Pueblo Police Chief says HB22-1257 misses the mark on addressing repeat felons with guns

PUEBLO, Colo. (KRDO) -- A bill that "reforms the sentencing provisions related to misdemeanors and petty offenses" recently took effect in Colorado. Before, if someone who had already been convicted of a prior crime faced a new, specific charge, they would face the additional charge of Possession of Weapons by Previous Offenders (POWPO). Effective March 1, SB21-271 shortened the list of crimes that would qualify a felon for the charge of POWPO.

Now, the list only includes crimes found in the Colorado Victims Rights act, like murder and rape.

This month, some lawmakers introduced a new bill attempting to add back some felonies to the list. HB22-1257 has already passed in the Colorado House of Representatives.

"When this major bill came through, of course, there were going to be mistakes, and it was being rushed through last year," Rep. Soper said. "Anytime you have a bill that is rushed through you have people sloppily drafting at midnight."

Matt Soper, Republican House Representative for District 54, sponsored HB22-1257 after he voted "no" on the misdemeanor reform bill last year.

HB22-1257 would add around 60 more felony offenses to the list. If passed, felons would lose the ability to own a firearm if charged for the second time.

"We expanded that list to include things like arson, training terrorists, committing acts of terrorism, aggravated cruelty to animals," Rep. Soper said. "These are horrible acts and it's only for violent felonies."

Pueblo Police Chief Chris Noeller says he's been largely against SB21-271 when it was passed last year. Tuesday, Noeller told KRDO that while HB22-1257 attempts to fix the problem, the bill doesn't go far enough.

"Two specifically that I think they missed the boat on is drug offenders, specifically those charged with distribution, and motor vehicle theft," Noeller explained. "I think the legislators and our citizens have recognized the dangers of drugs and guns being in combination with one another."

Noeller told KRDO that many who are charged with drug distribution often plead down to a possession charge, thus reducing jail time. He said allowing people with those kinds of charges access to firearms increases the danger in the community.

"Every time that we execute a search warrant or make an arrest with someone that is armed or potentially armed, it increases the danger for our community, it increases the danger for the suspect we are arresting, and more importantly to me, it increases the dangers to my officers," Noeller said.

Noeller referenced that aggravated motor vehicle theft was on the rise in Pueblo in 2021. Specifically, he mentioned an officer-involved shooting in 2021. In that incident, the suspect allegedly menaced a person who located their stolen vehicle, ran from officers, and eventually exchanged gunfire with officers.

"The argument you get motor vehicle theft is that it's just a property crime, but it's not just a property crime," Noeller said. "Drugs and guns are involved with motor vehicle theft more often than they are not in our experience."

Soper disagrees with that sentiment. He said over 30 experts, defense attorneys, public defenders, a member from the parole board, and specific Sheriffs and State Patrol members came together to develop this list.

"Stealing a car or being a drug dealer in and of themselves are not innately dangerous," Soper said. "Those are taking something and it may be the end result is someone's going to get hurt, but it's not an act of violence, it's not an act of aggression."

In addition to adding more felony offenses, HB22-1257 touches on deferred sentencing of a juvenile defendant. According to the bill text:

"A person convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3 (1), shall stipulate to the conditions specified in section 18-1.3-204 (2)(b). In addition, the stipulation may require the defendant to perform community or charitable work service projects or make donations thereto. Upon full compliance with such conditions by the defendant, the plea of guilty previously entered shall be withdrawn and the charge upon which the judgment and sentence of the court was deferred shall be dismissed with prejudice."

Soper says this part of the bill is all about giving a juvenile the ability to restore their record and their name. Effectively dismissing a previous felony conviction for a juvenile, if the judge sees fit about possession of a handgun.

"We don't necessarily want the youthful bad decisions, when you were just hanging out with your friends, to condemn the rest of your life," Soper said. "We want the ability for a second chance here, and for that particular youth to one day go hunting and have a firearm to protect their family."

Noeller said this part of the bill needs to be more specific. He says it should remove VRA crimes, or crimes like homicide, a serious assault, a shooting, where there is a person who has been victimized from the convictions that can be dismissed or "thrown out."

"Now, a judge, with good cause, where there is no delineation for what needs to be considered for a good cause, the judge shall wipe that out and it is no longer a disqualifying felony for possession of a handgun," Noeller said. "What is being missed is that it is a federal offense to possess a handgun if you are a felon. I don't know what else to say."

Noeller went on to say that if his officers make an arrest and present the case to the Federal Government on a POWPO offense, it will be prosecuted.

He worries that laws like SB21-271 and HB22-1257 aim to reduce the possibility that an individual will be prosecuted within the state of Colorado for the same charge.

"I think that is setting people up for failure," Noeller said. "I think it is bad practice for state law to be counter to federal law."

He mentioned that federal law can override state law when it comes to a felon purchasing a gun.

Noeller explained when you go to buy a firearm at a store, you must fill out an ATF form, or a form from a federal agency. He said an individual must either lie on the form or have someone else purchase the gun for them, which are both illegal.

"So how does someone, who is convicted of a felony, purchase a firearm, whether Colorado says they can or not?" Noeller questioned. "I don't know how those two jive."

Noeller said he believes that there are legislators in Colorado who believe by reducing consequences, there is going to lower crime. However, Noeller believes that mindset has not been effective at dropping crime rates. Rather, he says it has resulted in a 47% increase in violent crime in the state of Colorado.

"I don't know how many times we have to go through this in our country to prove that doesn't work," Noeller said. "There has got to be a more centrist approach to how we look at crime. If you commit a violent crime, you should be in jail."

"The laws that have been passed in the last 8 to 10 years have culminated to the point of where we are today and it has not been helpful for my ability, or my officers' ability to keep our community safe," Noeller said.

Soper says many police chiefs across Colorado like what has been included in HB22-1257, but many know the bill is a "compromise."

"There are some that would like the list expanded, but they understand that this is that sweet policy middle ground where everyone can agree that these are acts that are really egregious in Colorado," Soper said.

Soper went on to say he wasn't sure why SB21-271 passed as quickly as it was, adding that's largely why he opposed the bill.

"I do think you can oppose the underlying policy and still come back and correct the mistakes that were made," Soper said.

HB22-1257 is now in the hands of the Senate Judiciary. After its first committee hearing, it will go to the Senate floor. If it passes in the Senate, it will be on Governor Jared Polis' desk.

Soper says they expect to have it on the governor's desk by Friday, March 11.