Dear M Dean,
Thank you for contacting me regarding my recent vote (vote #237; S.Amdt. 1618 to S.1390) in favor of an amendment concerning concealed firearm permits. I appreciate your taking the time to express your specific views on this important issue.
This vote involved a fundamental Constitutional right, and thereby required carefully balancing states' and individual interests, especially in light of the U.S. Supreme Court's recent holding that individuals have the right to keep and bear arms under federal law.
During the consideration of this proposal, it was argued that since states have different laws governing concealed firearms, it would have swept away Colorado's concealed firearms law and thereby opened the door to illegal activity and created unsafe conditions for our citizens. These were not trivial concerns, and I considered them carefully.
My final judgment was influenced by our experience in Colorado. Colorado passed a law in 2003 that allows Colorado to recognize out-of-state permits from other states that recognize Colorado's law and only requires permit holders to be at least 21 years old. That's it. There are no additional restrictions. Since this law was passed, Colorado has established reciprocity with 27 states - including some states that have less restrictive guidelines and standards for issuing permits. If there were any data suggesting Colorado's law has resulted in an increase in criminal activity or endangered public safety, I might have been concerned. But there is no such evidence, and, surprisingly, Colorado does not keep data on whether crimes have involved the use of firearms secured with out-of-state concealed-carry permits.
This legislation would not have affected any restrictions related to acquiring a firearm or any other law related to firearms and illegal use. Even if a state has a different concealed-carry law, the amendment would not have blocked any fines or penalties - or enforcement against - anyone who might use their firearm illegally or carelessly. It was further suggested that Colorado should not be required to accept out-state permits by 18-year-olds. But federal law restricts the sale of hand guns to individuals who are at least 21 years of age and also restricts possession in cases of mental instability and a host of other categories. There is an exemption in federal law for 18-year-olds who are on active duty or honorably discharged military personnel or law enforcement officers. States that allow concealed-carry permits for 18-year-olds do so in accordance with this federal exemption.
Balancing all these factors and considering my responsibility to give voice to Colorado's own experience, I voted in favor of this amendment, which failed to gain enough support for final passage, and therefore, was not adopted. Looking forward, I will continue to carefully examine each piece of legislation and ask that you continue to share your thoughts and concerns with me.
I will continue to listen closely to what you and other Coloradans have to say about matters before Congress, the concerns of our communities, and the issues facing Colorado and the nation. My job is not about merely supporting or opposing legislation; it is also about bridging the divide that has paralyzed our nation's politics. For more information about my positions and to learn how my office can assist you, please visit my website at www.markudall.senate.gov.
Warm Regards,
Mark Udall
United States Senator, Colorado
MEU/jpw
