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Colorado lawmaker won't face charges after dropping firearm at Capitol

The general public is barred from bringing weapons past the metal detectors inside, but lawmakers are exempt.

DENVER — The Denver District Attorney's Office will not pursue criminal charges against state Rep. Richard Holtorf (R-Akron), who dropped a firearm in the state Capitol.

The Colorado State Patrol (CSP) was working with the Denver authorities on possible charges. While CSP is assigned to the Capitol, the Denver Police Department would be the charging agency in this case since the Capitol building is in Denver.

Another Republican lawmaker told 9NEWS that on March 14, Holtorf was hurrying to the House chambers for a vote on a third reading amendment when he tripped, causing his gun to fall to the ground. The gun did not discharge and no one was hurt.

"Generally speaking, if someone is in possession of a weapon in the Capitol, there may be a potential charge of unlawful possession of a concealed weapon, depending on the circumstances," a DPD spokesperson said.

In this case, Denver District Attorney Beth McCann's office said Holtorf has a concealed carry permit and was allowed to have his gun. 

"While his actions were not criminal, they were irresponsible and will hopefully serve as an example of why it is so important for everyone's safety that firearms be properly secured and stored," the office said in a statement.

The general public is barred from bringing weapons past the metal detectors inside, but lawmakers have been concealed carrying at the Colorado Capitol for years based on a law that allows people to carry a firearm at their workplace. Per a GOP House spokeswoman, lawmakers can conceal carry in the Capitol with a permit. They do not have to notify troopers that they will be carrying a firearm in the Capitol.

CSP speaks with GOP lawmakers before the session about the protocol with concealed carry, the House spokesperson said.

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