Posted: 4/7/2003 8:24:11 AM EDT
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From: "Bernie Herpin" <[email protected]> Subject: House Bill 1240 Date: Sat, 5 Apr 2003 16:26:49 -0700 Dear Representative Clapp and Senator Dyer, For some unknown reason, "BB" guns have been classified as a deadly weapon. Under legislation passed some years ago, a juvenile in possession of a deadly weapon is subjected to a mandatory 5 day incarceration and, if they demand their right to a trial, can sit in custody for many days. This has happened even for the mere possession of a BB gun. In Colorado Springs recently, the son of a friend of mine was arrested for shooting at paper targets in his backyard even though there was a proper backstop, no one was in danger, and he had his parents' permission. It has long been the practice in our nation for young children to receive a BB gun as a Christmas or birthday present. This is an excellent introduction into the safe handling of firearms in good American tradition. You have fixed this problem with an amendment in the Senate by adding 19-2-508 which allows latitude in determining whether or not a juvenile is a danger to himself or others for the mere possession of a BB gun. Currently, there is no discretion and they are treated the same as a juvenile gang banger in possession of a high capacity handgun. If the juvenile is using a BB gun in a dangerous or threatening manner, there are laws (including existing sections of 19-2-508) that would ensure that they are properly treated. I understand there is a move to remove this amendment in a conference committee. I strongly request that this not be done. We must not traumatize a child who merely possesses a BB gun and is using it in a safe manner. The members of the Pikes Peak Firearm Coalition strongly support this amendment and do not want it removed. You have been strong supporters of our rights and I hope that you will consider this request. Many thanks, Bernie |