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Colorado’s Unconstitutional HB 23-1165: America Dissents
**As Amended**
RE: Written Testimony of Kristie Tertel: National Director of Legislative Policy, The Heller Foundation
ATTN: Senate Local Government and Housing Committee (CO)– Opposition to HB 23-1165: County Authority To Prohibit Firearms Discharge, Amended
April 24, 2023
Dear Honorable Madam Chairman and ranking members of the Senate Local Government and Housing Committee-
My name is Kristie Tertel and I am the National Director of Legislative Policy at The Heller Foundation. I have included my non-profit organization’s written testimony in OPPOSITION to HB23-1165, as amended. The Heller Foundation is a 501c(3) non-profit organization that leads both Colorado and the nation in advocating for our God-given, Constitutionally-entrenched right to bear arms and self-defense. The Second Amendment is a human right. Our tireless work leads the way to setting binding precedent through lawsuits and advocacy for Coloradans and their families. In addition, 2023 marks our 15th year in advancing policy measures to help close the gap between legal and lived equality for all residents of Colorado- and beyond. The Heller Foundation’s ground-breaking work and track record of success proves we have also re-invested time and resources tirelessly throughout the state simply because our organization understands the great importance of adequate, effective representation- not only throughout Colorado; but, across the entire country.
As both a domestic violence and violent crime survivor, I am demanding that the Colorado legislature take accountability for putting women’s lives at risk due to the recent introduction of HB23-1165, as amended. This bill, if passed, illegally and unconstitutionally bars discharging weapons on private property and creates local counties the unchecked power to do so. Crime victims and women need access to private shooting ranges in order to practice with their tool- the great equalizer- a firearm.
Had I been armed and trained, all of this would have been PREVENTED.
Proponents of this anti-woman bill simply don’t care about the lives of the average Colorado resident. Passing HB23-1165 disenfranchises a woman’s human right to self defense by prohibiting practicing its otherwise lawful exercise on privately owned property. Private land owners have the exclusive right to the use and enjoyment of their land and further government infringements on private property rights afforded to land owners is another prime example of the increasingly burdensome government overreach throughout the state of Colorado.
Additionally, The Heller Foundation OPPOSES HB23-1165, as amended, because the only real effect requires law-abiding Coloradans pay to practice at a shooting range, as opposed to practicing on their own private property entirely for free. Passage of this bill is immoral, unethical and discriminatory as it targets stereotypically disenfranchised members of the community- citizens with lower socio-economic status who cannot afford the cost of renting a lane and travel expenses associated with shooting practice at a shooting range, people with physical disabilities unable to drive to a shooting range, residents who live in counties and urban areas- whom a majority of which are women, minorities- without public transportation or direct access to a shooting range due to the lack of ranges in cities, and- perhaps most importantly- the LBGTQ+ community who would not be comfortable practicing shooting in public at shooting ranges in fear of further attacks and discrimination.
Prima facie, HB23- 1165 also unconstitutionally lifts the state preemption that prohibits a county from passing local ordinances prohibiting shooting on both private property and unincorporated parts of the county. It creates 100% discretionary power of county officials to disenfranchise every single American’s God-given, Constitutionally entrenched human right to self defense through unchecked regulation. If passed, the already understaffed, underfunded state government resources would be hyper-focused on defending a plethora of lawsuits from not only The Heller Foundation, but also the National Rifle Association, Gun Owners of America, Firearms Policy Coalition and Rock Mountain Gun Owners. Both national and state pro-freedom organizations are united in OPPOSITION to HB23-1165 and will be expending legal resources immediately, if passed, as this is a gross violation of human rights to residents of Colorado- and Americans.
Under HB 1165, as amended, the definition of a ‘designated area’ would be 35 dwellings per square mile, as opposed to current law defining said ‘designated area’ as ‘areas with at least 100 residents per square mile.’ The breadth and depth population density in counties throughout the state of Colorado are extremely diverse in both population size and geographical mass. An outright ‘state’ ban in HB1165, as amended, discriminates against all counties that do not match the ‘average’ used in determining what qualifies as a ‘designated area’.
Consequently, The Heller Foundation demands all members of the Senate and Senate Local Government and Housing Committee to vote- ‘NO’- -i.e. AGAINST – on Colorado HB23-1165, as amended.
Thank you in advance for any and all consideration on this imminent public policy and Constitutional matter.
Respectfully Submitted,
Kristie J. Tertel
National Director of Legislative Policy,
The Heller Foundation
