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Committee advances bill to make theft of any firearm a felony after amendment; debate centers on deterrence and juvenile diversion
Summary
At a House Judiciary Committee hearing, members advanced House Bill 10-62 after adopting an amendment that makes the theft of any firearm a Class 6 felony and removes the dollar-value thresholds that previously determined whether a firearm theft was charged as a petty offense, misdemeanor or felony.
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At a House Judiciary Committee hearing, members advanced House Bill 10-62 after adopting an amendment that makes the theft of any firearm a Class 6 felony and removes the dollar-value thresholds that currently determine whether a firearm theft is charged as a petty offense, misdemeanor or felony. The committee voted to send the bill to the Appropriations Committee, 6-5.
Supporters of the measure — including elected district attorneys and multiple police chiefs — argued that stolen firearms are a direct feed into violent crime and that making any firearm theft a felony will increase law-enforcement priority and help prevent future shootings. Michael Doherty, district attorney for the 20th Judicial District (Boulder County), said, “Stolen guns, unlike other items that are stolen, stolen guns are never used for an innocent purpose.” John Walsh, district attorney for Denver, told the committee: “The theft of any firearm, regardless of its dollar value, presents a serious risk of future violence to the community.”
The amendment adopted by the committee (labeled L2 during the hearing) narrows the bill to a single offense level: theft of any firearm is a Class 6 felony. Sponsors described the amendment as a response to stakeholder concern about duplicative or stacked charges; Representative Armagost, the bill sponsor, said the amendment “eliminates that” confusion and urged members to vote yes.
Proponents described several practical effects they expect from the change. Travis Sides, district attorney for the 13th Judicial District, told the committee that under current law a person can break into a vehicle, steal a handgun worth less than the $2,000 felony threshold and be charged only with a misdemeanor. “This bill would make it so that the stealing of that gun, even if it's a $200 gun, would be a felony offense,” Sides said.
Law enforcement officials said felony status would change how agencies allocate limited investigative resources. Chief Adam Turk (Greeley) reported a decline in some local categories after recent enforcement and policy work: “Our stolen firearms went down from 115 in 2023 to 81 in 2024.” Several police and sheriff's representatives said that when an offense is a felony it is more likely to be investigated by detectives rather than left to line-level response.
Committee members and others raised concerns about juveniles and diversion. Members asked whether raising the offense to a felony would reduce access to diversion or increase juvenile detention. John Walsh, Denver’s district attorney, said he would not support the bill if it would “result in more juveniles being incarcerated,” and described diversion programs that his office uses: “A felony gun theft charge standing alone would not result in a court detaining a juvenile, nor can any DA's office in the state file such a charge standing alone as an adult charge.” Several other DAs and witnesses told the committee they expect juvenile diversion to remain an option in many jurisdictions.
Other witnesses included gun-shop owners and industry representatives who described smash-and-grab burglaries and the financial and emotional impact on store owners. Teddy Collins, owner of Spartan Defense Armory in Colorado Springs, said his store was struck in a smash-and-grab and that the suspects were released quickly: “These criminals stole multiple firearms and accessories with the intent to most likely distribute these items. Worse than the theft, they caused nearly six figures in damage to my store.” Rocky Mountain Gun Owners said it was neutral on the bill because it worried the bill could be used as a vehicle for additional gun-control measures if amended later.
Committee debate also centered on evidence for deterrence. Some members and witnesses cited motor-vehicle-theft legislation and local data as examples where law changes and enforcement emphasis coincided with declines in theft. Other members and outside researchers cited evidence showing that increasing penalties alone does not reliably deter crime and urged investment in upstream prevention like youth programs and community-based services.
The committee adopted the L2 amendment and then voted to send the amended bill to Appropriations with a favorable recommendation. The clerk recorded a 6-5 committee vote in favor; yes votes included Representatives Armagost, Brooks, Caldwell, Clifford, Espinosa and Kelty. No votes were recorded from Representatives Bacon, Garcia, Zokai, Carter and the chair.
Votes at a glance
- House Bill 10-62 (as amended L2): Committee action — advanced to Appropriations, favorable recommendation, 6-5. Amendment L2 adopted in committee; L2 makes theft of any firearm a Class 6 felony and removes the dollar-value thresholds that previously determined offense level.
- Senate Bill 82 (technical enactment of 2024 statutes): moved to Committee of the Whole, 8-0.
- House Bill 11-40 (sponsor withdrew/support request): postponed indefinitely, 9-0 with 2 excused.
What the bill does (as amended)
- Removes dollar-value cutoffs that currently codify whether a stolen firearm is a petty offense, misdemeanor or felony and makes the theft of any firearm statutorily a Class 6 felony (L2 amendment adopted in committee).
- Leaves sentencing ranges and juvenile court procedures in place; witnesses and DAs told the committee juvenile diversion remains available in many jurisdictions.
Why it matters
District attorneys and police officials told the committee they frequently recover stolen firearms linked to later violent crimes and that reclassifying firearm theft as a felony would raise investigative priority. Supporters argued the change helps law enforcement focus limited resources on cases that pose the largest risk to public safety. Opponents cautioned that felony classifications can expand the long-term consequences for people charged and that criminal-justice outcomes for juveniles vary across jurisdictions.
Next steps
House Bill 10-62 (as amended) will go to the House Appropriations Committee for further consideration. If it clears Appropriations, the bill would proceed to a House floor vote and, if passed, then to the Senate.
