Pikes Peak Firearms Coalition

Fighting SAFE Colorado's Attempt to Restrict Private Property Rights

SAFE (Sane Alternatives to the Firearms Epidemic) Colorado has submitted a ballot initiative that would require a background check for private transfers at gun shows for the November 2000 ballot. In addition, the initiative defines a "gun show" as any one person selling 25 or more firearms or 3 or more people selling a single firearm each. This could turn YOUR HOME into a gun show if, for example, you and two friends are sitting around the table discussing firerams and decide to trade (not even sell) a firearm among each other. Under the proposed initiative, this would constitute a gun show and the three of you would have broken the law if you don't get an FFL dealer to do a background check of each of you before trading firearms.

Summary of Initiative:

  1. Requires a gun show vendor, prior to the transfer or attempted transfer of a firearm, to require a background check on the prospective transferee and obtain approval for the transfer from the Colorado Bureau of Investigation if any part of the transaction occurs at a gun show;
  2. Requires a gun show promoter to arrange for the services of one or more Federally licensed gun dealers to conduct background checks at a gun show;
  3. Prohibits the transfer of a firearm, if any part of the transaction occurred at a gun show, if a background check had not been obtained by a Federally licensed gun dealer;
  4. Requires record keeping and retention by Federally licensed gun dealers who obtain background checks;
  5. Permits Federally licensed gun dealers to charge a fee of up to ten dollars for conducting each back ground check at gun shows;
  6. Requires gun show promoters to prominently post notice of the background check requirement;
  7. Establishes criminal penalties for violations of these requirements;
  8. Exempts transfers of certain antique firearms, relics, and curios from the background check requirement;
  9. Makes definitions; and
  10. Requires the appropriation of funds necessary to implement the measure.

Sequence of events:

bullet March 8, 2000: SAFE Colorado co-founders John Head and Arnold Grossman submit proposed initiative to the Legislative Council and Office of Legislative Legal Services for review.

bullet March 22, 2000: Results of the review are presented to the proponents suggesting several problems and corrections.

bullet March 24, 2000: Proponents submit revised draft to the Colorado Secretary of State for setting of the title, ballot title and submission clause, and summary. Draft failed to incorporate many of the recommended changes from the legal review.

bullet April 5, 2000: Ballot Title Setting Board, consisting of 3 members representing the Secretary of State, the Attorney General, and the Legislative Legal Services, meets and presents their draft of the title, ballot title and submission clause, and summary. Despite numerous objections to the wording and inclusion of more than one subject, the title board set the titles and summary.

bullet April 12, 2000: Motion for a rehearing on the titles and summary were filed by Bernie Herpin (read text) on behalf of himself, Attorney Hugo Teufel (on behalf of an NRA/CSSA member), and Attorney Paul Grant (on behalf of 2 RMGO members).

bullet April 19, 2000: Title board considers motions for rehearing and denies nearly all. Makes minor changes in fiscal impact and adds partial definition of gun show vendor Read text of the Title, Ballot Title and Submission Clause, and Summary; Read text of the initiative

bullet April 24, 2000: Bernie Herpin files a Petition for Review of Action of the Title Board with the Colorado Supreme Court (Case No. 00SA147) (read text).
(read AP story)
(read story in Colorado Springs Independent)

bullet April 26, 2000: CSSA Executive Director Aimee Rathburn files motion for a rehearing on the titles and summary set on April 19, 2000.

bullet May 3, 2000: SAFE begins collecting signatures on initiative. Governor "One-Term" Owens places first signature on petition surrounded such by anti-gun people as Wellington Webb, John Head, Tom Mauser, Arnie Grossman. From TV reports, it looked like only a small number of people showed up.

bullet May 3, 2000: Title board hears motion for rehearing. Title Board rejects jurisdiction to hear motion for rehearing since the initiative is before the Supreme Court, but did rule that IF they had heard the motion they would have denied it!

bullet May 5, 2000: Attorney for SAFE files a motion with Colorado Supreme Court asking them to direct Bernie Herpin to provide more details on the reasons he objected to the decision of the Title Board to deny his request for a rehearing.

bullet May 8, 2000: Bernie Herpin files a motion for "enlargement of time" asking the Supreme Court to delay action on SAFE's motion until after he obtains an attorney.

bullet May 9, 2000: Court gives any party five days to file an answer to the opening briefs when they are received.

bullet May 9, 2000: Denver attorney James O. Bardwell notifies the Court and other parties that he is now representing Bernie Herpin.

bullet May 15, 2000: Bernie Herpin files Petitioner's Brief to the Supreme Court.
(Read text of Brief) (PDF Version)
(read Gazette article)
(read Denver Post article)

bullet May 15, 2000: SAFE files their Opening Brief.

bullet May 15, 2000: Court gives the State a week's extension on submitting their Opening Brief and Wagoner three days.

bullet May 16, 2000: Wagoner and Armstrong/Collins briefs due to the Court.

bullet May 19, 2000: Wagoner files Opening Brief (Case 00SA151). (Download a Word for Windows Copy)

bullet May 22, 2000: We submit Answer Brief in response to SAFE's Opening Brief. (Read text of Brief) (PDF Version)

bullet May 22, 2000: State files their Opening Brief.

bullet May 24, 2000: SAFE attorney claims he never got the May 9th Court order on submitting answer briefs even though it was his request of May 5th for more information that prompted the Court to allow answer briefs. He files a request for more time to do an answer brief.

bullet May 26, 2000: We submit a motion in opposition to SAFE's request for more time. (Read text of this GREAT brief) (PDF Version)

bullet May 26, 2000: Court allows late filing of SAFE Answer Brief without even considering our objection.

bullet May 30, 2000: SAFE attorney files his (late) Answer Brief addressing ONLY issues raised in OUR Answer Brief and not answering our Opening Brief as was the intent of the Court in ordering answer briefs.

bullet May 30, 2000: Wagoner files Answer Brief. (Download a Word for Windows Copy)

bullet May 31, 2000: Rathburn files Opening Brief (Case 00SA166). (Download a Word for Windows Copy)

bullet July 3, 2000: Colorado Supreme Court affirms the actions of the Ballot Title Setting Board denying all challenges. Download a copy of the Court's decision:

bullet Adobe PDF Copy

bullet WordPerfect Copy

bullet Word for Windows Copy

bullet July 19, 2000: Colorado Supreme Court returns jursidiction for titles and summary to the Ballot Title Setting Board (Read Mandate)

bullet August 6, 2000: SAFE submits more than 100,000 signatures.

bullet November 7, 2000: Amendment 22 passes with 70% of the vote.

Help needed: The Pikes Peak Firearms Coalition is covering the expenses (copying, postage, docket and filing fees, etc) of fighting the titles and summary through the Supreme Court. Bernie is not an attorney, but is being assisted, for free, by Douglas Bruce. Denver attorney James Bardwell has offered his services, without charge, to help prepare the Petitioner's Brief and any other remaining documents for the Colorado Supreme Court. The least expensive way to defeat this is to keep it off the November ballot by exercising the rights under the Colorado Constitution and Colorado Revised Statutes to make sure that anything presented to the voters conforms to state law and is clear, unambiguous, concise, and contains no more than a single subject. If you would like to help defray these expenses, you can join the Pikes Peak Firearms Coalition and/or send a donation to PPFC at:

Pikes Peak Firearms Coalition
Attn: Initiative Expense Fund
PO Box 17253
Colorado Springs, CO 80935

If you have questions, please contact Bernie Herpin. Thanks for your support in this important effort to protect our rights.

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