It would be if Democratic freshman Representative Tom Foote from Boulder had his way. His new bill, HB1043, would change the language of current Colorado state law to say that firing a firearm is use of a deadly weapon no matter what the intent.
Ahhh, to be a freshman legislator and so blissfully unaware of unintended consequences. Foote says that the language change is necessary because it forces prosecutors to prove that a criminal had the intention of using a gun as a deadly weapon. But, Republican legislator from Wray, Greg Brophy, expressed concern that the way the bill currently reads is that just firing a gun would be use of a deadly weapon. The example that Brophy offered the Denver Post:
“[Brophy] said people who are firing at a nearby gun range could be breaking the law if neighbors complain.
‘If you’re firing a gun that scares somebody and you don’t even know they’re around, that could be menacing,’ Brophy said. ‘I just don’t think he (Foote) understands the secondary stage consequences of changing this definition.'”
Unfortunately, intent is a key element in any criminal trial, and if it is too much trouble for prosecutors to also prove intent in crimes, then there might be a larger problem with the case.
Remember when swinging at pitches in batting cages also meant brandishing a deadly weapon? Yeah, we don’t either. Democratic legislators would do well to bench this ridiculous legislation.
I agree with Gerrald run um all out town start over.
Squirrel season would put half the county in jail here!
YES call TOM and ttell him to get his FOOTE out of our butts and get on with other issues. like taking better care of felons who need to stay in prison cause they will kill when they get out. mmmm ask me if you wish. I'm on the trail of one right now in lamar. yikes. I'm a pi too.
Mike Foote, Not Tom.
I may need to fire a deadly weapon someday. I don't think it should be illegal to do so at a range, to protect my family, or our property. It is my RIGHT to do so, not a privilege given to me by any gov. group, or individual.
Unintended consequences? Probably not, he most likely was fully knowledgeable of what the consequences were of his bill. Dems know that passing a bill outlawing firearms is a political non starter. So look for them to find ways to backdoor firearms restrictions.
please call the idiot in Boulder and let him know your feelings. Remember he works for you.