DENVER — Denver-area sheriff's offices told Denver7 they plan to comply with Colorado's newest gun law, even as some call the law unconstitutional and an unfunded mandate.
Senate Bill 3 took effect Aug. 1, requiring anyone who wants to buy specified semi-automatic firearms to first obtain an eligibility card from their local sheriff's office, which includes a background check. The next step is to pass a firearms safety course and exam. According to the law, a specified semi-automatic firearm includes a semiautomatic rifle or shotgun with a detachable magazine, or a gas-operated handgun with a detachable magazine.
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The Montezuma County Sheriff's Office said it will not participate in administering eligibility cards, citing funding, staffing and constitutional concerns. The office said the new law does not provide funding for the additional personnel and administrative work needed to process eligibility cards.
Denver7 reached out to 10 sheriff's offices and law enforcement agencies in the Denver area to find out how they plan to respond to the state-mandated eligibility card program.
Sheriff's offices in Douglas, Arapahoe, Adams and Clear Creek counties said they are complying with the new law and will issue eligibility cards to residents. The Denver Police Department said it is accepting and processing applications for residents in Denver County.
The Weld County Sheriff's Office said it is taking part in the mandated process despite staunch opposition from Sheriff Steve Reams. A spokesperson for the office said they do not have concerns about funding or staffing, though they are monitoring the situation.
Elbert County Undersheriff Dave Fisher called the law an "unfunded mandate" and "likely unconstitutional," but said the office has established a process for residents who want to purchase listed firearms. The undersheriff added that requiring a 12-hour, two-day hunter safety course for non-hunting firearm owners "makes no sense." He said the office has three part time employees working to process applications.
The Jefferson County Sheriff's Office said it is enforcing the law and is not considering opting out. A spokesperson for the office said the existing concealed handgun permit vendor will handle the new applications and said it will also accept applications from people who live outside Jefferson County.
Boulder County Sheriff's Office said it is preparing to follow the requirements of the law and is actively working to implement the eligibility card process, while still assessing long-term funding, staffing needs and other operational impacts. The office said it is not considering opting out.
Gilpin County Sheriff's Office said it is complying with the law for county residents. Undersheriff Greg Demo said since August 1, the office has received five applications, which took about four hours to process. He said the office did not need any additional funding or equipment to implement the program.
Denver attorney David Lane said law enforcement has broad authority to make the call on whether to administer the program.
"The U.S. Supreme Court has held repeatedly that law enforcement has almost unbridled discretion to do whatever they want to do as long as they don't violate your constitutional rights," Lane said.
One of the bill's sponsors, State Sen. Tom Sullivan, D-District 27, previously told Denver7 he anticipated pushback from sheriffs.
"Yeah, I am very much concerned," he said. "We've got sheriffs who show up on channels like yours talking about the legislation that we passed being feckless, that it doesn't matter, and they're not going to do anything about it."
The Mountain States Legal Foundation is currently suing to overturn the law, arguing it places an unconstitutional burden on gun buyers. Michael McCoy, director of the foundation's Center to Keep and Bear Arms, is involved in that legal challenge.
"We believe [the law] to be an unconstitutional overreach by the state to make it exceptionally burdensome for people to acquire what are some of the most commonly possessed firearms in this country," McCoy said. "Outside of those people who have lots of time and lots of money on their hands, it's going to make it almost impossible for the regular Coloradoan to go out and buy a gun."
Lane said the legal question of whether the law is constitutional remains unresolved at the highest level.
"The U.S. Supreme Court has said, 'Yeah, gun safety classes. If you are having a concealed weapon, yeah, that's okay, no problem.' But they've never said that about just simple possession of a firearm," Lane said.
