SENATE BILL 25-003
BY SENATOR(S) Sullivan and Gonzales J., Amabile, Bridges, Cutter,
Danielson, Daugherty, Kipp, Kolker, Marchman, Michaelson Jenet,
Rodriguez, Weissman, Winter F., Jodeh, Wallace, Coleman;
also REPRESENTATIVE(S) Boesenecker and Froelich, Duran, Brown,
Camacho, Clifford, Garcia, Gilchrist, Hamrick, Lindstedt, McCormick,
Woodrow, Stewart R., Story, Titone, Bacon, Carter, Joseph, Mabrey, Sirota,
Smith, Velasco, Willford, Zokaie, Espenoza, Jackson, Lindsay, Rutinel.
C
ONCERNING PROHIBITED ACTIVITY INVOLVING SEMIAUTOMATIC FIREARMS ,
AND, IN CONNECTION THEREWITH, PROHIBITING THE MANUFACTURE,
DISTRIBUTION, TRANSFER, SALE, AND PURCHASE OF SPECIFIED
SEMIAUTOMATIC FIREARMS
, CLASSIFYING A DEVICE THAT INCREASES
THE RATE OF FIRE OF A SEMIAUTOMATIC FIREARM AS A DANGEROUS
WEAPON
, AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-12-101, repeal
(1)(g.2); and add (1)(g.7) and (1)(g.8) as follows:
18-12-101. Peace officer affirmative defense - definitions. (1) As
used in this article 12, unless the context otherwise requires:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (g.2) "Machine gun conversion device" means any part designed or
intended, or combination of parts designed or intended, for use in
converting a firearm into a machine gun.
(g.7) "RAPID-FIRE DEVICE" MEANS ANY DEVICE, PART, KIT, TOOL,
ACCESSORY, OR COMBINATION OF PARTS THAT HAS THE EFFECT OF
INCREASING THE RATE OF FIRE OF A SEMIAUTOMATIC FIREARM ABOVE THE
STANDARD RATE OF FIRE FOR THE SEMIAUTOMATIC FIREARM THAT IS NOT
OTHERWISE EQUIPPED WITH THAT DEVICE
, PART, OR COMBINATION OF PARTS.
(g.8) "S
EMIAUTOMATIC FIREARM" MEANS A FIREARM THAT IS NOT A
MACHINE GUN AND THAT
, UPON INITIATING THE FIRING SEQUENCE, FIRES THE
FIRST CHAMBERED CARTRIDGE AND USES A PORTION OF THE ENERGY OF THE
FIRING CARTRIDGE TO EXTRACT THE EXPENDED CARTRIDGE CASE
, CHAMBER
THE NEXT ROUND
, AND PREPARE THE FIRING MECHANISM TO FIRE AGAIN , AND
REQUIRES A SEPARATE PULL
, RELEASE, PUSH, OR INITIATION OF THE TRIGGER
TO FIRE EACH CARTRIDGE
. "SEMIAUTOMATIC FIREARM " INCLUDES A
SEMIAUTOMATIC RIFLE
, SEMIAUTOMATIC SHOTGUN , OR SEMIAUTOMATIC
HANDGUN
.
SECTION 2. In Colorado Revised Statutes, add 18-12-116 as
follows:
18-12-116. Enforcement of large-capacity magazine ban by
regulating the manufacture, distribution, transfer, sale, and purchase
of specified semiautomatic firearms - penalties - definitions. (1) A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
YCLE THE ACTION" MEANS TO EXTRACT THE FIRED CARTRIDGE
CASE
, CHAMBER THE NEXT CARTRIDGE , AND PREPARE THE FIRING
MECHANISM TO FIRE AGAIN
.
(b) "D
ETACHABLE MAGAZINE " MEANS AN AMMUNITION FEEDING
DEVICE THAT IS NOT PERMANENTLY ATTACHED TO A FIREARM AND MAY BE
REMOVED FROM THE FIREARM WITHOUT RENDERING THE FIREARM
INCAPABLE OF ACCEPTING ANY MAGAZINE
. "DETACHABLE MAGAZINE" DOES
NOT INCLUDE AN ATTACHED TUBULAR MAGAZINE LOCATED UNDER THE
BARREL OF A FIREARM
.
PAGE 2-SENATE BILL 25-003 (c) "GAS-OPERATED SEMIAUTOMATIC HANDGUN " MEANS ANY
SEMIAUTOMATIC HANDGUN THAT HARNESSES OR TRAPS A PORTION OF THE
HIGH
-PRESSURE GAS FROM A FIRED CARTRIDGE TO CYCLE THE ACTION USING
ANY OF THE FOLLOWING
:
(I) A
LONG-STROKE PISTON SYSTEM IN WHICH GAS IS VENTED FROM
THE BARREL TO A PISTON THAT IS MECHANICALLY FIXED TO THE BOLT GROUP
AND MOVES TO CYCLE THE ACTION
;
(II) A
SHORT-STROKE PISTON SYSTEM IN WHICH GAS IS VENTED FROM
THE BARREL TO A PISTON THAT MOVES SEPARATELY FROM THE BOLT GROUP
SO THAT THE ENERGY IS IMPARTED THROUGH A GAS PISTON TO CYCLE THE
ACTION
;
(III) A
SYSTEM THAT TRAPS AND VENTS GAS FROM EITHER THE
BARREL OR THE CHAMBER TO DIRECTLY STRIKE OR IMPINGE THE BOLT
, BOLT
CARRIER
, OR SLIDE ASSEMBLY, TO UNLOCK AND CYCLE THE ACTION ;
(IV) A
HYBRID SYSTEM THAT COMBINES ELEMENTS OF A SYSTEM
DESCRIBED IN SUBSECTION
(1)(c)(I) OF THIS SECTION WITH A SYSTEM
DESCRIBED IN SUBSECTION
(1)(c)(II) OR (1)(c)(III) OF THIS SECTION TO
CAPTURE GAS VENTED FROM THE BARREL TO CYCLE THE ACTION
; OR
(V) A BLOWBACK-OPERATED SYSTEM THAT DIRECTLY UTILIZES THE
EXPANDING GASSES OF THE IGNITED PROPELLANT POWDER ACTING ON THE
CARTRIDGE CASE TO DRIVE THE BREECHBLOCK OR BREECH BOLT REARWARD
.
(d) (I) "S
PECIFIED SEMIAUTOMATIC FIREARM " MEANS ANY OF THE
FOLLOWING
, EXCEPT AS PROVIDED IN SUBSECTION (1)(d)(II) OF THIS
SECTION
:
(A) A
SEMIAUTOMATIC RIFLE OR SEMIAUTOMATIC SHOTGUN WITH A
DETACHABLE MAGAZINE
; OR
(B) A GAS-OPERATED SEMIAUTOMATIC HANDGUN WITH A
DETACHABLE MAGAZINE
.
(II) "S
PECIFIED SEMIAUTOMATIC FIREARM " DOES NOT INCLUDE:
(A) A
FIREARM DESIGNED TO ACCEPT, AND CAPABLE OF OPERATING
PAGE 3-SENATE BILL 25-003 ONLY WITH, .22 OR LOWER CALIBER RIMFIRE AMMUNITION , UNLESS THE
FIREARM HAS A SEPARATE UPPER AND LOWER RECEIVER
;
(B) A
FIREARM THAT IS MANUALLY OPERATED BY BOLT , PUMP,
LEVER, OR SLIDE ACTION;
(C) A
FIREARM THAT HAS A PERMANENTLY FIXED MAGAZINE THAT
CANNOT ACCEPT MORE THAN FIFTEEN ROUNDS OF AMMUNITION
, INCLUDING
A SEMIAUTOMATIC FIREARM THAT HAS BEEN CONVERTED TO HAVE A
PERMANENTLY FIXED MAGAZINE THAT CANNOT ACCEPT MORE T HAN FIFTEEN
ROUNDS OF AMMUNITION
;
(D) A
SINGLE OR DOUBLE ACTION SEMIAUTOMATIC HANDGUN THAT
USES RECOIL TO CYCLE THE ACTION OF THE HANDGUN
;
(E) T
HE FOLLOWING MODELS OF FIREARMS , AS THEY EXIST AND ARE
CONFIGURED ON THE EFFECTIVE DATE OF THIS SECTION
: AG42 LJUNGMAN;
B
ENELLI ARGO E PRO; BENELLI R1 BIG-GAME RIFLE; BROWNING BAR MK
3;
BROWNING BAR LONGTRAC RIFLE; BROWNING BAR SHORTTRAC RIFLE;
F
ABRIQUE NATIONALE MODEL 49, COMMONLY KNOWN AS FN49; FUSIL
AUTOMATIQUE MODELE 1917, ALSO KNOWN AS RSC M1917; GEWEHR 43;
G
LOBCO MOHAWK; HAKIM RIFLE; HK SL6; HK SL7; M1 CARBINE; M1941
J
OHNSON RIFLE; MARLIN CAMP CARBINE; MAS49; REMINGTON MODEL 4;
R
EMINGTON MODEL 8; REMINGTON MODEL 740; REMINGTON MODEL 742;
R
EMINGTON MODEL 750; REMINGTON 7400; RUGER DEERFIELD CARBINE;
R
UGER MINI-14 RANCH RIFLE; RUGER MINI THIRTY RIFLE; RUGER MODEL
44; SPRINGFIELD ARMORY M1A STANDARD ISSUE RIFLE; SVT 40; VALMET
HUNTER M88; VZ.52; WINCHESTER MODEL 100; WINCHESTER MODEL
1905; WINCHESTER MODEL 1907; AND WINCHESTER MODEL 1910;
(F) A
FIREARM THAT HAS BEEN MADE PERMANENTLY INOPERABLE ;
OR
(G) AN ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16),
OR A CURIO OR RELIC, AS DEFINED IN 27 CFR 478.11.
(2) O
N OR AFTER AUGUST 1, 2026, IT IS UNLAWFUL FOR ANY PERSON
TO KNOWINGLY MANUFACTURE
, DISTRIBUTE, TRANSFER, SELL, OR PURCHASE
A SPECIFIED SEMIAUTOMATIC FIREARM
; EXCEPT THAT A PERSON MAY SELL
OR TRANSFER A SPECIFIED SEMIAUTOMATIC FIREARM TO AN INDIVIDUAL
PAGE 4-SENATE BILL 25-003 RESIDING IN ANOTHER STATE OR A FEDERALLY LICENSED FIREARM DEALER .
(3) S
UBSECTION (2) OF THIS SECTION DOES NOT APPLY TO:
(a) T
HE MANUFACTURE FOR , TRANSFER OR SALE OF A SPECIFIED
SEMIAUTOMATIC FIREARM TO
, OR RECEIPT OR PURCHASE OF A SPECIFIED
SEMIAUTOMATIC FIREARM BY
:
(I) A
FEDERAL, STATE, LOCAL, OR TRIBAL LAW ENFORCEMENT
AGENCY FOR THE PURPOSE OF EQUIPPING THE AGENCY
'S PEACE OFFICERS;
(II) A
PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101, WHO IS
CERTIFIED BY THE PEACE OFFICER STANDARDS AND TRAINING BOARD
CREATED IN SECTION
24-31-302, IF THE AGENCY THAT EMPLOYS THE PEACE
OFFICER REQUIRES OR PERMITS THE PEACE OFFICER TO CARRY A SPECIFIED
SEMIAUTOMATIC FIREARM FOR USE IN THE PEACE OFFICER
'S OFFICIAL
CAPACITY
;
(III) T
HE DEPARTMENT OF CORRECTIONS , THE WARDEN OF A PRISON,
THE SUPERINTENDENT OF A FACILITY IN WHICH A PERSON HAS BEEN PLACED
BY TRANSFER FROM A CORRECTIONAL FACILITY PURSUANT TO SECTION
17-23-101, THE KEEPER OF A JAIL, OR THE HEAD OF ANY OTHER INSTITUTION
FOR THE DETENTION OF PEOPLE ACCUSED OR CONVICTED OF AN OFFENSE
, IN
ORDER TO EQUIP STAFF FOR THE PERFORMANCE OF THEIR OFFICIAL DUTIES
;
(IV) A
N ENTITY THAT OPERATES AN ARMORED VEHICLE BUSINESS
FOR USE BY AN AUTHORIZED EMPLOYEE OF THE ENTITY WHILE IN THE
COURSE AND SCOPE OF THE EMPLOYEE
'S DUTIES; OR
(V) AN INSTRUCTOR OF AN ACCREDITED GUNSMITHING COURSE IN A
STATE
-AUTHORIZED INSTITUTION OF HIGHER EDUCATION OR AN INSTITUTION
REGULATED BY THE
COLORADO DIVISION OF PRIVATE OCCUPATIONAL
SCHOOLS FOR THE PURPOSES OF EDUCATIONAL INSTRUCTION OR
MANUFACTURE
, REPAIR, OR MAINTENANCE OF A SPECIFIED SEMIAUTOMATIC
FIREARM DURING THE COURSE OF EDUCATIONAL INSTRUCTION
;
(b) T
HE MANUFACTURE FOR , TRANSFER OR SALE OF A SPECIFIED
SEMIAUTOMATIC FIREARM TO
, OR RECEIPT OR PURCHASE OF A SPECIFIED
SEMIAUTOMATIC FIREARM FOR USE BY
, MEMBERS OF THE ARMED SERVICES
OR RESERVE FORCES OF THE
UNITED STATES OR OF THE COLORADO
PAGE 5-SENATE BILL 25-003 NATIONAL GUARD, IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES;
(c) T
HE TRANSFER OF A SPECIFIED SEMIAUTOMATIC FIREARM TO , AND
RECEIPT OF A SPECIFIED SEMIAUTOMATIC FIREARM BY
:
(I) A
FEDERALLY LICENSED FIREARMS DEALER FOR TEMPORARY
STORAGE OR PERMANENT DISPOSAL
;
(II) A
GUNSMITH FOR THE PURPOSES OF MAINTENANCE , REPAIR, OR
MODIFICATION AND THE SUBSEQUENT RETURN OF THE SPECIFIED
SEMIAUTOMATIC FIREARM TO THE LAWFUL OWNER
, UNLESS THE GUNSMITH
HAS REASON TO BELIEVE THAT THE LAWFUL OWNER IS PROHIBITED BY LAW
FROM POSSESSING THE SPECIFIED SEMIAUTOMATIC FIREARM
; OR
(III) A STUDENT OF AN ACCREDITED GUNSMITHING COURSE IN A
STATE
-AUTHORIZED INSTITUTION OF HIGHER EDUCATION OR AN INSTITUTION
REGULATED BY THE
COLORADO DIVISION OF PRIVATE OCCUPATIONAL
SCHOOLS FOR THE PURPOSES OF EDUCATIONAL INSTRUCTION OR
MANUFACTURE
, REPAIR, OR MAINTENANCE OF A SPECIFIED SEMIAUTOMATIC
FIREARM DURING THE COURSE OF THE STUDENT
'S EDUCATIONAL
INSTRUCTION
;
(d) T
HE SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM TO , AND
PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM BY
, AN INSTITUTION OF
HIGHER EDUCATION THAT OPERATES
, OR AN INSTRUCTOR OF , AN
EDUCATIONAL PROGRAM APPROVED BY THE GOVERNING BOARD OF A PUBLIC
INSTITUTION OF HIGHER EDUCATION OR THE
COLORADO DIVISION OF PRIVATE
OCCUPATIONAL SCHOOLS
, FOR USE AND STORAGE AT THE LOCATION OF THE
EDUCATIONAL PROGRAM
;
(e) T
HE TRANSFER OR SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM
TO
, AND RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM
BY
:
(I) A
PERSON WHO:
(A) C
OMPLETED A HUNTER EDUCATION COURSE CERTIFIED BY THE
DIVISION OF PARKS AND WILDLIFE
, AS DESCRIBED IN SECTION 33-6-107 (8),
AND, WITHIN FIVE YEARS BEFORE MAKING THE PURCHASE , COMPLETED A
BASIC FIREARMS SAFETY COURSE DESCRIBED IN SUBSECTION
(5) OF THIS
PAGE 6-SENATE BILL 25-003 SECTION;
(B) W
ITHIN FIVE YEARS BEFORE MAKING THE PURCHASE, COMPLETED
AN EXTENDED FIREARMS SAFETY COURSE DESCRIBED IN SUBSECTION
(5) OF
THIS SECTION
; OR
(C) COMPLETED AN EXTENDED FIREARMS SAFETY COURSE MORE
THAN FIVE YEARS BEFORE MAKING THE PURCHASE AND COMPLETED A BASIC
FIREARMS SAFETY COURSE WITHIN FIVE YEARS BEFORE MAKING THE
PURCHASE
;
(II) A
FEDERAL, STATE, OR LOCAL HISTORICAL SOCIETY, MUSEUM, OR
INSTITUTIONAL COLLECTION THAT IS OPEN TO THE PUBLIC
, IF THE SPECIFIED
SEMIAUTOMATIC FIREARM IS RENDERED PERMANENTLY INOPERABLE PRIOR
TO THE SALE OR TRANSFER
; AND
(III) A FORENSIC LABORATORY, OR ANY AUTHORIZED AGENT OR
EMPLOYEE OF THE LABORATORY
, FOR USE EXCLUSIVELY IN THE COURSE AND
SCOPE OF FORENSIC ANALYSIS
;
(f) A
TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSE
OF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR IS AN
EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF A TRUST
CREATED IN A WILL
; AND
(g) THE MANUFACTURE, DISTRIBUTION, TRANSFER, SALE, OR RENTAL
OF A SPECIFIED SEMIAUTOMATIC FIREARM CAPABLE OF ONLY FIRING BLANKS
BY
, OR RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM
CAPABLE OF ONLY FIRING BLANKS FROM
, A FEDERALLY LICENSED FIREARM
DEALER
, FOR USE SOLELY AS A PROP FOR A FILM, AS DEFINED IN SECTION
24-48.5-114.
(4) (a) A
PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION
COMMITS UNLAWFUL MANUFACTURE
, DISTRIBUTION, TRANSFER, SALE, OR
PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM
.
(b) U
NLAWFUL MANUFACTURE , DISTRIBUTION, TRANSFER, SALE, OR
PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM IS A CLASS
2
MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE IS A
CLASS
6 FELONY.
PAGE 7-SENATE BILL 25-003 (5) (a) (I) A BASIC FIREARMS SAFETY COURSE AND AN EXTENDED
FIREARMS SAFETY COURSE MUST BE TAUGHT BY AN INSTRUCTOR VERIFIED
BY A SHERIFF AS A FIREARMS INSTRUCTOR PURSUANT TO SECTION
18-12-202.7. A BASIC OR EXTENDED FIREARMS SAFETY COURSE MUST BE
HELD IN PERSON WITH THE INSTRUCTOR OF THE CLASS AT THE SAME
LOCATION AS THE STUDENTS AND NO PART OF THE CLASS MAY BE
CONDUCTED VIA THE INTERNET
.
(II) I
N ORDER TO ENROLL IN A BASIC OR EXTENDED FIREARMS SAFETY
COURSE
, A PERSON MUST HOLD A VALID FIREARMS SAFETY COURSE
ELIGIBILITY CARD
, AS DESCRIBED IN SUBSECTION (5)(b) OF THIS SECTION.
B
EFORE ALLOWING A STUDENT TO ATTEND A COURSE , THE INSTRUCTOR
SHALL VERIFY THAT THE STUDENT HOLDS A VALID FIREARMS SAFETY COURSE
ELIGIBILITY CARD BY REQUESTING INFORMATION FROM THE FIREARMS
TRAINING AND SAFETY COURSE RECORD SYSTEM CREATED IN SECTION
33-9-115.
(III) (A) A
BASIC FIREARMS SAFETY COURSE MUST PROVIDE A
MINIMUM OF FOUR HOURS OF INSTRUCTION
.
(B) A
N EXTENDED FIREARMS SAFETY COURSE MUST PROVIDE A
MINIMUM OF TWELVE HOURS OF INSTRUCTION
, WHICH MUST BE PROVIDED ON
AT LEAST TWO DIFFERENT DAYS
.
(IV) A
BASIC OR EXTENDED FIREARMS SAFETY COURSE MUST SATISFY
THE COURSE REQUIREMENTS ADOPTED BY THE DIVISION AND INCLUDE
, BUT
IS NOT LIMITED TO INCLUDING
, INSTRUCTION ON SAFE HANDLING OF
SEMIAUTOMATIC FIREARMS AND AMMUNITION MAGAZINES
, SAFE STORAGE
OF FIREARMS AND CHILD SAFETY
, FIREARM DEATHS ASSOCIATED WITH
MENTAL ILLNESS
, EXTREME RISK PROTECTION ORDERS DESCRIBED IN
ARTICLE
14.5 OF TITLE 13, AND VICTIM AWARENESS AND EMPATHY .
(V) A
T THE CONCLUSION OF A BASIC OR EXTENDED FIREARMS
SAFETY COURSE
, THE INSTRUCTOR SHALL ADMINISTER AN EXAM THAT TESTS
A STUDENT
'S KNOWLEDGE OF THE SUBJECTS TAUGHT IN THE COURSE AND
REQUIRES THE STUDENT TO DEMONSTRATE THE ABILITY TO SAFELY HANDLE
FIREARMS AND A MASTERY OF GUN SAFETY
. TO COMPLETE A BASIC FIREARMS
SAFETY COURSE
, A STUDENT MUST ACHIEVE A SCORE OF AT LEAST NINETY
PERCENT ON THE EXAM
.
PAGE 8-SENATE BILL 25-003 (VI) WITHIN THREE BUSINESS DAYS AFTER A STUDENT'S COMPLETION
OF A BASIC OR EXTENDED FIREARMS SAFETY COURSE
, THE INSTRUCTOR
SHALL REPORT THE STUDENT
'S COURSE COMPLETION TO THE FIREARMS
TRAINING AND SAFETY COURSE RECORD SYSTEM DESCRIBED IN SECTION
33-9-115.
(b) (I) E
ACH SHERIFF SHALL ISSUE FIREARMS SAFETY COURSE
ELIGIBILITY CARDS PURSUANT TO THIS SUBSECTION
(5)(b). A CARD IS VALID
FOR FIVE YEARS AFTER THE DATE OF ISSUANCE
.
(II) T
O OBTAIN A FIREARMS SAFETY COURSE ELIGIBILITY CARD , AN
APPLICANT MUST SUBMIT AN APPLICATION TO THE SHERIFF ON A FORM
CREATED BY THE DIVISION OF PARKS AND WILDLIFE AND SUBMIT TO THE
SHERIFF THE MATERIALS DESCRIBED IN SUBSECTION
(5)(b)(III) OF THIS
SECTION
. THE APPLICATION FORM MUST REQUIRE THE APPLICANT TO
PROVIDE THEIR FULL NAME AND DATE OF BIRTH AND MAKE THE FOLLOWING
ATTESTATIONS
:
(A) T
HE APPLICANT DOES NOT HAVE A STATE OR FEDERAL
CONVICTION THAT WOULD PROHIBIT THEM FROM PURCHASING OR
POSSESSING A FIREARM
;
(B) T
HE APPLICANT WILL NOT VIOLATE RELEVANT STATE LAW
RELATED TO THE PURCHASE
, POSSESSION, STORAGE, AND LAWFUL USE OF
FIREARMS
; AND
(C) THE APPLICANT WILL ONLY TRANSFER A FIREARM PURSUANT TO
SECTION
18-12-112 AND THIS SECTION AND NOT ALLOW ANOTHER PERSON
WHO THE APPLICANT BELIEVES WOULD BE A DANGER TO THEMSELF OR
OTHERS ACCESS TO A FIREARM IN THE APPLICANT
'S POSSESSION.
(III) A
N APPLICANT MUST ALSO SUBMIT TO THE SHERIFF :
(A) G
OVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION ISSUED
TO THE APPLICANT
; AND
(B) THE RESULTS OF A COMPLETED NAME -BASED BACKGROUND
CHECK OF NATIONAL AND
COLORADO PUBLIC CRIMINAL HISTORY AND
JUDICIAL DATABASES COMPLETED BY A THIRD
-PARTY VENDOR THAT
CONDUCTS THOSE CHECKS AS A NORMAL PART OF THE VENDOR
'S BUSINESS,
PAGE 9-SENATE BILL 25-003 AND AN ATTESTATION FROM THE VENDOR THAT THE BACKGROUND CHECK
WAS PERFORMED BY THE VENDOR
.
(IV) A
PERSON WHO KNOWINGLY MAKES A FALSE OR MISLEADING
STATEMENT ON A FIREARMS SAFETY COURSE ELIGIBILITY CARD APPLICATION
OR DELIBERATELY OMITS ANY MATERIAL INFORMATION REQUESTED ON THE
APPLICATION COMMITS PERJURY IN THE SECOND DEGREE
, AS DESCRIBED IN
SECTION
18-8-503. IN ADDITION TO ANY CRIMINAL PENALTIES, IF A PERSON
IS CONVICTED OF PERJURY FOR MAKING A FALSE OR MISLEADING STATEMENT
ON A FIREARMS SAFETY COURSE ELIGIBILITY CARD APPLICATION
, THE
SHERIFF SHALL REVOKE THE PERSON
'S CARD IF ISSUED PRIOR TO CONVICTION.
(V) T
HE APPLICANT MUST SUBMIT A FIREARMS SAFETY COURSE
ELIGIBILITY CARD FEE TO THE SHERIFF
. THE FIREARMS SAFETY COURSE
ELIGIBILITY CARD FEE INCLUDES THE SHERIFF
'S PROCESSING FEE AND THE
FIREARMS TRAINING AND SAFETY COURSE RECORD FEE ESTABLISHED
PURSUANT TO SECTION
33-9-115 (5)(a). THE FIREARMS SAFETY COURSE
ELIGIBILITY CARD FEE IS NOT REFUNDABLE IF THE SHERIFF DENIES THE
APPLICANT
'S APPLICATION. EACH SHERIFF MAY ESTABLISH A PROCESSING
FEE
. THE AMOUNT OF THE FEE MUST REFLECT THE ACTUAL DIRECT AND
INDIRECT COSTS TO THE SHERIFF FOR ISSUING A FIREARMS SAFETY COURSE
ELIGIBILITY CARD
. THE SHERIFF SHALL REMIT THE FIREARMS TRAINING AND
SAFETY COURSE RECORD FEE COLLECTED FROM EACH APPLICANT TO THE
DIVISION OF PARKS AND WILDLIFE
.
(VI) (A) A
SHERIFF SHALL REVIEW EACH SUBMITTED APPLICATION
FOR A FIREARMS SAFETY COURSE ELIGIBILITY CARD
.
(B) E
XCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION
(5)(b)(VI), A SHERIFF SHALL ISSUE A FIREARMS SAFETY COURSE ELIGIBILITY
CARD TO AN APPLICANT WHO SUBMITS TO THE SHERIFF THE APPLICATION
,
INFORMATION, AND FEE REQUIRED IN THIS SUBSECTION (5)(b).
(C) A
SHERIFF SHALL DENY AN APPLICATION FOR A FIREARMS SAFETY
COURSE ELIGIBILITY CARD IF THE APPLICANT CANNOT LAWFULLY POSSESS A
FIREARM UNDER STATE OR FEDERAL LAW OR THE SHERIFF CANNOT
POSITIVELY IDENTIFY THE APPLICANT
. THE SHERIFF MAY DENY AN
APPLICATION IF THE SHERIFF HAS A REASONABLE BELIEF THAT DOCUMENTED
PREVIOUS BEHAVIOR BY THE APPLICANT MAKES IT LIKELY THE APPLICANT
WILL PRESENT A DANGER TO THEMSELF OR OTHERS IF THE APPLICANT HOLDS
PAGE 10-SENATE BILL 25-003 A FIREARMS SAFETY COURSE ELIGIBILITY CARD .
(D) T
HE SHERIFF SHALL REVOKE AN ISSUED FIREARMS SAFETY
COURSE ELIGIBILITY CARD IF THE SHERIFF KNOWS THAT THE CARDHOLDER
CANNOT LAWFULLY POSSESS A FIREARM UNDER STATE OR FEDERAL LAW
.
T
HE SHERIFF MAY REVOKE AN ISSUED FIREARMS SAFETY COURSE ELIGIBILITY
CARD IF THE SHERIFF HAS A REASONABLE BELIEF THAT DOCUMENTED
PREVIOUS BEHAVIOR BY THE CAR DHOLDER MAKES IT LIKELY THE
CARDHOLDER WILL PRESENT A DANGER TO THEMSELF OR OTHERS IF THE
CARDHOLDER CONTINUES HOLDING A FIREARMS SAFETY COURSE ELIGIBILITY
CARD
.
(E) I
F A SHERIFF DENIES A PERSON'S FIREARMS SAFETY COURSE CARD
APPLICATION OR REVOKES A PERSON
'S FIREARMS SAFETY COURSE
ELIGIBILITY CARD
, THE SHERIFF SHALL NOTIFY THE PERSON IN WRITING ,
STATING THE GROUNDS FOR DENIAL OR REVOCATION AND INFORMING THE
PERSON OF THE RIGHT TO SEEK JUDICIAL REVIEW PURSUANT TO SUBSECTION
(5)(b)(X) OF THIS SECTION.
(VII) A
SHERIFF SHALL REPORT INFORMATION REQUIRED BY THE
DIVISION OF PARKS AND WILDLIFE ABOUT THE CARD TO THE FIREARMS
TRAINING AND SAFETY COURSE RECORD SYSTEM CREATED IN SECTION
33-9-115.
(VIII) A
FIREARMS SAFETY COURSE ELIGIBILITY CARD MUST INCLUDE
THE FIREARMS SAFETY COURSE ELIGIBILITY CARD HOLDER
'S FULL NAME; THE
COUNTY OF ISSUANCE AND THE SIGNATURE OF THE SHERIFF WHO ISSUED THE
CARD
; AND THE ISSUANCE AND EXPIRATION DATES OF THE CARD .
(IX) A
SHERIFF IS NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT
FROM GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS SUBSECTION
(5)(b), INCLUDING DAMAGES THAT MAY RESULT FROM ISSUANCE OR DENIAL
OF A FIREARM SAFETY COURSE ELIGIBILITY CARD
.
(X) (A) I
F A SHERIFF DENIES A PERSON'S FIREARMS SAFETY COURSE
ELIGIBILITY CARD APPLICATION OR REVOKES A PERSON
'S FIREARMS SAFETY
COURSE ELIGIBILITY CARD
, THE PERSON MAY SEEK JUDICIAL REVIEW OF THE
SHERIFF
'S DECISION.
(B) T
HE PROCEDURES SPECIFIED IN RULE 106 (a)(4) AND (b) OF THE
PAGE 11-SENATE BILL 25-003 COLORADO RULES OF CIVIL PROCEDURE GOVERN THE PROCEDURE AND
TIMELINES FOR FILING A COMPLAINT
, AN ANSWER, AND BRIEFS FOR JUDICIAL
REVIEW PURSUANT TO THIS SUBSECTION
(5)(b)(X). AT A JUDICIAL REVIEW
SOUGHT PURSUANT TO THIS SUBSECTION
(5)(b)(X), THE SHERIFF HAS THE
BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THE
PERSON IS INELIGIBLE FOR A FIREARMS SAFETY COURSE ELIGIBILITY CARD
;
EXCEPT THAT IF THE DENIAL OR REVOCATION IS BECAUSE THE SHERIFF HAS
DETERMINED THAT THE APPLICANT WILL PRESENT A DANGER TO THEMSELF
OR OTHERS PURSUANT TO SUBSECTION
(5)(b)(VI), OF THIS SECTION, THE
SHERIFF HAS THE BURDEN OF PROVING THAT DETERMINATION BY CLEAR AND
CONVINCING EVIDENCE
.
(C) F
OLLOWING COMPLETION OF THE REVIEW , THE COURT MAY
AWARD ATTORNEY FEES TO THE PREVAILING PARTY
.
SECTION 3. In Colorado Revised Statutes, add 33-9-115 as
follows:
33-9-115. Firearms training and safety course record system -
rules - legislative declaration - definitions. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "B
ASIC FIREARMS SAFETY COURSE " MEANS A BASIC FIREARMS
SAFETY COURSE DESCRIBED IN SECTION
18-12-116 (5).
(b) "B
UREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION
24-33.5-401.
(c) "D
IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE
CREATED IN SECTION
33-9-104.
(d) "E
XTENDED FIREARMS SAFETY COURSE " MEANS AN EXTENDED
FIREARMS SAFETY COURSE DESCRIBED IN SECTION
18-12-116 (5).
(e) "H
UNTER EDUCATION COURSE " MEANS A HUNTER EDUCATION
COURSE CERTIFIED BY THE DIVISION OF PARKS AND WILDLIFE
, AS DESCRIBED
IN SECTION
33-6-107 (8).
(f) "S
YSTEM" MEANS THE FIREARMS TRAINING AND SAFETY COURSE
RECORD SYSTEM DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION.
PAGE 12-SENATE BILL 25-003 (2) (a) THE DIVISION SHALL DEVELOP AND OPERATE A SYSTEM OF
RECORDS OF PERSONS WHO
:
(I) H
OLD A VALID FIREARMS SAFETY COURSE ELIGIBILITY CARD
ISSUED PURSUANT TO SECTION
18-12-116 (5)(B); AND
(II) HAVE COMPLETED A HUNTER EDUCATION COURSE , A BASIC
FIREARMS SAFETY COURSE
, OR AN EXTENDED FIREARMS SAFETY COURSE .
(b) T
HE DIVISION SHALL CONSULT WITH THE BUREAU IN DEVELOPING
AND OPERATING THE SYSTEM
.
(c) T
HE SYSTEM IS NOT A RECORD THAT A PERSON PURCHASES OR
EXCHANGES FIREARMS OR PURCHASED OR EXCHANGED A SPECIFIC FIREARM
.
(3) T
HE SYSTEM MUST ALLOW:
(a) A
SHERIFF TO ELECTRONICALLY ENTER INTO THE SYSTEM THE
NAME OF AND OTHER INFORMATION REQUIRED BY THE DIVISION ABOUT EACH
PERSON WHO WAS ISSUED A FIREARMS SAFETY COURSE ELIGIBILITY CARD
;
(b) T
HE INSTRUCTOR OF A BASIC FIREARMS SAFETY COURSE OR
EXTENDED FIREARMS SAFETY COURSE TO REQUEST AND RECEIVE
INFORMATION ABOUT WHETHER A PERSON HOLDS A VALID FIREARMS SAFETY
COURSE ELIGIBILITY CARD ISSUED PURSUANT TO SECTION
18-12-116 (5)(b);
(c) T
HE INSTRUCTOR OF A HUNTER EDUCATION COURSE , BASIC
FIREARMS SAFETY COURSE
, OR EXTENDED FIREARMS SAFETY COURSE TO
ELECTRONICALLY ENTER INTO THE SYSTEM THE NAME OF AND OTHER
INFORMATION REQUIRED BY THE DIVISION ABOUT EACH STUDENT WHO
COMPLETES A COURSE
; AND
(d) A FEDERAL FIREARMS LICENSEE , AS DEFINED IN SECTION
18-12-101, TO ELECTRONICALLY REQUEST AND RECEIVE INFORMATION
ABOUT WHETHER A PERSON HAS COMPLETED THE COURSES NECESSARY TO
PURCHASE A SPECIFIED SEMIAUTOMATIC FIREARM PURSUANT TO SECTION
18-12-116 (3)(e)(I).
(4) (a) T
HE DIVISION MAY ADOPT PR OCESSES AND PROCEDURES
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION
.
PAGE 13-SENATE BILL 25-003 (b) THE DIVISION SHALL ESTABLISH COURSE REQUIREMENTS FOR A
BASIC FIREARMS SAFETY COURSE AND AN EXTENDED FIREARMS SAFETY
COURSE THAT INCLUDE INSTRUCTION ON THE SUBJECTS REQUIRED IN
SECTION
18-12-116 (5)(a)(IV). THE REQUIREMENTS MUST NOT REQUIRE
MORE THAN FOUR HOURS OF INSTRUCTION FOR A BASIC FIREARMS SAFETY
COURSE OR TWELVE HOURS OF INSTRUCTION FOR AN EXTENDED FIREARMS
SAFETY COURSE
.
(c) T
HE DIVISION SHALL CREATE AN APPLICATION FORM FOR A
PERSON TO APPLY FOR A FIREARMS SAFETY COURSE ELIGIBILITY CARD
PURSUANT TO SECTION
18-12-116. THE APPLICATION FORM MUST REQUIRE
THE INFORMATION REQUIRED TO BE SUBMITTED ON AN APPLICATION
PURSUANT TO SECTION
18-12-116 (5)(b). THE DIVISION SHALL MAKE THE
APPLICATION FORM AVAILABLE AT NO COST ON ITS WEBSITE
.
(5) (a) T
HE COMMISSION SHALL ESTABLISH A FIREARMS TRAINING
AND SAFETY COURSE RECORD FEE FOR A PERSON TO BE INCLUDED IN THE
SYSTEM
. THE FEE MUST REFLECT ACTUAL DIRECT AND INDIRECT COSTS TO
IMPLEMENT THIS SECTION
. THE COMMISSION MAY ADJUST THE FEE , BUT
SHALL NOT ADJUST THE FEE MORE THAN ONE TIME EACH YEAR
. THE DIVISION
SHALL TRANSMIT THE FEE MONEY REMITTED TO THE DIVISION BY A SHERIFF
PURSUANT TO SECTION
18-12-116 (5)(b) TO THE STATE TREASURER, WHO
SHALL DEPOSIT THE FEE MONEY IN THE FIREARMS TRAINING AND SAFETY
COURSE CASH FUND
.
(b) (I) T
HE FIREARMS TRAINING AND SAFETY COURSE CASH FUND IS
CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF MONEY CREDITED
TO THE FUND PURSUANT TO SUBSECTION
(5)(a) OF THIS SECTION AND ANY
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
TRANSFER TO THE FUND
. THE STATE TREASURER SHALL CREDIT ALL
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF
MONEY IN THE FIREARMS TRAINING AND SAFETY COURSE CASH FUND TO THE
FUND
. MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DIVISION FOR THE PURPOSES OF THIS SECTION
.
(II) T
HE MONEY CREDITED TO THE FIREARMS TRAINING AND SAFETY
COURSE CASH FUND PURSUANT TO SECTION
18-12-116 (5)(b) AND ANY
INCOME AND INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF
THE MONEY IS EXEMPT FROM ANY RESTRICTION ON SPENDING
, REVENUE, OR
APPROPRIATIONS
, INCLUDING, WITHOUT LIMITATION, THE RESTRICTIONS OF
PAGE 14-SENATE BILL 25-003 SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.
(c) (I) B
EFORE DECEMBER 31, 2029, IN ORDER TO IMPLEMENT THIS
SECTION
, THE DIRECTOR OF THE DIVISION MAY REPORT TO THE STATE
TREASURER AN AMOUNT OF MONEY TO TRANSFER TO THE FIREARMS
TRAINING AND SAFETY COURSE CASH FUND FROM THE PARKS AND OUTDOOR
RECREATION CASH FUND
. WITHIN THREE DAYS AFTER RECEIVING A REPORT
FROM THE DIRECTOR
, THE STATE TREASURER SHALL TRANSFER THE AMOUNT
OF MONEY DESCRIBED IN THE REPORT
. THE DIRECTOR OF THE DIVISION MAY
MAKE MULTIPLE REPORTS TO THE TREASURER PURSUANT TO THIS
SUBSECTION
(5)(c)(I).
(II) (A) I
N ORDER TO RESTORE TO THE PARKS AND OUTDOOR
RECREATION CASH FUND THE AMOUNT OF MONEY TRANSFERRED FROM THE
FUND PURSUANT TO SUBSECTION
(5)(c)(I) OF THIS SECTION, WITH INTEREST,
THE DIRECTOR OF THE DIVISION MAY REPORT TO THE STATE TREASURER AN
AMOUNT OF MONEY TO TRANSFER FROM THE FIREARMS TRAINING AND
SAFETY COURSE CASH FUND TO THE PARKS AND OUTDOOR RECREATION CASH
FUND
. WITHIN THREE DAYS AFTER RECEIVING A REPORT FROM THE
DIRECTOR
, THE STATE TREASURER SHALL TRANSFER THE AMOUNT OF MONEY
DESCRIBED IN THE REPORT
. THE DIRECTOR OF THE DIVISION MAY MAKE
MULTIPLE REPORTS TO THE TREASURER PURSUANT TO THIS SUBSECTION
(5)(c)(II)(A).
(B) T
HE TOTAL AMOUNT OF THE TRANSFERS TO THE PARKS AND
OUTDOOR RECREATION CASH F UND PURSUANT TO THIS SUBSECTION
(5)(c)(II)
MUST NOT BE GREATER THAN THE TOTAL AMOUNT TRANSFERRED FROM THE
PARKS AND OUTDOOR RECREATION CASH FUND PURSUANT TO SUBSECTION
(5)(c)(I) OF THIS SECTION.
(C) B
Y JUNE 30, 2030, THE TOTAL AMOUNT OF THE TRANSFERS TO
THE PARKS AND OUTDOOR RECREATION CASH FUND REPORTED BY THE
DIRECTOR OF THE DIVISION TO THE STATE TREASURER PURSUANT TO THIS
SUBSECTION
(5)(c)(II) MUST BE EQUAL TO THE TOTAL AMOUNT
TRANSFERRED FROM THE PARKS AND OUTDOOR RECREATION CASH FUND
PURSUANT TO SUBSECTION
(5)(c)(I) OF THIS SECTION, PLUS FAIR MARKET
INTEREST
, AS DETERMINED BY THE DIRECTOR.
(III) T
HIS SUBSECTION (5)(c) IS REPEALED, EFFECTIVE JULY 1, 2030.
PAGE 15-SENATE BILL 25-003 (6) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT ,
CONSISTENT WITH THE DETERMINATION OF THE COLORADO SUPREME COURT
IN
NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896 P.2D 859 (COLO.
1995),
THE POWER TO IMPOSE TAXES IS INCONSISTENT WITH ENTERPRISE
STATUS UNDER SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION, AND
IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE FIREARMS
TRAINING AND SAFETY COURSE RECORD FEE IMPOSED BY THIS BILL IS A FEE
,
NOT A TAX, BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSE OF
DEFRAYING COSTS OF PROVIDING RECORD
-KEEPING SERVICES TO FEE PAYERS
TO ENABLE THEM TO PURCHASE SPECIFIED SEMIAUTOMATIC FIREARMS
PURSUANT TO SECTION
18-12-116 AND IS COLLECTED AT A RATE THAT IS
REASONABLY RELATED TO THE OVERALL COST OF OPERATING AND
MAINTAINING THE FIREARMS TRAINING AND SAFETY COURSE RECORD
SYSTEM CREATED IN SECTION
33-9-115.
(7) O
N OR BEFORE DECEMBER 31, 2025, AND ON OR BEFORE
DECEMBER 31 OF EACH YEAR THEREAFTER, THE DIVISION SHALL SUBMIT A
REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
THE SENATE JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES ,
ABOUT THE EXPENSES INCURRED BY THE DIVISION TO IMPLEMENT SENATE
BILL 25-003, ENACTED IN 2025, AND ANY ADDITIONAL RESOURCES THE
DIVISION NEEDS TO EFFECTIVELY IMPLEMENT
SENATE BILL 25-003.
SECTION 4. In Colorado Revised Statutes, 18-12-108, amend
(7)(hhh) and (7)(iii); and add (7)(jjj) as follows:
18-12-108. Possession of weapons by previous offenders. (7) In
addition to a conviction for felony crime as defined in section 24-4.1-302
(1), a felony conviction or adjudication for one of the following felonies
prohibits a person from possessing, using, or carrying upon the person a
firearm as defined in section 18-1-901 (3)(h) or any other weapon that is
subject to this article 12 pursuant to subsection (1) or (3) of this section:
(hhh) A criminal attempt, complicity, or conspiracy to commit any
of the offenses listed in this subsection (7); and
(iii) Unlawful conduct involving an unserialized firearm, frame, or
receiver, as described in section 18-12-111.5;
AND
(jjj) UNLAWFUL MANUFACTURE , DISTRIBUTION, TRANSFER, SALE, OR
PAGE 16-SENATE BILL 25-003 PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM , AS DESCRIBED IN
SECTION
18-12-116.
SECTION 5. In Colorado Revised Statutes, 24-33.5-424, amend
(3)(b.3)(XI) and (3)(b.3)(XII); and add (3)(b.3)(XIII) as follows:
24-33.5-424. National instant criminal background check system
- state point of contact - fee - grounds for denial of firearm transfer -
appeal - rule-making - unlawful acts - instant criminal background
check cash fund - creation. (3) (b.3) In addition to the grounds for denial
specified in subsections (3)(a) and (3)(b) of this section, the bureau shall
deny a transfer of a firearm if the prospective transferee has been convicted
of any of the following offenses committed on or after June 19, 2021, if the
offense is classified as a misdemeanor, or if the prospective transferee has
been convicted in another state or jurisdiction, including a military or
federal jurisdiction, of an offense that, if committed in Colorado, would
constitute any of the following offenses classified as a misdemeanor
offense, within five years prior to the transfer:
(XI) Unlawfully providing a firearm other than a handgun to a
juvenile, as described in section 18-12-108.7 (3); or
(XII) Unlawful conduct involving an unserialized firearm, frame, or
receiver, as described in section 18-12-111.5;
OR
(XIII) UNLAWFUL MANUFACTURE , DISTRIBUTION, TRANSFER, SALE,
OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM , AS DESCRIBED IN
SECTION
18-12-116.
SECTION 6. In Colorado Revised Statutes, 18-12-401.5, amend
(8)(a)(IV)(D) and (8)(a)(IV)(E); and add (8)(a)(IV)(F) as follows:
18-12-401.5. Permit required - issuing agency - cash fund -
inspections - penalty - report - rules - repeal. (8) (a) Notwithstanding
subsection (7) of this section, the department shall revoke a state permit if
the state permit holder:
(IV) Is convicted of any of the following:
(D) Selling or otherwise transferring a firearm to a person who is
PAGE 17-SENATE BILL 25-003 ineligible to possess the firearm pursuant to state or federal law; or
(E) Selling or otherwise transferring a firearm component or
accessory, as defined in section 29-11.7-101.5, to another person in
violation of federal, state, or local law;
OR
(F) MANUFACTURING, DISTRIBUTING, TRANSFERRING, SELLING, OR
PURCHASING A SPECIFIED SEMIAUTOMATIC FIREARM IN VIOLATION OF
SECTION
18-12-116.
SECTION 7. In Colorado Revised Statutes, add 24-35-122 as
follows:
24-35-122. Specified semiautomatic firearms guidance. T
HE
DIVISION IN THE DEPARTMENT OF REVENUE RESPONSIBLE FOR ISSUING STATE
FIREARMS DEALER PERMITS SHALL PROVIDE GUIDANCE AND CLARIFICATION
TO ASSIST IN THE IMPLEMENTATION OF SECTION
18-12-116. THE DIVISION
SHALL PUBLISH AND MAKE PUBLICLY AVAILABLE GUIDANCE ABOUT SPECIFIC
MODELS OF FIREARMS TO WHICH SECTION
18-12-116 (2) APPLIES. THE
DIVISION MAY CONSULT WITH FIREARM EXPERTS AND CONVENE WORKING
GROUPS TO ASSIST WITH CREATING GUIDANCE ABOUT THE SPECIFIC MODELS
OF FIREARMS TO WHICH SECTION
18-12-116 (2) APPLIES.
SECTION 8. In Colorado Revised Statutes, 18-12-302, amend
(1)(a) as follows:
18-12-302. Large-capacity magazines prohibited - penalties -
exceptions. (1) (a) Except as otherwise provided in this section, on and
after July 1, 2013, a person who sells, transfers, or possesses a
large-capacity magazine commits a class 2 CLASS 1 misdemeanor.
SECTION 9. In Colorado Revised Statutes, 18-12-102, amend (1)
as follows:
18-12-102. Possessing a dangerous or illegal weapon -
affirmative defense - definition. (1) As used in this section, the term
"dangerous weapon" means a firearm silencer, machine gun, machine gun
conversion device RAPID-FIRE DEVICE, short shotgun, or short rifle.
SECTION 10. Appropriation. For the 2025-26 state fiscal year,
PAGE 18-SENATE BILL 25-003 $100,000 is appropriated to the office of the governor for use by the office
of information technology. This appropriation is from funds received from
the department of natural resources from the firearms training and safety
course cash fund created in section 33-9-115 (5)(b), C.R.S. To implement
this act, the office may use this appropriation to provide information
technology services for the department of natural resources.
SECTION 11. In Session Laws of Colorado 2024, section 6 of
chapter 492, amend (1) introductory portion as follows:
Section 6. Appropriation. (1) For the 2024-25 state fiscal year,
$618,973 is appropriated to the department of revenue. A
NY MONEY
APPROPRIATED IN THIS SUBSECTION
(1) NOT EXPENDED PRIOR TO JULY 1,
2025,
IS FURTHER APPROPRIATED TO THE DEPARTMENT FOR EXPENDITURE
UNTIL THE CLOSE OF THE
2025-26 STATE FISCAL YEAR FOR THE SAME
PURPOSE
. This appropriation is from the general fund. To implement this
act, the department may use this appropriation as follows:
SECTION 12. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 13. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 19-SENATE BILL 25-003 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 20-SENATE BILL 25-003