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Committee adds first‑degree auto theft to weapons‑possession statute; advances bill 6‑5
Summary
The committee voted 6‑5 to add first‑degree motor vehicle theft (repeat offender third conviction) to the "possession of a weapon by a previous offender" statute, sending the amended House Bill 11‑71 to Appropriations after adopting an amendment that narrowed the bill to first‑degree theft only.
The House Judiciary Committee on Thursday voted 6‑5 to send House Bill 11‑71 to the Appropriations Committee after adopting an amendment that narrowed the offense to first‑degree motor vehicle theft as the qualifying predicate for firearm prohibition under Colorado’s possession‑by‑previous‑offender statute.
Sponsor Representative Byrd told the committee the bill “will add first degree auto theft to the convictions that prohibit a person from possessing a firearm.” Byrd and co‑sponsor the Speaker Pro Tem argued repeat auto theft — a third felony motor vehicle theft conviction under current statute — shows a pattern of dangerous behavior and often dovetails with violent crime. The sponsors pointed to court data and task force recoveries to argue there is a meaningful nexus between motor vehicle theft and subsequent violent offenses in Colorado.
Law enforcement witnesses — including members of the Colorado Association of Chiefs of Police, the Colorado State Patrol and the Department of Public Safety — testified in support, saying motor vehicle thefts are frequently used to facilitate other crimes, and in many recoveries investigators find firearms in or near stolen vehicles. Chief Jeff Strassner of Johnstown said “motor vehicle theft is not an isolated offense” and cited data suggesting violent and drug crimes are increasingly tied to vehicle thefts.
Opponents included criminal defense representatives and civil‑liberties advocates. Criminal defense attorney Andrew Sidley Mackey told the committee the bill “is likely unconstitutional” and argued that motor vehicle theft is not inherently a violent crime; he said Palpo statutes that impose lifetime bans without individualized judicial findings of dangerousness raise serious Second Amendment issues. Rocky Mountain Gun Owners and other witnesses warned the measure could strip long‑ago offenders of rights permanently.
Committee members debated legal and practical questions, including whether the statute provides a path to restore rights, the racial and demographic breakdown of auto theft convictions and whether the change would unfairly target vulnerable groups. The committee adopted Amendment L1, narrowing the bill to first‑degree motor vehicle theft (removing second‑ and third‑degree theft from the list), after which sponsors and law enforcement urged the committee to advance the bill.
On a roll call after debate, the committee approved the motion to send House Bill 11‑71 as amended to Appropriations by a 6‑5 vote. The clerk recorded: "On a vote of 6 to 5 that passes."
Supporters said the change is a preventive public‑safety measure; opponents urged caution, arguing the legal standard and the risk of disparate enforcement require further study and could invite litigation.
