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State Constitutions

“That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.” - State Constitution of Tennessee

Below is an example of a Colorado specific Questionnaire


NATIONAL RIFLE ASSOCIATION OF AMERICA

POLITICAL VICTORY FUND

11250 WAPLES MILL ROADFAIRFAX, VA 22030-7400 FAX (703) XXX-XXXX

2018 Colorado Candidate Questionnaire

Name: _______________________________________________________________________________________________
Campaign Name: ______________________________________________________________________________________
Address: _____________________________________________________________________________________________

City: ___________________________________________________ Zip Code: ____________________________________
Office Sought: _______________________________ District: ____________________ Party: ________________________
Phone: _________________________________________________ Fax: _________________________________________
Website: ________________________________________ Email: ______________________________________________

For further information on Colorado firearm laws,
please visit www.nraila.org and click on the "Gun Laws" feature located in the menu.

1. Do you agree that the Second Amendment to the United States Constitution guarantees a fundamental, individual right to keep and bear arms that applies to all law-abiding Americans, regardless of where they live in the United States?

___ a. Yes. ___ b. No.

2. Considering current Colorado firearm laws, would you support any additional restrictive state legislation regulating the sale, use or possession of firearms or ammunition?

___ a. Yes, for all firearms and ammunition. Please explain: _______________________________________________________
___ b. Yes, for certain firearms and/or ammunition. Please explain: _________________________________________________
___ c. No, current state firearm laws are sufficient.
___ d. No, current state firearm laws should be improved to benefit law-abiding gun owners and sportsmen in Colorado.

3. Would you support state legislation banning the manufacture, possession, ownership, purchase, sale and/or transfer of any firearm?

___ a. Yes, for all firearms. Please specify type of restriction(s): _____________________________________________________
___ b. Yes, for all handguns. Please specify type of restriction(s): ____________________________________________________
___ c. Yes, for some firearms. Please specify types of firearms/restriction(s): ___________________________________________
___ d. No, I oppose banning the manufacture, possession, ownership, purchase, sale, and/or transfer of any firearm.

4. Would you support state legislation requiring all firearm owners to register their firearm(s) for entry into a centralized state file or database?

___ a. Yes, for all firearms.
___ b. Yes, for all handguns.
___ c. Yes, for some firearms. Please specify: ____________________________________________________________________
___ d. No, I oppose state registration of firearms.

5. Would you support state legislation requiring individuals to obtain a state license* to own, possess or purchase firearms?*Licensing, as used here, refers to state legislation requiring firearm owners to obtain a license from a governmental official or agency to own and possess a firearm; as a general rule, firearm owner licensing laws require fingerprinting, photographing and a background investigation of the applicant. Note: This is different than obtaining a permit to carry a concealed handgun.

___ a. Yes, for owners of all firearms.
___ b. Yes, for owners of all handguns.
___ c. Yes, for owners of some firearms. Please specify: ___________________________________________________________
___ d. No, I oppose state licensing of firearm owners.

6. Many .50 caliber firearms are used in big game hunting and target competition, and the .50 caliber BMG cartridge has been used for nearly a century. Would you support state legislation prohibiting the ownership and/or sale of any .50 caliber firearm and ammunition?

___ a. Yes, I would support such legislation.
___ b. No, I would oppose such legislation.

7. In 1994, Congress imposed a 10-year ban on the manufacture, for sale to private individuals, of various semi-automatic* firearmsit termed “assault weapons,” and of ammunition magazines capable of holding more than 10 rounds of ammunition, which primarily affected handguns designed for self-defense. Congress’ subsequent study of the ban, as well as state and local law enforcement agency reports, showed that contrary to the ban’s supporters’ claims, these firearms and magazines are misused in less than one percent of violent crime. Since this ban expired in 2004, the numbers of these firearms and magazines purchased or owned has risen to all-time highs while violent crime has fallen to an all-time low. Would you support state legislation restricting the possession, ownership, purchase, sale and/or transfer of semi-automatic firearms and/or limits on the capacity of ammunition magazines designed for self-defense?

*Semi-automatic firearms have been commonly used for hunting, target shooting, and self-defense since their introduction in the late 1800s. All semi-automatics fire only one shot when the trigger is pulled. They are not fully-automatic machine guns, which have been strictly regulated under federal law since 1934.

___ a. Yes, I would support such legislation for semi-automatic firearms and magazines.
___ b. Yes, I would support such legislation for semi-automatic firearms only.
___ c. Yes, I would support such legislation for ammunition magazines only. Please specify magazine capacity limit: __________
___ d. No, I would oppose such legislation.

8. Some states have considered legislation prohibiting the sale of more than one firearm per individual in any 30 day period (one- gun-a-month). There is no evidence proving that limiting the number of firearms a law-abiding citizen can purchase in an arbitrary period of time has lowered violent crime rates. Would you support legislation prohibiting an individual who has undergone a criminal background check from purchasing more than one firearm per month?

___ a. Yes, I would support such legislation. Please explain: ________________________________________________________
___ b. Yes, I would support such legislation if it were limited to only handguns.
___ c. No, I would oppose such legislation.

9. In the United States, the number of privately owned firearms is at an all-time high and rises by more than 10 million annually. Meanwhile, the firearm accident death rate has decreased more than 90 percent over the last century. Accidents have declined in part due to NRA firearm safety training programs used by over 100,000 NRA Certified Instructors as well as hundreds of schools, civic groups, and law enforcement agencies. Nevertheless, several states have recently considered legislation to require that locking devices be placed on firearms kept in the home. A lock severely limits the ability to use a firearm for self-defense purposes and potentially increases the risk of a firearm accident. Would you support state legislation requiring locking devices (safes, trigger locks, cable locks, lock boxes, etc.) or other locking procedures for firearms stored in the home?

___ a. Yes.
___ b. No.
___ c. No, I would not support such legislation and would instead support a resolution encouraging Colorado public schools to
adopt NRA’s Eddie Eagle GunSafe® accident prevention program as part of its curriculum.


10. Would you support legislation repealing the state law enacted in 2013 that limits the number of rounds to 15 in a firearm
magazine and allow law-abiding citizens to decide for themselves how many rounds are necessary for self-defense?

___ a. Yes. ___ b. No.

11. In 2013, Colorado enacted House Bill 1229, the “Universal” Background Check Bill, which requires background checks on every sale or transfer of a firearm, even between private individuals or certain family members. Would you support legislation repealing this law?

___ a. No, I would oppose a repeal of background checks on all private sales, including those to family members.
___ b. Yes, I would support a repeal of background checks on private sales, but only to exclude those to immediate family members.
___ c. Yes, I would support a repeal of mandatory background checks on all private sales.

12. Would you support repealing Colorado’s state mandated “Instant Criminal Background Check” law and solely utilizingthe FBI administered National Instant Criminal Background Check System (NICS)?

___ a. Yes. ___ b. No.

13. Colorado charges a fee to access Colorado’s InstaCheck, even though NICS can be accessed for free. This fee amounts to a taxon a prospective gun owner’s fundamental constitutional right when purchasing or transferring a firearm through a Federal Firearms Licensed (FFL) dealer. Would you support repealing these duplicative and unnecessary “gun taxes?”

___ a. Yes. ___ b. No.

14. Colorado law currently bans the concealed, but not the open, carrying of a firearm without a license. Would you support legislation that would – without diminishing the enforceability of any other firearm laws concerning prohibited persons, prohibited places, or prohibited conduct – treat open and concealed carriers alike by repealing the license requirement for the carrying of a concealed firearm? This legislation would not repeal the current licensing system, which would still benefit those who wish to take advantage of license reciprocity agreements when traveling out of state.

___ a. Yes, I would support such legislation.
___ b. No, I would oppose such legislation. Please explain: ________________________________________________________

15. Some law enforcement departments have been destroying confiscated or surrendered sporting and self-defense firearms as wellas outdated department firearms because they feel it is “politically correct.” These firearms are legal products that have value and may be sold or auctioned to a federally licensed firearms (FFL) dealer in order to generate revenue for law enforcement that are in need of additional equipment. Would you support legislation requiring law enforcement departments to auction or sell their confiscated or surrendered firearms to FFL dealers?

___ a. Yes, I would support such legislation.
___ b. No, I oppose such legislation. Please explain: _______________________________________________________________

16. A person in his or her residence who is justified in using deadly force in self-defense is not required to retreat from the threat before doing so. If the person is elsewhere, however, some have argued that retreat should be required if he or she knows that it can be accomplished “with complete safety.” Because self-defense situations typically arise suddenly and unexpectedly, this requires split-second decision making not just as to the necessity of deadly force, but whether a safe retreat is possible. Thus, the risk of a miscalculation in this life-or-death moment is borne by the innocent victim, rather than the aggressor whose actions gave rise to the need for self-defense. Would you support legislation to require a “duty-to-retreat” for a person who is in any place he or she is legally entitled to be and who is otherwise justified, by law, in using deadly force in self-defense?

___ a. Yes.
___ b. No. Please explain: ___________________________________________________________________________________

17. Recently, some employers have extended their “gun-free” workplace rules to employees’ private, locked vehicles in parking lots.Such policies effectively disarm law-abiding citizens, including concealed weapon license holders, from the time they leave their house in the morning until their return home in the evening. Would you support “Employee Protection” legislation that wouldallow law-abiding citizens to keep lawfully transported firearms locked in their personal vehicles while parked on publicly accessible, privately owned parking lots?

___ a. Yes, I would support such legislation.
___ b. No, I would not support such legislation. Please explain: _______________________________________________________

18. Colorado is one of 49 states with some form of firearms preemption. This law guarantees that the state has sole responsibility inthe field of firearm regulations, keeping counties and municipalities from passing a “patchwork” of confusing and conflicting local laws throughout the state. Do you support Colorado’s firearm preemption law?

___ a. Yes, I support Colorado’s firearm preemption law.
___ b. No, I believe Colorado’s firearm preemption law should be repealed.
___ c. I believe Colorado’s preemption law should be strengthened.

19. Do you support the provision of the statewide Concealed Carry Act, as upheld by the Colorado Supreme Court ruling inRegents of the University of Colorado v. Students for Concealed Carry in 2012 that allows persons with a valid concealed handgun permit to legally carry on Colorado colleges and university campuses?

___ a. Yes.
___ b. No. Please explain: ___________________________________________________________________________________

20. Currently, Colorado’s shooting range protection law protects long-standing privately-owned shooting ranges against civil andcriminal penalty from alleged noise complaints. This law is necessary to keep Colorado’s shooting ranges from being forced to close or curtail activities due to court actions or local noise standards imposed on them by a growing and shifting population. Doyou support Colorado’s shooting range protection law?

___ a. Yes. ___ b. No.

21. In some states, gun control supporters have promoted legislation that would require all new firearms to be equipped with“smart” gun features supposedly designed to prevent a firearm from being fired by someone other than its owner. Their proposals range from utilizing fingerprint technology designed to limit functionality to only one authorized user, to placing tracking anddisabling devices in the firearm, which functionally allow the government to track and remotely disable any “smart” gun whichcould be used to the gun owner’s disadvantage. “Smart” gun technologies are still in the developmental stage and studies havefound that they are not technically reliable. Even law enforcement has expressed concerns about its reliability. Gun control advocates never mention the fact that these technologies completely disregard the practicalities of defensive firearm use, are commercially unavailable, are proven unreliable, would constitute a significant invasion of privacy, and will substantially increase the cost of new firearms. Would you support legislation mandating the sale of “smart” guns?

___ a. Yes, I would support such legislation.
___ b. No, I would oppose such legislation.

22. Do you support state legislation imposing a statewide “waiting period” between the purchase and the delivery offirearms?

___ a. Yes, for all firearms. How long? ________________________________________________________________________
___ b. Yes, for all handguns. How long? _______________________________________________________________________
___ c. Yes for some firearms. Please specify: ____________________________________________________________________
___ d. No, I oppose a statewide “waiting period” for firearms purchase.

23. Do you agree that an individual should be entitled to judicial due process – including notice of the relevant accusations, opportunity to appear at a hearing before a neutral judge and to present evidence in his or her favor, and access to legal representation – before the individual is declared legally ineligible to possess firearms or forced to surrender any firearms the individual owns?

___ a. Yes, the Second Amendment is an important liberty interest for all Americans, and it should not be denied without stringent due process.
___ b. No, it’s always better to err on the side of safety where firearms are concerned, even if that results in a person being denied Second Amendment rights without due process.
___ c. Other. Please explain: ___________________________________________________________________________

24. Under current federal law, handgun purchases from a federally licensed dealer are restricted to individuals who have reached the age of 21. Some have argued this purchase restriction should be extended to all firearms, including rifles and shotguns, effectively denying them their Second Amendment rights. In addition, some lawmakers want to go even further and prohibit the possession and ownership of firearms by anyone under the age of 21. The NRA believes that 18-20 year old adults have the same constitutional rights as all Americans, and such restrictions would only limit the right of law-abiding citizens to protect themselves against violent attack while doing nothing to combat crime. Do you believe law abiding adults 18-20 years of age should be prohibited from purchasing or possessing firearms?

___ a. I support extending the current handgun purchase prohibition by those under 21 to include all firearms.
___ b. I support extending the current handgun purchase prohibition by those under 21 to also prohibit possession and ownership of handguns only.
___ c. I support extending the current handgun purchase prohibition by those under 21 to also prohibit the purchase, possession, or
ownership of any firearm.
___ d. I support extending the current handgun purchase prohibition by those under 21 to also prohibit the purchase, possession, or
ownership of semi-automatic rifles and shotguns.
___ e. I oppose any effort to extend the current handgun purchase prohibition in any way. I believe 18-20 year olds have the same
constitutional rights as all citizens.

25. Colorado has thousands of acres of public hunting lands that provide a valuable resource to Colorado hunters by providing them an affordable place to hunt, as well as to pass on the heritage of hunting to future generations. In recent years, several states haveprotected public hunting lands with “No-Net-Loss” legislation. This legislation requires that if an area currently open to publichunting is closed to hunting, the same number of acres of public land must be opened to hunting elsewhere. In other words, it guarantees that there will never be fewer acres of public land open to public hunting than exists today. Would you support “No-Net-Loss” legislation in Colorado?

___ a. Yes, I would support such legislation.
___ b. No, I would oppose such legislation. Please explain: ________________________________________________________

26. Are you a member of the National Rifle Association or any other firearm/shooting sports/sportsmen’s organization?

___ a. Yes. NRA Membership #: ___________________
___ b. No.
Other Organization(s): ________________________________________

27. Have you ever run for or held an elected office?

___ a. Yes. Please specify: ___________________________________________________________________________________
___ b. No.

Please use the space below or a separate sheet of paper for additional comments.
If your campaign has released a position paper on firearms issues, please feel free to include it. Thank you for your time and consideration.

--AUTHORIZATION--
This signature attests that the above information accurately represents the views of the candidate.

Candidate’s Signature: ________________________ Date: ________________________