Colorado's Laws: Federal Compliance Or Defiance?

Colorado is a state in the USA with its own unique laws, which sometimes differ from federal laws. For example, Colorado's gun laws are stricter than federal laws, with the state implementing a ban on large-capacity gun magazines and a three-day waiting period for gun purchases. The state also has its own privacy act, which grants consumers new rights with respect to their personal data, and its own meal and rest break laws, which differ from federal laws.

Colorado's gun laws

Gun Ownership and Eligibility

Colorado residents aged 18 and older can own or possess firearms and ammunition unless prohibited by specific criteria. The minimum age to purchase handguns is 21, while individuals aged 18 and above can buy long guns. Background checks by the Colorado Bureau of Investigation (CBI) are mandatory for firearm purchases, and licensed dealers are required for all transactions, including private sales and at gun shows.

Individuals prohibited from owning or purchasing firearms in Colorado include:

• Those with a history of domestic violence offenses or restraining orders related to domestic violence
• People adjudicated as mentally incompetent or committed to mental institutions
• Fugitive from justice
• Unlawful users of or addicted to controlled substances
• Illegal or unlawful aliens
• Dishonorably discharged veterans
• Renounced citizens
• Convicted felons or individuals indicted for crimes punishable by imprisonment exceeding one year, felony attempts, or misdemeanors involving force or threats

Types of Firearms and Permitted Use

Colorado law differentiates between handguns and long guns (rifles and shotguns), with handguns typically subjected to stricter regulations due to their concealability. The state defines and restricts assault weapons based on features like detachable magazines and specific aesthetic characteristics.

Hunting and Sports Shooting

Firearms are commonly used for hunting and sports shooting in Colorado, with specific regulations governing the type of firearms and ammunition used for hunting. Various shooting ranges and clubs provide controlled environments for sports shooting.

Concealed Carry Laws

Colorado residents must meet specific requirements to obtain a concealed carry permit, including undergoing a background check, completing a firearms training course, and providing proof of residency. The state's concealed carry permits are recognised by several other states through reciprocity agreements. However, permit holders must still adhere to the local laws of the reciprocal state they visit.

Even with a concealed carry permit, certain areas in Colorado, such as federal buildings, schools, airports, and courthouses, are off-limits for carrying concealed firearms. Private properties, including businesses and homes, can also prohibit concealed firearms.

Open Carry Regulations

Colorado allows the open carry of firearms in most public places for individuals aged 18 or older who are legally permitted to possess a firearm. However, open carry is generally prohibited in federally designated gun-free zones, including federal buildings, schools, and specific state properties.

Safe Storage and Transport

Colorado law mandates the safe storage of firearms, especially in homes with children or vulnerable individuals. Firearms should be stored in locked containers or secured with gun locks. When transporting firearms in a vehicle, they must be unloaded and kept in a locked container out of plain view, such as the trunk. Handguns can generally be transported in a vehicle without a permit if they are in a carrying case.

Penalties and Legal Consequences

Colorado enforces significant penalties for various gun-related offenses, including unlawful possession of a firearm, carrying a concealed weapon without a permit, brandishing a firearm in a threatening manner, and possessing a firearm as a convicted felon. These offenses can result in fines, imprisonment, or both.

Defenses Against Charges

When facing gun-related charges, common legal defenses include challenging the legality of the search and seizure, demonstrating a lack of intent, and proving lawful possession of the firearm. Attorneys may also argue self-defense or question the credibility of witnesses and evidence.

Expungement and Record Sealing

Colorado offers the possibility of expungement or record sealing for individuals with past gun-related charges, providing a pathway to a fresh start. Expungement involves the complete removal of criminal records, while record sealing restricts public access to them. Eligibility depends on factors like the nature of the offense and the time elapsed since the conviction.

Colorado's privacy laws

On July 7, 2021, Governor Jared Polis signed the Colorado Privacy Act (CPA) into law, making Colorado the third state to pass comprehensive consumer privacy legislation. The CPA is a part of the State of Colorado's Consumer Protection Act and went into effect on July 1, 2023.

The CPA grants Colorado consumers new rights with respect to their personal data, including the right to access, delete, correct, and obtain a copy of their personal data, as well as the right to opt out of the sale of their personal data or its use for targeted advertising or certain kinds of profiling. The CPA also places new obligations on covered entities to safeguard personal data, including the requirement to give Coloradans meaningful information about the collection and use of their data, to conduct data protection assessments, and to obtain consent before processing certain sensitive personal data.

The CPA defines "personal data" as "information that is linked or reasonably linkable to an identified or identifiable individual," but excludes "de-identified data or publicly available information." "Publicly available information" refers to information that is "lawfully made available from federal, state, or local government records" or that "a controller has a reasonable basis to believe the consumer has lawfully made available to the general public." The CPA further clarifies that "personal data" does not include information "maintained for employment records purposes."

The CPA also defines "sensitive data" as personal data revealing racial or ethnic origin, religious beliefs, mental or physical health conditions, sex life or sexual orientation, or citizenship status. It also includes genetic or biometric data used to identify an individual and personal data from a known child.

Under the CPA, consumers have the right to opt out of the processing of their non-sensitive personal data for targeted advertising, the sale of their personal data, or profiling that produces significant legal effects. Consumers can communicate their opt-out choice through a universal opt-out mechanism, which allows them to opt out of data collection from multiple businesses using a single method.

The CPA imposes obligations on both controllers and processors of personal data. A controller determines the purpose and means of collecting and processing personal data, while a processor maintains and processes consumer personal data on behalf of a controller. Both controllers and processors have responsibilities to ensure the security and confidentiality of personal data.

The CPA is enforced by the Colorado Attorney General's Office, which has the authority to hold entities accountable for non-compliance. However, private citizens cannot file lawsuits directly under the CPA; only the Attorney General and District Attorneys can enforce it.

Colorado's break laws

Colorado has several laws that differ from federal laws. For example, under the Fair Labor Standards Act (FLSA), there are no national requirements for meal breaks, but Colorado has defined mandatory break periods for workers. Under the Colorado Overtime and Minimum Pay Standards Order (COMPS), workers are entitled to one 30-minute meal break per every five hours worked. This is in contrast to federal law, where a break is not mandatory regardless of the length of the shift.

Colorado also has stricter gun laws than federal law. For instance, as of January 1, 2024, every gun in Colorado must have a serial number, and the state has a mandatory three-day waiting period for all gun purchases. Additionally, Colorado has raised the minimum age for buying guns from 18 to 21, and prohibits the possession and sale of certain types of firearms and ammunition.

Another area where Colorado law differs from federal law is in the regulation of personal data. The Colorado Privacy Act (CPA), which came into effect on July 1, 2023, grants Colorado consumers new rights regarding their personal data, including the right to access, delete, and correct their personal data, as well as the right to opt out of the sale of their personal data. The CPA places new obligations on entities to safeguard personal data and provide meaningful information about its collection and use.

In addition, Colorado has specific laws regarding the use of mobile devices while driving, requiring cage-free eggs, and allowing undocumented immigrants to obtain driver's licenses. These laws are not addressed by federal law and represent areas where Colorado has chosen to implement its own regulations.

Colorado's driving laws

• Cell phone use: Adult drivers in Colorado are permitted to use their cell phones for voice calls and can wear headphones in one ear for this purpose. However, they are prohibited from manual data entry and transmission on a cell phone (e.g., sending a text message or browsing the internet) while driving. Teen drivers under the age of 18 are prohibited from using a cell phone altogether while driving, including for phone calls.
• Driving without a license: Driving without a license in Colorado is a class A traffic infraction, carrying fines of $15 to $100, a surcharge, and possibly DMV points. If you simply forgot to bring your license with you or if it has been expired for less than a year, it is considered a class B traffic infraction, with the same fines and no DMV points. Traffic infractions do not carry jail time.
• DUI laws: Driving under the influence of alcohol (DUI) is a serious offence in Colorado. If convicted, you may face criminal traffic offense charges, including potential jail time, fines, and driver's license points.
• Turning at red lights: In Colorado, you can turn right at a red light unless a sign prohibits it at the specific intersection. The same rule applies to making a left turn onto a one-way street.
• Bus on the other side of a divided road: You do not have to stop for a bus on the other side of a divided road with a barrier.
• Cyclists: Cyclists must follow the same rules as vehicles, including riding with the flow of traffic and following the usual right-of-way standards.
• Merging: When merging, you must yield the right-of-way to all oncoming vehicles and avoid merging if it means another vehicle must slow down for you.
• Parked car accidents: If you crash into a parked car and cannot find the owner, you must call the police and leave a note.
• Narrow mountain roadways: When two vehicles meet on a steep, narrow one-way road, the vehicle going downhill must yield the right-of-way to the vehicle going uphill.
• Teen driving restrictions: Teens with a permit must be accompanied by a driving instructor, parent, legal guardian, or a licensed adult aged 21 or older in the front seat, buckled up. For the first six months after getting a license, teen drivers cannot have any passengers under 21 unless a parent or licensed adult driver over 21 is in the vehicle. For the next six months, they can have one passenger under 21. At any time, no more than one passenger is allowed in the front seat. All teen drivers and passengers must wear seat belts. For the first year, teen drivers have a curfew and cannot drive between midnight and 5 a.m. unless accompanied by an instructor, parent, or legal guardian, with some exceptions.

Colorado's egg laws

The cage-free requirement was first introduced in a law passed in 2020, with a phased implementation approach. The initial phase, which began on January 1, 2023, required egg facilities to provide each hen with a minimum of 144 square inches of space. The final phase, which took effect on January 1, 2025, mandates that all eggs sold or distributed in Colorado must be from fully cage-free facilities. This makes Colorado the 10th state to implement such a ban, joining the likes of California, Massachusetts, and Oregon.

The law applies to all egg producers in Colorado that house more than 3,000 egg-laying hens. Smaller operations, with 3,000 or fewer hens, are exempt from the cage-free requirements. To ensure compliance, all farms and businesses producing or selling eggs in the state must undergo an annual audit conducted by an accredited certifying agent. The audit results must then be submitted to the Colorado Department of Agriculture (CDA) for certification.

The transition to cage-free egg production is expected to have a financial impact on both farmers and consumers. Reconstructing hen houses and changing operations have resulted in significant costs for farmers, which are likely to be passed on to consumers in the form of higher egg prices. Additionally, the cage-free requirement comes at a time when the industry is already facing challenges due to the nation's worst bird flu outbreak, which has resulted in an 85% loss of egg-laying hens in Colorado.

While the exact impact on egg prices remains uncertain, the combination of increased production costs, inflation, and avian influenza outbreaks is likely to result in higher prices for both consumers and restaurants. However, supporters of the law argue that it is a natural progression in advancing animal welfare and meeting evolving consumer expectations for more humane practices.

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