Senator rolls out contentious background checks legislation to wave of opposition | A LOOK BACK

Thirty-Five Years Ago This Week: It wasn’t news that state legislative hearings are not immune to a bit of drama, but what happened in the Old Supreme Court Chambers when Sen. Pat Pascoe’s, D-Denver, Senate Bill 90-93 came before the...

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Thirty-Five Years Ago This Week: It wasn’t news that state legislative hearings are not immune to a bit of drama, but what happened in the Old Supreme Court Chambers when Sen. Pat Pascoe’s, D-Denver, Senate Bill 90-93 came before the Senate Judiciary Committee surprised even the most seasoned capitol workers. Opponents of Pascoe’s bill, which were to mandate background checks for anyone who wanted to purchase a firearm and induce a waiting period from between 7-21 days, caused a massive turnout of opponents, causing the hearing to be relocated to the larger hearing venue, with some of the attendees unfurling a yellow “Don’t Tread on Me” flag in the crowded seats.

Pascoe said his bill was intended to weed out convicted felons, those with mental illness and those under restraining orders from purchasing firearms. The bill also stipulated that denied requests could be appealed to a three-person board, then to the courts. “There is a 90% nationwide support of this bill and 21 states have already adopted similar bills,” Pascoe told the Senate Judiciary Committee.



Denver Police Chief Ari Zavaras explained to the committee that the bill was in no way a gun ban, but that it would ensure through thorough investigation that “gun owners would be suitable to own guns.” Sheridan police chief Jack Van Arsdol said he was particularly drawn to the educational aspects of the bill, “We have all dealt with the kid who accidentally killed his brother.” Rev.

Gilbert Horn, the executive director of the Colorado Council of Churches, lent his vehement support because it was he, and the members of the 13 other churches in his council, that were the ones who buried the victims of gunshot deaths, who gave eulogies, who comforted friends and family in the aftermath of the tragedies. Pascoe cited several “heat of the moment” shootings that might have been preventable if the shooter had been forced to wait for a background check. One such case was the wounding of a woman and her two daughters by a man who had bought the gun the day before.

But attorney David Kopel joined the large opposition turnout, arguing that background checks had not been effective in other states that had passed similar legislation and the legislation was in serious error assuming criminals would provide correct information for an accurate background check. Kopel also argued that proponents simply could not make any realistic argument that the bill would prevent suicides because “there are too many other ways to take one’s life.” Libertarian Robin Heid testified that the “demand for paperless guns” would increase and the black market would expand to fill the gap.

“It takes guts to protect the rights of people you don’t like.” Fifteen Years Ago: Speaker of the House Terrance Carroll, D-Denver, promised that, regardless of looming budget cuts, criminal justice reform would not be taking a back seat to other matters facing the state. “The more we can stop people from returning to jail or prison and give them alternatives to be productive, the more money we will have in the General Fund for higher education, K-12 education and jobs,” he said.

Carroll told The Colorado Statesman that he expected the Colorado Commission on Criminal and Juvenile Justice to present their recommendations on bills to address escape, probation eligibility, and drug and DUI sentencing. On DUI sentencing, Rep. Claire Levy, D-Boulder, said there was too much inconsistency in the court systems application of state statutes.

“We need to take a tougher approach on repeat offenders,” Levy said, “because they put everyone at risk.” But in a year where the state was facing a monumental $600 million shortfall, Senate Minority Leader Josh Penry, R-Grand Junction, said that it was “highly unlikely” that the Democratic Party majority’s desired criminal justice reform would get much traction. “Right now it’s the tail wagging the dog,” said Penry.

“Public safety is far too important, and the early release so far has been haphazard. The Republican Party will try and block implementation of the early release program when it comes up in budget supplemental hearings.” Rachael Wright is the author of several novels including The Twins of Strathnaver, with degrees in Political Science and History from Colorado Mesa University, and is a contributing writer to Colorado Politics and The Colorado Springs Gazette.

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