Despite a historic crime wave that has left Coloradans awash in surging gun violence and property crimes, Gov. Jared Polis and the hard-left-leaning state legislature have recently enacted laws decriminalizing gun possession by convicted felons, lessening penalties for misuse of firearms, and placing more burdens on law-abiding gun owners.
Aided by the offender-friendly policies implemented by Polis and others over the past several years, Denver and Aurora have seen historic levels of violent crime, the vast majority of which is related to firearms. In 2020, Denver had 95 homicides, 50% more than in 2019 and the highest number in three decades. This year, the homicide pace is even worse. Aurora saw a more than a 45% jump in gun-related homicides from 2019 to 2020. And 2021 is on pace to eclipse that horrible number. There were as many non-fatal shootings in Aurora in the first half of 2021 as there were in all of 2019.
Enter Polis and the progressives with cans of gasoline.
Earlier this month, Polis signed into law a series of statutes touted by progressive Democrats and the unscrutinizing news media as “criminal justice reform.” Indeed, these tone-deaf politicians have significantly changed our system, especially when it comes to firearms.
Senate Bill 271 was hailed as a comprehensive reform of our criminal code related to misdemeanors. What was not hailed or investigated or reported was that the most offender-friendly governor in our lifetimes pushed a bill, entitled “Misdemeanor Reform,” that slipped in a provision carving up a long-existing felony statute and decriminalized gun ownership by tens of thousands of felons, including those convicted of drug dealing, organized crime, burglary, arson, car theft, treason, sedition, anarchy, and inciting a riot to name only a few. Specifically, the bill changes the state’s long-standing laws surrounding possession of a weapon by a previous offender and limits its applicability to only those crimes with victims as defined under the Victim’s Rights Act.
It is unclear if Moms Demand Action, Everytown, Giffords and others, who are front and center for every law impacting lawful gun owners, were supportive or consulted on permitting more guns in the hands of those convicted of committing the most serious level of crimes on our books.
That decision has real-world consequences we can assess right now. On July 9, four people were arrested in a highly publicized incident at the Maven Hotel in Denver involving a significant cache of weapons, drugs, and a concern for a Vegas-style mass shooting on the eve of the MLB All-Star Game. Many of those arrested were charged with Possession of a Weapon by a Previous Offender — a felony — cased upon their past convictions. However, given the criminal histories thus far reported, it appears that none of them would be eligible for such felony charges under Polis’ new law.
Meanwhile, Polis and the Progressives enacted HB1298, making someone convicted of merely misdemeanor assault ineligible to possess a firearm for five years. The result of this schizophrenic approach is that a bar fight will cost the right to bear arms for half a decade, while organized crime, drug dealing or burglary will not prevent the possession of an AR-15.
But Polis and our legislature went further and engaged in deliberate obfuscation. Prior to the stroke of Polis’ Progressive pernicious pen, those who misused firearms–like drunks with guns, shooting guns in the air in our neighborhoods, or pointing a firearm at another person—were punished with sentences of up to one year in jail. Such outrageous and dangerous acts were classified as Second Class Misdemeanors. Polis’ law increases the classification to First Class Misdemeanors. “Wait,” you interrupt, “isn’t that harsher than before?” That is exactly what the anti-public safety politicians want you to think. They would be lying to you.
In the same law, Polis reduced the penalties for First Class Misdemeanors to less than one year in jail–less than the previous sentence for Second Class Misdemeanors—thus, lowering the consequences for misusing firearms in our community. Polis and the legislature chose to make the maximum sentence for all misdemeanors 364 days, coincidentally a sentence that is unlikely to carry adverse immigration consequences for those who are in America in violation of our laws.
Polis did not just provide a vehicle to arm convicted felons and reduce the disincentive to misuse those arms, he also created new limitations and penalties for law-abiding gun owners.
In April, Polis signed two bills criminalizing lawful gun owners who do not adequately store their firearms–including the possibility of jailing them—and criminalizing the failure of victims of burglary and theft to report that their firearms were stolen.
Those who have lived law-abiding lives were again told by Polis and the legislature that we cannot be trusted in the exercise of our Second Amendment rights. On the other hand, those who have been convicted of serious felonies–even multiple felonies—calling into question their judgment and commitment to our laws were told by the same political elites that they can be trusted to possess guns. What’s more, Polis told those who misuse firearms that it was not as big a deal as it used to be. The defining policy of Polis and the Progressives can be simply summed up as: punish the law-followers and reward the law-breakers.
Elections have consequences, but Colorado had no idea that loss of public safety and justice would be among them.
George H. Brauchler is the former district attorney for the 18th Judicial District. Follow him @GeorgeBrauchler.
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