Pueblo state senator's bill would bar people convicted of auto theft from owning guns

A bill sponsored by Pueblo state Senator Nich Hinrichsen seeks to add aggravated motor vehicle theft to the list of criminal convictions that would prohibit felony offenders from owning firearms in Colorado.

The proposed bill, Senate Bill 22, would enable police to charge people with past auto theft convictions with felony possession of a weapon by a previous offender (POWPO.)

The bill's passage would provide law enforcement with "another tool" to get offenders off the street and cut down on violent crime throughout the state, leaders of Pueblo law enforcement told the Chieftain. Both Pueblo County Sheriff Dave Lucero and Pueblo Police Chief Chris Noeller support the bill.

Under Colorado law, it is a class 5 felony for a person previously convicted of certain felonies to possess, use, or carry a firearm. If the proposed bill were to pass, auto theft would be added to the list.

Currently, only previous offenders convicted of Victims Rights Act offenses — which include crimes such as murder, child abuse, stalking, and sexual assault — are barred from possessing a weapon following the passage of Colorado Senate Bill 271, which took effect in 2022.

Federal law still prohibits gun possession by those with other types of previous felony convictions, but they are no longer prosecuted in Colorado.

"POWPO sort of first came on my radar through conversations with (Noeller)," Hinrichsen told the Chieftain.

"He voiced concerns that some of the POWPO changes from a couple of years ago limited the ability of police to prevent future violent crime. Through research and conversations with other leaders, I reached the same conclusion, in many areas but particularly as it comes to motor vehicle theft."

Hinrichsen noted that he does not expect the bill to be a "cure-all" for violent crime, but expects it will have a dampening effect.

Motor vehicles are frequently used in the commission of other crimes, Noeller told the Chieftain in January.

More:Pueblo sees record high auto thefts in 2022

"The problem with auto theft is it's often looked at as just a property crime ... but a lot of times that car is then used in the commission of other crimes, whether that be drive-by shootings, robberies, or any number of offenses that are significantly more violent than just the theft itself," Noeller said.

Noeller also noted that a majority of auto theft offenders arrested by the Pueblo Police Department are repeat offenders for the charge and that suspects may also be armed when approached by police, making an arrest more dangerous for the officers involved.

The police chief voiced his support for the proposed state bill, calling it a "much needed tool to help us address violent crime in our community."

"Adding auto theft back to the predicate offenses for possession of a weapon by a previous offender allows us to take these individuals off our street and seize their weapons prior to any other crimes taking place," Noeller said.

Lucero, the county sheriff, also has backed the bill.

"I support this bill as it gives law enforcement another tool, especially as we see a rise in aggravated motor vehicle theft," Lucero said.

The city of Pueblo reported a record number of auto thefts in 2022 and saw a 23% increase in motor vehicle thefts over 2021. In 2022, Pueblo reported 1,752 motor vehicle thefts compared to 1,472 in 2021.

Of the vehicles reported stolen in 2022, 1,186 were recovered, some in Pueblo and some outside of city limits, for a 67% recovery rate.

Hinrichsen's bill is continuing to make its way through the legislature. It was passed on third reading in the Senate on March 15 and is now being considered by the Colorado House of Representatives.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

This article originally appeared on The Pueblo Chieftain: Colorado bill would bar people convicted of auto theft from owning guns