HB 23-1044

HB 23-1044, known as the Second Amendment Preservation Act, aims to protect gun rights in Colorado by prohibiting state and local entities from enforcing certain federal laws that it deems infringe on the right to bear arms. This includes bans or taxes specifically targeting firearms and their accessories, as well as any registration or tracking requirements for guns. The bill also imposes penalties of up to $50,000 on those who enforce such federal laws within Colorado. Since the bill has been signed into law, it is now active and enforces these protections against what it defines as infringements on gun rights by the federal government.

Official Summary

The bill states that any federal act, law, executive order, administrative order, rule, and regulation (federal laws) that is, or accomplishes, any of the following is an infringement on the right to bear arms in Colorado: A tax, levy, fee, or stamp not common to all other goods and services that is imposed on a firearm, firearm accessory, or ammunition and that might reasonably be expected to create a "chilling effect" on the purchase or ownership of those items by law-abiding citizens; Any registration or tracking of firearms, firearm accessories, or ammunition; Any registration or tracking of the ownership of firearms, firearm accessories, or ammunition; A prohibition on the possession, ownership, use, or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and Any order to confiscate firearms, firearm accessories, or ammunition from law-abiding citizens. The bill prohibits any entity or person from enforcing or attempting to enforce any federal law that infringes on the right to keep and bear arms. The state or a political subdivision that enforces or attempts to enforce a federal law that infringes on the right to keep and bear arms is liable to the injured party and subject to a civil penalty of up to $50,000 per occurrence. The bill prohibits the state or a political subdivision, including a law enforcement agency, from employing a person who, while acting as a federal agent or under color of federal law, knowingly enforced, attempted to enforce, or gave material aid and support to the efforts of another who enforced or attempted to enforce a federal law that infringes on the right to keep and bear arms. The state or a political subdivision who employs the person is subject to a civil penalty of up to $50,000 per employee. (Note: This summary applies to this bill as introduced.)