DRAFT July 16, 1996 RULES OF THE DENVER POLICE DEPARTMENT CARRYING A WEAPON PERMIT I. Application. The application for a permit to carry a dangerous or deadly weapon shall be made to the Chief of the Denver Police Department ("Chief") on forms furnished by the Department and shall include: A. The name and age of the applicant; B. All residential addresses of the applicant for the last ten (10) years; C. All employment or business addresses of the applicant for the last ten (10) years; D. The year for which such the permit is sought; E. The description, including the serial number, of the dangerous or deadly weapon to be carried and proof of registration of the weapon with the Denver Police Department (Department); F. Whether the permit is to carry the dangerous or deadly weapon in plain view or concealed; G. The justification for the necessity of the applicant to carry a weapon and any facts demonstrating the need to carry a dangerous and deadly weapon; H. Whether the dangerous or deadly weapon will be carried in the applicant's business and any facts which give rise to the need to carry the dangerous or deadly weapon in the business; [No "I" in original] J. Facts which demonstrate the proficiency of the applicant in the care and handling of such weapon; K. Evidence that the Applicant has successfully completed an approved firearms safety course; and L. Three (3) letters of personal reference, and three (3) letters of business reference detailing the relationship between the person writing the letter and the applicant, the duration of the relationship, and personal observations about the applicant. II. Application fees. The application fee for a permit to carry a dangerous and deadly weapon and for the renewal of a permit shall be established by the Chief of Police from time to time at a level sufficient to cover the cost of administering the permit program. Ill. Issuance of the permit. A permit to carry a dangerous or deadly weapon for a period of one year may be issued only when the Chief is satisfied the applicant: A. Is a resident of the City and County of Denver and a citizen or legal resident of the United States; B. Has not renounced his/her United States citizenship or the sovereignty of the government of the United States or its component States; and C. Needs to carry a dangerous or deadly weapon for the defense of self, other persons, or property and the issuance of the permit will not endanger the public. The Chief may limit, restrict, or condition any permit in any manner necessary to carry out the purposes of these Rules, the ordinances of the City and County of Denver, or the laws of the State of Colorado. IV. Review Committee, The Chief shall appoint a Review Committee whose duties shall include the review of all applications to carry a dangerous or deadly weapon. The Review Committee shall: A. Investigate each application for a permit to carry a dangerous or deadly weapon. Such investigation shall ascertain such information as the Chief determines is necessary, but in all cases shall include the following information: 1. The applicant's police record, including N.C.I.C., C.C.I.C., D.C.I.C., and all law enforcement agencies located where the applicant has resided and been employed for the past ten (10) years. 2. Such medical and mental information, including examinations, as is necessary to satisfy the Chief that the applicant will not be a danger to himself or others. The Committee may require the applicant to submit to physical and/or mental examinations, at the cost of the applicant, as part of the investigation. 3. An interview of the applicant. B. Upon completion of the investigation the Review Committee shall forward the application and the results of the investigation to the Chief with findings and recommendations. V. Denial of permit to carry a dangerous or deadly weapon. The Chief may deny a permit to carry a dangerous or deadly weapon under any of the following circumstances: A. The Chief is not satisfied that the applicant has demonstrated a need to carry a dangerous or deadly weapon. B. The Chief is not satisfied that the applicant will not be a danger to himself or others. C. The applicant has a history of mental illness. D. There is evidence that the applicant is in a state of agitation or excitability. E. There is evidence that the applicant is under the influence of alcohol, narcotics, stimulants or depressants or has a history of being a user of or addicted to any controlled substance. F. The applicant is under twenty-one years of age. G. The applicant has been convicted of a felony, has felony charges pending in the State of Colorado or any other jurisdiction within the United States, or a warrant is outstanding for the applicant's arrest. H. The applicant has been convicted of a misdemeanor, ordinance violation, or has been discharged from the armed forces under dishonorable conditions which, based upon the violation and the facts leading to the conviction or discharge, would indicate that the applicant could be a danger to him or herself or others if carrying a dangerous or deadly weapon. I. The applicant has made false or misleading statements in the application or interview. J. The applicant has had a permit to carry a weapon issued by any state or municipality suspended or revoked and the period of suspension or revocation is still in effect. K. The Applicant is subject to an order of court, restraining order, or injunction which is based on a finding by the court that the Applicant is or may be a threat to any person. VI. Permit. Each permit to carry a dangerous or deadly weapon shall contain: A. The name, residence address, business address, Social Security number, drivers license number, and photograph of the licensee; B. A description and serial number of the dangerous or deadly weapon allowed to be carried under the permit; C. Any conditions or limitations on the permit, including limits on the times or circumstances authorized by the permit for carrying of the dangerous or deadly weapon; and D. The expiration date of the permit. VII. Permit limitations. While exercising the privilege granted under the terms of a dangerous and deadly weapon permit, the permittee shall be subject to the following limitations: A. The permittee shall not carry a dangerous or deadly weapon while using or while under the influence of alcohol or a controlled substance. B. The permittee shall not represent himself or herself as a police officer to any person unless he/she is, in fact, a peace officer as defined by the laws of the State of Colorado. C. The permittee shall not unjustifiably display or flourish a dangerous and deadly weapon. D. The permittee shall display the permit and weapon for inspection, when requested to do so by any peace officer. E. The permittee shall surrender the permit when ordered to do so by any peace officer because the permit has been revoked or suspended or because the peace officer has probable cause to believe that the permittee's continued possession of the permit would put the safety of the officer or the public at risk. F. The permittee shall immediately inform the Chief any time the permit is lost or stolen. G. The permittee shall immediately notify the Chief of any changes in any of the information contained in the application, including but not limited to any change in residence or business, change in weapon to be carried, any charges filed against the permit holder, or any arrest of the permit holder. VIII. Renewal. The applicant for renewal of a permit to carry a dangerous and deadly weapon shall file an application at least thirty days prior to the expiration of the existing permit. Any permit which expires before a renewal has been issued shall be surrendered to the Chief and a new application for a permit shall be required. IX. Revocation or suspension of a permit. The Chief may suspend or revoke a permit to carry a dangerous or deadly weapon whenever it is found that: A. The permittee obtained the permit through any fraud or misstatement, B. The permittee breached any condition upon which the permit was issued or failed to comply with the provisions of these Rules or any ordinance of the City or Statute of the State or Federal governments relating to a dangerous or deadly weapon. C. The permittee has used the dangerous or deadly weapon in an unlawful manner. D. The permittee has been arrested or convicted in any jurisdiction of a charge involving a felony, misdemeanor or ordinance violation; and the Chief reasonably believes that, as a result, the character, record, or reputation of the permittee is such that the permit to carry a dangerous or deadly weapon would constitute a hazard or risk to the general welfare of the community. E. A change in the permittee's employment or other status which renders the permit unnecessary. X. Procedure for revocation or suspension. A. Upon a determination by the Chief that a permit should be revoked or suspended, the Chief shall issue a written order of revocation or suspension, setting forth the reason(s) therefore and the determination of whether the permit is revoked for the remainder of its term or suspended for a shorter period. The Chief's decision shall be based on the severity of the reason(s) for the suspension or revocation, its effect on public health, safety and welfare, and the possibility of remedying the grounds for the suspension or revocation. B. The notice of revocation or suspension shall be served upon the permittee by depositing the same in the U.S. Mail addressed to the last known address of the permittee, as indicated by the permit records. XI. Surrender of permit. Within 48 hours after service upon a permittee of the order revoking or suspending a permit, the permittee shall deliver his permit to the Chief or an authorized representative. When a person whose permit has been revoked or suspended fails to surrender the permit, the Chief shall immediately take legal steps to seize such permit. XII. APPEAL. Upon surrender of the permit and within thirty days of the notification of the suspension or revocation, the person who has had their permit suspended or revoked may request in writing a hearing to show cause why the permit should not be suspended or revoked, The hearing shall be held by the Review Committee which after the hearing shall make findings and recommendations to the Chief who may take such action as deemed appropriate. A record of the testimony and evidence presented at the hearing shall be kept.