerprint check information. If, upon receipt of the information, the sheriff finds that the permit was issued or denied erroneously, based on the criteria specified in section 18-12-203 (1) and (2), the sheriff shall either revoke or issue the permit, whichever is appropriate.

(3) (a) Each sheriff shall maintain a list of the persons to whom he or she issues permits pursuant to this part 2. Upon request by another criminal justice agency for law enforcement purposes, the sheriff may, at his or her discretion, share information from the list of permittees with a law enforcement agency for the purpose of determining the validity of a permit. A database maintained pursuant to this subsection (3) and any database operated by a state agency that includes permittees shall be searchable only by name. (b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (3), on and after July 1, 2011, a sheriff shall not share information from the list of permittees with a law enforcement agency for the purpose of creating a statewide database of permittees, and any law enforcement agency that receives information concerning permittees from a sheriff shall not use the information to create or maintain a statewide database of permittees. Any information concerning a permittee that is included in a

statewide database pursuant to paragraph (a) of this subsection (3) shall be removed from the database no later than July 1, 2011.

(II) Prior to the repeal in subparagraph (I) of this paragraph (b), the state auditor's office shall conduct a performance audit of the statewide database of permittees as provided in section 2-3-118, C.R.S.

(c) Except for suspected violations of sections 18-12-105 and 18-12-105.5, a peace officer may not use or search a database of permittees maintained by a law enforcement agency to establish reasonable suspicion for a traffic stop, or when contacting an individual, to justify probable cause for a search or seizure of a person or a person's vehicle or property.

(4) Each sheriff shall annually prepare a report specifying, at a minimum, the number of permit applications received during the year for which the report was prepared, the number of permits issued during the year, the number of permits denied during the year, the reasons for denial, the number of revocations during the year, and the reasons for the revocations. The report shall not include the name of a person who applies for a permit, regardless of whether the person receives or is denied a permit. Each sheriff shall submit the report on or before March 1, 2004, and on or before March 1 each year thereafter, to the members of the general assembly. In addition, each sheriff shall provide a copy of the annual report prepared pursuant to this subsection (4) to a member of the public upon request.

18-12-207. Judicial review - permit denial - permit suspension - permit revocation.

(1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.

(2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure.

(3) Not withstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.

18-12-208. Colorado bureau of investigation - duties.

(1) Upon receipt of a permit applicant's fingerprints from a sheriff pursuant to section 18- 12-205 (4) or upon a sheriff's request pursuant to section 18-12-211 (1), the bureau shall

process the full set of fingerprints to obtain any available state criminal justice information or federal information pursuant to section 16-21-103 (5), C.R.S., and shall report any information received to the sheriff. In addition, within ten days after receiving the fingerprints, the bureau shall forward one set of the fingerprints to the federal bureau of investigation for processing to obtain any available state criminal justice information or federal information.

(2) The bureau shall use the fingerprints received pursuant to this part 2 solely for the purposes of:

(a) Obtaining information for the issuance or renewal of permits; and

(b) Notifying an issuing sheriff that a permittee has been arrested for or charged with an offense that would require revocation or suspension of the permit or that a permittee has been convicted of such an offense.

(3) On or before January 15, 2004, and on or before January 15 each year thereafter until January 15, 2007, the bureau shall provide to the general assembly a list of the jurisdictions in which the sheriff provides to the bureau the names of persons to whom the sheriff issues permits.

18-12-209. Issuance by sheriffs of temporary emergency permits.

(1) Notwithstanding any provisions of this part 2 to the contrary, a sheriff, as provided in this section, may issue a temporary emergency permit to carry a concealed handgun to a person whom the sheriff has reason to believe may be in immediate danger.

(2) To receive a temporary emergency permit, a person shall submit to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist the items specified in section 18-12-205; except that an applicant for a temporary emergency permit need not submit documentary evidence demonstrating competence with a handgun as required under section 18-12-205 (3) (a), and the applicant shall submit a temporary permit fee not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the documents and fee, the sheriff shall request that the bureau conduct a criminal history record check of the bureau files and a search of the national instant criminal background check system. The sheriff may issue a temporary emergency permit to the applicant if the sheriff determines the person may be in immediate danger and the criminal history record check shows that the applicant meets the criteria specified in section 18-12-203; except that the applicant need not demonstrate competence with a handgun and the applicant may be eighteen years of age or older. A temporary emergency permit issued pursuant to this section is valid for a period of ninety days after the date of issuance. Prior to or within ten days after expiration of a temporary emergency permit, the permittee may apply to the issuing sheriff for renewal of the permit. The issuing sheriff may renew a temporary emergency permit once for an additional ninety-day period; except that, if the permittee is younger than twenty-one years of age, the sheriff may renew the temporary emergency permit for subsequent ninety-day periods until the permittee reaches twenty-one years of age.

18-12-212. Exemption.

(1) This part 2 shall not apply to law enforcement officers employed by jurisdictions outside this state, so long as the foreign employing jurisdiction exempts peace officers employed by jurisdictions within Colorado from any concealed handgun or concealed weapons laws in effect in the foreign employing jurisdiction.

(2) Notwithstanding any provision of this part 2 to the contrary, a retired peace officer, level I or Ia, as defined in section 18-1-901 (3) (l) (I) and (3) (l) (II), as said section existed prior to its repeal in 2003, within the first five years after retirement may obtain a permit by submitting to the sheriff of the jurisdiction in which the retired peace officer resides a letter signed by the sheriff or chief of police of the jurisdiction by which the peace officer was employed immediately prior to retirement attesting that the retired officer meets the criteria specified in section 18-12-203 (1). A retired peace officer who submits a letter pursuant to this subsection (2) is not subject to the fingerprint or criminal history check requirements specified in this part 2 and is not required to pay the permit application fee. Upon receipt of a letter submitted pursuant to this subsection (2), the sheriff shall issue the permit. A permit issued pursuant to this subsection (2) may not be renewed. Upon expiration of the permit, the permittee may apply for a new permit as provided in this part 2.

18-12-213. Reciprocity.

(1) A permit to carry a concealed handgun or a concealed weapon that is issued by a state that recognizes the validity of permits issued pursuant to this part 2 shall be valid in this state in all respects as a permit issued pursuant to this part 2 if the permit is issued to a person who is:

(a) Twenty-one years of age or older; and

(b) (I) A resident of the state that issued the permit, as demonstrated by the address stated on a valid picture identification that is issued by the state that issued the permit and is carried by the permit holder; or

(II) A resident of Colorado for no more than ninety days, as determined by the date of issuance on a valid picture identification issued by Colorado and carried by the permit holder.

(2) For purposes of this section, a "valid picture identification" means a driver's license or a state identification issued in lieu of a driver's license.

18-12-214. Authority granted by permit - carrying restrictions.

(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

(a) permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;

(b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;

(c) permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

(a) security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

(c) security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.

18-12-215. Immunity.

(1) The bureau and a local law enforcement agency and an individual employed by the bureau or a local law enforcement agency shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.

(2) A law enforcement officer or agency, medical personnel, and an organization that offers handgun training classes and its personnel who in good faith provide information

regarding an applicant shall not be liable for any damages that may result from issuance or denial of a permit.

POLICY

The Elbert County Sheriff's Office will conduct a criminal history background investigation on all applicants, to include queries of national, state, and local databases and issue or deny a permit within 90 days of receiving a completed application. If the applicant resides in a municipality or town, the Elbert County Sheriff's Office shall consult with the police department of the municipality or town in which the applicant resides. The Elbert County Sheriff's Office may consult with other local law enforcement agencies. Regardless of whether an applicant meets the criteria in the previous section, if the Elbert County Sheriff's Office has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the Elbert County Sheriff's Office may deny the permit.

Accordingly, a permit will routinely be denied to a person whom is:

• Ineligible to possess a firearm pursuant to C.R.S. (Colorado Revised Statutes) 18-12- 108, having been convicted of a felony offense, or convicted of an attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law, or having any unresolved felony charges pending under the laws of this state, any other state, or the United States.

• Convicted of perjury under C.R.S. 18-8-503.

• Previously convicted of third degree assault as described in C.R.S. 18-3-204, misdemeanor third degree sexual assault as described in C.R.S. 18-3-404, misdemeanor child abuse as described in C.R.S. 18-6-401, or any municipal ordinance or law of any other state or the United States that includes similar elements, where the offense involved domestic violence as defined in Code of Federal Regulations, subpart 178.11 and does not have any such unresolved charges pending under the laws of this state, any other state, or the United States.

• Is the subject of an outstanding warrant for arrest.

• Has been adjudicated a juvenile delinquent pursuant to Article 2 of Title 19, C.R.S., or similar laws of any other state for an act that would have constituted a felony had the applicant been an adult at the time of the commission of the act, and does not have any unresolved charges for such an act pending under the laws of this state, any other state, or the United States.

• Is the subject of any valid restraining or emergency protection order, temporary or permanent, issued pursuant to C.R.S. 18-1-1001 or Section 19-2-707, C.R.S. that is in effect at the time the application is submitted.

• Who is an unlawful user of or addicted to any controlled substance as defined in section102 of the Controlled Substances Act (21 U.S.C. 802).

• Chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that the applicant's normal faculties are impaired if the applicant has been committed as an alcoholic pursuant to C.R.S. 25-1- 310or 25-1-311 or has had two or more alcohol-related convictions or revocations under

C.R.S. 42-4-1301 (1) or (2) or 42-2-126, or any law of another state that has similar elements, within the ten-year period immediately preceding the date on which the permit application is submitted. The prohibition specified shall not apply to an applicant who provides an affidavit, signed by a professional counselor who is licensed pursuant to Article 43 of Title 12, C.R.S. and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years; except it shall apply if the person was ever involuntarily committed as an alcoholic.

• Has been adjudicated mentally defective, which includes having been adjudicated incompetent to manage their own affairs, or has been committed to a mental institution.

CONDUCT

A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by State Law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand is a Class 1 Petty Offense.

A person may lawfully possess a handgun or carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed when:

1. The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense [CRS 18-12-204(3)(a)(I)].

2. The handgun is in the possession of a person who is legally engaged in hunting activities within the state of Colorado [C.R.S. 18-12-204(3)(a)(II)].

3. The handgun is in the possession of a person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying the handgun [C.R.S. 18-12-105(2)(a)].

CARRY RESTRICTIONS

A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state except as follows:

1. A person may not carry a concealed handgun into a place where the carrying of firearms is prohibited by Federal Law,

2. A person may not carry a concealed handgun on to the real property, or into any improvements erected thereon, of a public elementary, middle, junior high or high school,

3. A person may not carry a concealed handgun into a public building at which security personnel and electronic weapons screening devices are permanently in place,

4. A person may not carry a concealed handgun where a private property owner, private tenant, private employer or private business entity disallow.

EXPIRATION PERIOD

This permit is valid for a period of five years after the date of issuance and may be renewed as provided in C.R.S. section 18-12-211. A permit issued pursuant to this part, including temporary emergency permits issued pursuant to Section 18-12-209 is effective in all areas of the state, except as otherwise provided in Section 18-12-214.

PERMIT SUSPENSION/REVOCATION/DENIAL

Any peace officer in the state of Colorado may confiscate any concealed handgun permit issued by the issuing Sheriff's Office for delivery to the issuing Sheriff, when the peace officer has reasonable suspicion that the permit holder falls into a category for which the permit would not have been issued initially or would present a danger to himself or herself or others if the permit holder retains the permit. The Elbert County Sheriff will determine whether to suspend or revoke the permit. The suspension or revocation of the permit may be appealed directly to the Sheriff if the permit holder believes the permit was unfairly confiscated and/or revoked.

Any arrest for alcohol/drug violations; or any alcohol or controlled substance abuse will result in suspension of the permit pending legal action on the matter. Any convictions for these charges will result in revocation of the permit.

If the applicant fails to qualify under the criteria listed in section 18-12-203 (1) or that the applicant would be a danger as described in section 18-12-203 (2) and the Sheriff denies the permit application, he or she shall notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to seek a second review of the application by the Sheriff, to submit additional information for the record, and to seek judicial review pursuant to section18-12-207.

TEMPORARY EMERGENCY PERMITS

The Elbert County Sheriff may issue a temporary emergency permit to carry a concealed handgun to a person whom the Sheriff has reason to believe may be in immediate danger.

A person shall submit to the Sheriff of the county in which the person resides or in which their circumstances giving rise to the emergency exist the items specified in C.R.S. 18- 12-205; except that an applicant for a temporary emergency permit need not submit documentary evidence demonstrating competence with a handgun.

The applicant must be eighteen years of age or older.

The applicant shall submit a temporary permit fee of $25.00 to pay for a local background check and a fee of $30.50 to pay for Colorado Bureau of Investigation to conduct a CCIC Fingerprint check and InstaCheck. Total combined fees of $ 55.50, payable to the Elbert County Sheriff’s Office, in the form of a Cashier's Check or Money Order.

A temporary emergency permit is valid for a period of ninety days after the date of issuance, and may be renewed once. If the applicant is under 21 years of age, the sheriff may renew for successive 90-day periods until the applicant reaches the age of 21.

18-1-704 Use of physical force in defense of a person.

1. Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a) The actor has reasonable grounds to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections18-4-202 to 184-204; or

(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section18-3-301 or 18-3-302, robbery as defined in section 184-301 or 184- 302, sexual assault as set forth in section18-3-402 or 18-3-403, or assault as defined in sections 18-3-202 or 18-3-203.

3. Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

(a) with intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or

(b) He is the initial aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively

communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

18-1-704.5 Use of deadly physical force against an intruder.

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions or subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

18-1-705 Use of physical force in defense of premises.

A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

18-1-706 Use of physical force in defense of property.

A person is justified in using reasonably and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force

under these circumstances only in defense of himself or another as described in section18-1-704.

18-1-707 Use of physical force in making an arrest or in preventing an escape.

(1) Except as provided in subsection (2) of this section, a peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary:

(a) To effect an arrest or to prevent the escape from custody of an arrested person unless he knows that the arrest is unauthorized; or

(b) To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect such an arrest or while preventing or attempting to prevent such an escape.

(2) A peace officer is justified in using deadly physical force upon another person for a purpose specified in subsection (1) of this section only when he reasonably believes that it is necessary:

(a) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or

(b) To effect an arrest, or to prevent the escape from custody, of a person whom he reasonably believes:

(I) Has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon; or

(II) Is attempting to escape by the use of a deadly weapon; or

(III) Otherwise indicates, except through a motor vehicle violation, that he

is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay.

(3) Nothing in subsection (2)(b) of this section shall be deemed to constitute justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom he is not seeking to arrest or retain in custody.

(4) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances, which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody. A peace officer who is affecting an arrest pursuant to a warrant is justified in using the physical force prescribed in subsections (1) and (2) of this section unless the warrant is invalid and is known by the officer to be invalid.

(5) Except as provided in subsection (6) of this section, a person who has been directed by a peace officer to assist him to effect an arrest or to prevent an escape from custody is justified in using reasonable and appropriate physical force when and to the extent that he reasonably believes that force to be necessary to carryout the peace officer's direction, unless he knows that the arrest or prospective arrest is not authorized.

(6) A person who has been directed to assist a peace officer under circumstances specified in subsection (5) of this section may use deadly physical force to effect an arrest or to prevent an escape only when:

(a) e reasonably believes that force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or

(b) He is directed or authorized by the peace officer to use deadly physical force and does not know, if that happens to be the case, that the peace officer himself is not authorized to use deadly physical force under the circumstances.

(7) A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence; but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

(8) A guard or peace officer employed in a detention facility is justified:

(a) In using deadly physical force when he reasonably believes it necessary to prevent the escape of a prisoner convicted of, charged with, or held for a felony, or confined under the maximum security rules of any detention facility as such facility is defined in subsection (9) of this section.

(b) In using reasonable and appropriate physical force, but not deadly physical force, in all other circumstances when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the escape of a prisoner from a detention facility.

(9) "Detention facility" as used in subsection (8) of this section means any place maintained for the confinement, pursuant to law, of persons charged with or convicted of an offense, held pursuant to the "Colorado Children's Code," held for extradition, or otherwise confined pursuant to an order of a court.

18-12-105 willfully carrying a concealed weapon - unlawful possession of weapons.

(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

(a) carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official offices of any member, officer, or employee of the general assembly are located.

(d) Deleted by Laws 1993, S.B.93-38, section 1, off. July 1, 1993.

(2) It shall be an affirmative defense that the defendant was:

(a) person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

(c) person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1 as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to Part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of Section 18-12-214; or

(d) A peace officer, level I or level Ia, as defined in section 18-1-901(3)(l)(I) or (3)(l)(II)(A); or

(e) peace officer, level II, as defined in section 18-1-901(3)(1)(III), while on duty; or

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

18-12-105.5 Unlawfully carrying a concealed weapon - unlawful possession of weapons - school, college, or university grounds.

(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901(3)(e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, or high school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution which require

the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(2) Notwithstanding the provisions of section 18-1-106, upon a conviction for a violation of this section either within or upon the grounds of any public or private elementary, middle, junior high, or high school or vocational school, the defendant shall be a special offender and the court, if it determines that incarceration is appropriate, shall be required to sentence the defendant to a term that is greater than the twelve-month maximum sentence specified for the class 2 misdemeanor but not more than twice the twelve-month maximum term specified for the class 2 misdemeanor. In addition to such term of imprisonment, the court shall fine the defendant without suspension at least the maximum fine of one thousand dollars specified for the class 2misdemeanor but not more than ten times the one thousand dollar maximum fine specified for the class 2misdemeanor.

(3) It shall not be an offense under this section if:

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or

(d) The person, at the time to carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1 as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of Section 18-12-214 (3); or

(d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to Part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of Section 18-12-214 (3); or

(e) The person is a school resource officer, as defined in section 22-32-109.1(g.5), C.R.S., or a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(f) and (g) Deleted

(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

18-12-106 Prohibited Use of Weapons

(1) A person commits a class 2 misdemeanor if:

(a) He knowingly and unlawfully aims a firearm at another person; or

(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or

(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or

(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18- 102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to Part 2 of this article is no defense to a violation of this subsection (1).

(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, non-accessible container. For purposes of this paragraph (e) "nunchaku" means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and "throwing star" means a disk having sharp radiating points or any disk- shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.

18-12-110 Forfeiture of firearms.

Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section 16-13-311, C.R.S.

24-20-202 Permit To Bear Arms.

If the governor at any time issues his proclamation as provided in section 24-20-201 declaring the state or any county, city, town, or district within the state to be in a state of riot, or insurrection, or invasion, it is unlawful while said proclamation is in force for any person, firm, or corporation within the territory covered by said proclamation to purchase, manufacture for sale or use, receive, transport, carry, or use any firearm or ammunition or to sell, give away, or otherwise dispose of or permit others to obtain possession of any firearm or ammunition without a written permit from the governor or his regularly authorized representative. No permit shall be issued by the governor or his representative unless and until the person so desiring such permit satisfies the governor or his representative that the

same is to be used in defense of his home, person, or property. This section shall not apply to legally authorized peace officers, or sheriffs, designated by the governor or his representative, or members of the National Guard of Colorado. No permit shall be issued to allow the purchase, manufacture for sale or use, receipt, use, transportation, or disposing of firearms or ammunition by anyone not a citizen of the United States or to anyone who has not been a resident of the state of Colorado for more than one year prior to the issuance of the proclamation mentioned in section 24-20-201.

30-10-523 Sheriff Permits for Concealed Weapons

The sheriff of each county and the official who has the duties of a sheriff in each city and county shall issue written permits to carry concealed handguns as provided in Part 2 of Article 12 of Title 18, C.R.S.

33-6-125 Possession of a Loaded Firearm in a Motor Vehicle

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle- loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the strike rand powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

Total CCW’s in 2016 360 / 265 new and 95 renewals / 2 revocations and 1 denial

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Sheriff Shayne Heap
Elbert County Sheriff's Office
751 Ute Avenue, Kiowa - CO 80117
POB 486
303-805-6105 Office
303-621-2055 Fax
@sheriffheap Twitter
ECSO web site - www.elbertcountysheriff.com<http://www.elbertcountysheriff.com/>
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From: Caroline Curtis

Hi Sheriff Heap,
Thank you so much for your help, I really appreciate it!

Best,
Caroline Curtis

From: Shayne Heap

Glad to help.

Shayne

From: Bart Greer

The purpose of this correspondence is to address your request for particular documents to be made available for inspection under the Colorado Open Records statutes, C.R.S. § 24-72-201 et seq. Specifically, this letter is intended to address your request(s) submitted July 18, 2016, and received via email dated July 18, 2016, with respect to certain records: "Policies and procedures on the issuance of firearms permits and licenses..."

The Colorado Open Records Act embodies several of our core organizational principles: open government, citizen involvement, and organizational accountability. Elbert County government, its Board of County Commissioners, its Elected Officials, and all county employees support the principle of ensuring that we maintain an open and accessible governing body.

We still have not received a request from you for the Elbert County Open Records Request Form. In order to make a formal request you will need to do so with the official County open records request form. If we do receive such a request, we will process it timely. This will be necessary if you wish to receive copies of the records responsive to your request. Please keep this in mind for any request going forward.

While I realize that you were copied on an email that consisted of Sheriff Heap's response, please be advised that we do not typically respond to open records requests with electronic responses. This response should not be considered a response to an official open records request. The only manner in which an official open records request is officially responded to is once it has been formally made, which as aforementioned, requires contacting our office, and making a request with an open records form. If you wish to still do so, please coordinate through Johanna Sanders at (303) 621-3138 to arrange for the acquisition of the open records request form. Once you have submitted the form, you can coordinate with Johanna Sanders for the inspection of documents that are responsive to a request made, as well as for payment for any desired copies in accordance with established Elbert County procedures.
If additional, once an official request is made, any records or documents are discovered which would have been made available for inspection under your request had they been discovered sooner, Elbert County will inform you of such as soon as possible. After your inspection of the available documents, please inform me if you believe an aspect of your request has not been addressed, as we make a commitment to fulfill every request for public records as efficiently and expeditiously as possible within the requirements established under the Colorado Open Records Act.

Sincerely,

Elbert County Government - Open Records

From: Elbert County Sheriff

A fix is required to perfect the request.

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