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Concealed Weapons Permits: Database.

By Sheriff Jim Alderden

I hadn’t intended to write another Bull’s-eye so soon, but there is an important bill working its way through the legislature that the reader needs to be aware of: HB-1174. The Senate sponsor is Senator Bob Bacon and the bill concerns the database of Concealed Weapons Permit holders maintained by the Colorado Bureau of Investigation. Under current law, Sheriffs are allowed (not required) to enter CCW permit holders in the database.

The authority to maintain a CCW database expires on July 1, 2007. HB-1174 would remove the sunset provision and still allow Sheriffs to enter permit holders into the database. It also adds the provision that, “A peace officer may not use or search a database of permitees maintained by a law enforcement agency to establish, without additional information, reasonable suspicion for a traffic stop, or when contacting an individual, to justify probable cause, without additional information, for a search or seizure of a person or a person’s vehicle or property.” Unfortunately, as of the date of this writing, the bill appears likely to fail along party line votes. It is regrettable that party politics trumps public safety, and I say this as a staunch Republican and supporter of the right to “keep and bear arms.”

You may recall that I championed the rights of law abiding citizens to obtain Concealed Weapons Permits and issued permits before I was required to by law. In fact, I helped author the current “shall issue” statutes which were modeled on my policy. I testified before the legislature several times on this issue. I also chaired the committee under the Police Officers Standards and Training (POST) Board that enacted POST Rule 27 to comply with the U.S. Law Enforcement Officers Safety Act of 2004. This allows retired peace officers to carry a concealed weapon without a permit subject to certain requirements. When some Sheriffs refused to comply with Rule 27, I offered to verify the retiree’s eligibility regardless of their county of residence. My point is that I am a strong Second Amendment advocate.

The opposition to this bill is putting out a lot of misinformation. Here are the facts and my reasoning for maintaining a database.

• The CCW database in CCIC is a separate database from criminal records and “persons of interest.” It is for CCW permit holders only and does not in any way infer criminal activity or association. I have entered our Detention Deputies and my family members who have CCW permits in this database, and wouldn’t do so if the database was anything other than what it is represented to be.
• In order for permits to be verifiable, to prevent fraud, and for this office to be notified when a CCW permit holder is contacted by law enforcement for a crime, mental hold, or alcohol/drug detox. hold, officers in the field need to be able to access this information 24-7.
• Colorado Sheriffs have revoked permits for dozens of people who committed crimes or had mental episodes based on notification from outside law enforcement agencies. The notifications came as a direct result of the database being queried.
• Several attempts by the media for access to the database information have been refused, and the refusal upheld by the State’s Attorney General, as not being public record.
• The vast majority of permit holders are law-abiding citizens. However, periodically some become involved in domestic violence, drunk driving, etc. I believe I have an obligation to let contacting officers know that the person they are dealing with has a CCW permit, for the officers’ own safety. The database is the only tool we currently have for that purpose.
• When Colorado permit holders travel to other states that may not be familiar with our permits, the database serves as a tool to verify the authenticity of our permits.
• When a permit is revoked, and the permit holder refuses to come to the Sheriff’s Office or surrender the permit, the database is used as a tool to indicate to other law enforcement agencies that the permit has been revoked.
• The CCW entry should serve as a notice to law enforcement agencies that they are dealing with a law-abiding citizen, not a criminal.

I have been a law enforcement officer for over 30 years and feel as strong an obligation to the cops on the street as I do to my constituents. The database is an important tool to help us maintain the integrity of the CCW process and ensure that only individuals who are qualified to have permits by virtue of their character and mental stability are permitted to possess a permit. It appears as if Senator Steve Johnson may be the swing vote on this issue. If you want to register your support for or opposition against HB-1173, Senator Johnson can be reached at 303-866-4853 or steve.johnson.senate@state.co.us.

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