Nearly 37% of Colorado women and 30.5% of Colorado men have experienced intimate partner physical violence, sexual violence or stalking, according to the National Coalition Against Domestic Violence’s 2020 report.
According to The Colorado Division of Justice, more than 18,000 of those Coloradans accessed victim services in 2023.
As The Daily Sentinel previously reported, the 260 programs and organizations that assist and advocate for victims of those crimes face immediate fiscal shortages that would reduce or eliminate many of their services.
Proposition KK, which Coloradans will vote on Tuesday’s election, offers a permanent funding source for those services. However, many gun owners and organizations say Prop KK is an attack on the Second Amendment.
“… while no gun owner would argue that those services aren’t important, it’s simply unfair to fund those programs by overtaxing gun owners,” The Colorado State Shooting Association said in a newsletter.
“We live in a community where we can acknowledge that there is a connection between victimization and guns – we know that,” Violence Free Colorado Public Policy Director Soledad Diaz said. “This is looking within our communities, finding a solution and inviting firearm owners to be part of that solution.”
VICTIM SERVICES
Victim services encompass a wide range, including emergency shelters, sexual assault exams, legal advocacy, victim rights and mental health counseling.
Under state law, those services are provided free to victims of certain crimes, such as homicide, sexual assault, vehicular manslaughter, kidnapping and robbery. Historically, the Victims of Crime Act (VOCA) fund provided substantial funding for those services.
The VOCA fund began to dwindle after 2018, dropping from nearly $57 million to $13.6 million by this year. At the same time, the Colorado Attorney’s General Office reported that domestic violence deaths hit an all-time high in 2022.
According to the Colorado Department of Public Safety, domestic violence cases dropped in 2023 by 0.3%.
The funding for 2025 was anticipated to decrease by another 45%, but Colorado Office of Victim Programs Manager Kelly Kissel said federal and state initiatives have mitigated the cut to a 27% decrease.
Still, the Colorado Division of Justice’s website said that cut will severely limit many providers’ ability to meet the needs of survivors — especially in rural and underserved communities with few or no alternatives.
WHAT TO KNOW ABOUT PROP KK
According to Diaz, the upcoming 2025 cut would reduce many services by about half, and the state simply doesn’t have the funds required; so, Diaz and others in victim services were told to get creative.
In response, House of Representatives Majority Leader Monica Duran, D-Jefferson, sponsored and helped pass the House Bill that became Prop KK — The Excise Tax on Firearms Dealers, Manufacturers and Ammunition Vendors Measure.
Specifically, Prop KK would establish a 6.5% excise tax on the sale of firearms and ammunition; the tax would be levied on manufacturers, dealers, retailers and ammunition vendors.
If passed, Duran said the tax is estimated to produce about $39 million in revenue each year.
From that total, $30 million would go toward the Colorado Crime Victim Services Fund; $5 million would be contributed to veteran mental health services; $3 million would go towards the youth crisis response services; and $1 million would enter the School Disbursement Program Cash Funds.
According to Duran, that tax could translate to an extra $35 on firearms and “a couple of dollars” on ammunition, but it’s up to firearm manufacturers and retailers to decide whether they will pass the cost onto consumers or not.
She said the tax would not impact peace officers, law enforcement agencies, and active duty military; nor would the tax apply to dealers, manufacturers or vendors making less than $20,000 in sales each year
PROPOSITION OPPOSITION
The National Rifle Association, Rocky Mountain Gun Owners and Colorado State Shooting Association all oppose Prop KK.
The Colorado State Shooting Association said in a newsletter that Prop KK is an unconstitutional tax that some firearm retailers see as an attack on the Second Amendment.
“Few things are more frustrating to lawful gun owners than politicians trying to fund one government program or another by placing additional taxes on them, even though they played no hand whatsoever in causing the problem being addressed,” the newsletter said.
In that newsletter, the association dubbed Prop KK a “sin tax,” like those placed on cigarettes, and said that the tax is “likely” unconstitutional under the 2022 ruling of The New York State Rifle & Pistol Association, Inc. v. Bruen.
That Supreme Court case determined the state of New York could not require “proper cause,” or a special need distinguishable from that of the general public, in concealed carry license applications. It does not make a ruling related to taxes.
The Colorado State Shooting Association also noted that a lawsuit has been filed in California against its firearm tax.
“If the Colorado ballot initiative passes, it’s likely pro-gun groups will also be taking that tax scheme to court in the near future,” the newsletter said.
In Mesa County, 50% of all adults own a firearm; 37% percent of Colorado adults — and 30% of adults nationwide — own a firearm.
THE PROPONENT ENDORSEMENT
According to Duran, although Prop KK taxes firearms and ammunition, it is not an attack on one’s Second Amendment right.
“I’m a gun owner myself, and I look at it as a community and state issue,” Duran said. “It’s not a gun bill whatsoever, and it really pains me for those who look at it that way.
“This is really about being responsible for our community and making sure that others out there who went through what I did are able to see light at the end of the tunnel (and) access the help they need, whatever that might be, to get out of a violent situation.”
Although the Colorado State Shooting Association said lawful gun owners play no role in the problem they could be taxed to address, The John Hopkins Bloomberg School of Public Health said gun violence costs Coloradans $11.4 billion per year.
Diaz said in domestic violence situations, access to a firearm in the home makes a fatality five times more likely than if there were not a firearm.
“There’s a lot of responsible gun owners out there that support this excise tax,” Duran said. “The excise tax is on gun manufacturers and the retail stores — we in no way said they need to pass this on to consumers.
“As I said, I am really disappointed that it’s looked at as an infringement on someone’s Second Amendment rights because there is nothing in this ballot initiative that says you cannot do anything whatsoever.”