First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0119.01 Jane Ritter x4342
SENATE BILL 23-168
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING GUN VIOLENCE VICTIMS ' ACCESS TO THE JUDICIAL101
SYSTEM.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law limits product liability actions against manufacturers
of firearms and ammunition to situations in which there was a defect in
the design or manufacture of a firearm or ammunition. The bill repeals
that limitation.
The bill defines the terms "firearm industry member" (industry
member) and "firearm industry product" (industry product) and requires
SENATE
2nd Reading Unamended
March 10, 2023
SENATE SPONSORSHIP
Jaquez Lewis and Kolker, Cutter, Danielson, Fields, Marchman, Sullivan
HOUSE SPONSORSHIP
Mabrey and Parenti, Bacon, Dickson, Epps, Garcia, Jodeh, Kipp, Titone, Vigil
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. each industry member that is engaged in the manufacture, distribution,
importation, marketing, or wholesale or retail sale of an industry product
in Colorado to establish and implement reasonable controls and
precautions related to the industry product in its control (firearm industry
standards of responsible conduct).
A cause of action is created for a person or entity that suffered
harm as a result of an industry member violation of the firearm industry
standards of responsible conduct, or for the attorney general or the
attorney general's designee, for enforcement and remedy of any harms
caused as a result of an industry member's violation. An intervening act
by a third party, including unlawful misuse of an industry product, does
not prevent an industry member from being liable. A cause of action may
be brought within 5 years after the date that the violation occurred or the
harm was incurred.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal part 5 of2
article 21 of title 13.3
SECTION 2. In Colorado Revised Statutes, add article 27 to title4
6 as follows:5
ARTICLE 276
Firearms and Ammunition Manufacturers7
6-27-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 27 IS THE8
"G
UN VIOLENCE VICTIMS' ACCESS TO JUSTICE AND FIREARMS INDUSTRY9
A
CCOUNTABILITY ACT".10
6-27-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY11
FINDS AND DECLARES THAT:12
(a) T
HE STATE OF COLORADO HAS A COMPELLING INTEREST IN13
PROTECTING THE LIFE, HEALTH, SAFETY, AND WELL-BEING OF COLORADO14
RESIDENTS;15
(b) U
NLAWFUL AND IRRESPONSIBLE CONDUCT BY THE FIREARM16
INDUSTRY POSE SIGNIFICANT RISKS TO THE LIFE , HEALTH, SAFETY, AND17
168-2- WELL-BEING OF COLORADO RESIDENTS;1
(c) O
UR STATE AND OUR NATION HAVE A LONG -STANDING2
HISTORICAL TRADITION OF PRESCRIBING STANDARDS OF RESPONSIBLE3
CONDUCT AND ACCOUNTABILITY FOR INDUSTRIES WHOSE BUSINESS4
PRACTICES MAY CAUSE HARM TO THE PUBLIC ;5
(d) T
HE FEDERAL "PROTECTION OF LAWFUL COMMERCE IN ARMS6
A
CT" PRESERVES STATES' CRITICAL AUTHORITY TO ENACT LAWS7
PRESCRIBING AND ENFORCING STANDARDS OF RESPONSIBLE CONDUCT AND8
ACCOUNTABILITY FOR FIREARM INDUSTRY MEMBERS ;9
(e) I
T IS THE POLICY OF THIS STATE THAT FIREARM INDUSTRY10
MEMBERS HAVE A LAWFUL DUTY AND RESPONSIBILITY TO TAKE11
REASONABLE PRECAUTIONS TO PREVENT FORESEEABLE RISKS TO LIFE ,12
HEALTH, SAFETY, AND WELL-BEING OF THE CITIZENS OF COLORADO; AND13
(f) I
T IS FURTHER THE POLICY OF THIS STATE THAT VICTIMS14
HARMED BY FIREARM INDUSTRY MEMBERS ' WRONGFUL AND UNLAWFUL15
CONDUCT, AND PUBLIC OFFICIALS ACTING ON BEHALF OF THE PEOPLE OF16
C
OLORADO, SHALL NOT BE BARRED FROM PURSUING CIVIL ACTIONS17
SEEKING APPROPRIATE JUSTICE AND FAIR REMEDIES FOR THOSE HARMS IN18
COURT, INCLUDING CIVIL ACTIONS FOR HARMS CAUSED BY NEGLIGENT19
ENTRUSTMENT OF FIREARM INDUSTRY PRODUCTS , CONSISTENT WITH ANY20
LIMITATIONS OR IMMUNITIES OTHERWISE PROVIDED IN STATE OR FEDERAL21
LAW.22
(2) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS23
THE POLICY OF THIS STATE THAT PRODUCT LIABILITY FOR INJURY ,24
DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM OR25
AMMUNITION IS NOT BASED UPON THE INHERENT POTENTIAL OF A FIREARM26
TO CAUSE INJURY, DAMAGE, OR DEATH WHEN DISCHARGED . IT SHALL BE27
168
-3- THE FURTHER POLICY OF THIS STATE THAT A CIVIL ACTION IN TORT FOR1
ANY REMEDY ARISING FROM PHYSICAL OR EMOTIONAL INJURY , PHYSICAL2
DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM IS NOT3
BASED UPON THE INHERENT POTENTIAL OF A FIREARM TO CAUSE INJURY ,4
DAMAGE, OR DEATH WHEN DISCHARGED .5
6-27-103. Definitions. A
S USED IN THIS ARTICLE 27, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1) "F
IREARM INDUSTRY MEMBER " MEANS A PERSON, FIRM,8
CORPORATION, OR ANY OTHER ENTITY ENGAGED IN THE MANUFACTURE ,9
DISTRIBUTION, IMPORTATION, MARKETING, OR WHOLESALE OR RETAIL10
SALE OF A FIREARM INDUSTRY PRODUCT .11
(2) "F
IREARM INDUSTRY PRODUCT " MEANS:12
(a) A
FIREARM, AS DEFINED IN SECTION 18-1-901;13
(b) A
MMUNITION;14
(c) A
COMPLETED OR UNFINISHED FRAME OR RECEIVER ;15
(d) A
FIREARM COMPONENT OR MAGAZINE ;16
(e) A
DEVICE MARKETED OR SOLD TO THE PUBLIC THAT IS17
DESIGNED OR ADAPTED TO BE INSERTED INTO , AFFIXED ONTO, OR USED IN18
CONJUNCTION WITH A FIREARM, IF THE DEVICE IS:19
(I) R
EASONABLY DESIGNED OR INTENDED TO BE USED TO INCREASE20
A FIREARM'S RATE OF FIRE, CONCEALABILITY, MAGAZINE CAPACITY, OR21
DESTRUCTIVE CAPACITY; OR22
(II) R
EASONABLY DESIGNED OR INTENDED TO INCREASE THE23
FIREARM'S STABILITY AND HANDLING WHEN THE FIREARM IS REPEATEDLY24
FIRED; AND25
(f) A
NY MACHINE OR DEVICE THAT IS MARKETED OR SOLD TO THE26
PUBLIC, OR REASONABLY DESIGNED OR INTENDED TO BE USED TO27
168
-4- MANUFACTURE OR PRODUCE A FIREARM OR ANY OTHER FIREARM1
INDUSTRY PRODUCT AS DESCRIBED IN THIS SUBSECTION (2).2
(3) "F
IREARM TRAFFICKER" MEANS A PERSON WHO ACQUIRES ,3
TRANSFERS, OR ATTEMPTS TO ACQUIRE OR TRANSFER A FIREARM INDUSTRY4
PRODUCT FOR PURPOSES OF UNLAWFUL COMMERCE , INCLUDING, BUT NOT5
LIMITED TO, A SUBSEQUENT TRANSFER TO A PERSON WHO IS PROHIBITED6
BY STATE OR FEDERAL LAW FROM POSSESSING THE FIREARM INDUSTRY7
PRODUCT.8
(4) "R
EASONABLE CONTROLS" MEANS REASONABLE PROCEDURES ,9
SAFEGUARDS, AND BUSINESS PRACTICES THAT ARE DESIGNED AND10
IMPLEMENTED TO DO ALL OF THE FOLLOWING :11
(a) P
REVENT THE SALE OR DISTRIBUTION OF A FIREARM INDUSTRY12
PRODUCT TO:13
(I) A
STRAW PURCHASER OR FIREARM TRAFFICKER ;14
(II) A
PERSON WHO IS PROHIBITED BY STATE OR FEDERAL LAW15
FROM POSSESSING A FIREARM INDUSTRY PRODUCT ; OR16
(III) A
PERSON THE FIREARM INDUSTRY MEMBER HAS REASONABLE17
CAUSE TO BELIEVE IS AT SUBSTANTIAL RISK OF USING A FIREARM18
INDUSTRY PRODUCT TO HARM THEMSELVES OR UNLAWFULLY HARM19
ANOTHER OR OF OTHERWISE UNLAWFULLY POSSESSING OR USING A20
FIREARM INDUSTRY PRODUCT ;21
(b) P
REVENT THE LOSS OR THEFT OF A FIREARM INDUSTRY22
PRODUCT FROM A FIREARM INDUSTRY MEMBER ;23
(c) E
NSURE THE FIREARM INDUSTRY MEMBER DOES NOT PROMOTE24
OR FACILITATE THE UNLAWFUL MANUFACTURE , SALE, POSSESSION,25
MARKETING, OR USE OF A FIREARM INDUSTRY PRODUCT ; AND26
(d) E
NSURE THE FIREARM INDUSTRY MEMBER COMPLIES WITH ALL27
168
-5- PROVISIONS OF STATE AND FEDERAL LAWS .1
(5) "S
TRAW PURCHASER " MEANS AN INDIVIDUAL WHO2
WRONGFULLY PURCHASES OR OBTAINS A FIREARM INDUSTRY PRODUCT ON3
BEHALF OF A THIRD PARTY WHO IS THE ACTUAL PURCHASER OR4
TRANSFEREE. THE TERM "STRAW PURCHASER" DOES NOT APPLY TO AN5
INDIVIDUAL OBTAINING A FIREARM INDUSTRY PRODUCT AS A BONA FIDE6
GIFT FOR A PERSON WHO IS NOT PROHIBITED BY STATE OR FEDERAL LAW7
FROM POSSESSING OR RECEIVING A FIREARM INDUSTRY PRODUCT . FOR THE8
PURPOSES OF THIS SUBSECTION (5), A GIFT IS NOT A BONA FIDE GIFT IF THE9
TRANSFEREE HAS OFFERED OR GIVEN THE TRANSFEROR A SERVICE OR10
THING OF VALUE TO ACQUIRE THE FIREARM INDUSTRY PRODUCT ON THE11
TRANSFEREE'S BEHALF.12
(6) "U
NFINISHED FRAME OR RECEIVER " MEANS ANY FORGING,13
CASTING PRINTING, EXTRUSION, MACHINED BODY, OR SIMILAR ARTICLE14
THAT HAS REACHED A STAGE IN MANUFACTURE WHEN IT MAY BE READILY15
COMPLETED, ASSEMBLED, OR CONVERTED TO BE USED AS THE FRAME OR16
RECEIVER OF A FUNCTIONAL FIREARM OR THAT IS MARKETED OR SOLD TO17
THE PUBLIC TO BECOME OR BE USED AS THE FRAME OR RECEIVER OF A18
FUNCTIONAL FIREARM ONCE COMPLETED , ASSEMBLED, OR CONVERTED.19
6-27-104. Firearm industry standards of responsible conduct.20
(1) T
HIS SECTION APPLIES TO A FIREARM INDUSTRY MEMBER ENGAGED IN21
THE MANUFACTURE , DISTRIBUTION, IMPORTATION, MARKETING, OR22
WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY PRODUCT THAT23
MEETS ANY OF THE FOLLOWING CONDITIONS :24
(a) T
HE FIREARM INDUSTRY PRODUCT WAS SOLD , MADE,25
DISTRIBUTED, OR MARKETED IN THIS STATE;26
(b) T
HE FIREARM INDUSTRY PRODUCT WAS INTENDED TO BE SOLD ,27
168
-6- MADE, DISTRIBUTED, OR MARKETED IN THIS STATE; OR1
(c) T
HE FIREARM INDUSTRY PRODUCT WAS USED OR POSSESSED IN2
THIS STATE, AND IT WAS REASONABLY FORESEEABLE THAT THE PRODUCT3
WOULD BE USED OR POSSESSED IN THIS STATE .4
(2) A
FIREARM INDUSTRY MEMBER SHALL :5
(a) E
STABLISH AND IMPLEMENT REASONABLE CONTROLS6
REGARDING ITS MANUFACTURE , DISTRIBUTION, IMPORTATION,7
MARKETING, AND WHOLESALE OR RETAIL SALE OF FIREARM INDUSTRY8
PRODUCTS IN THIS STATE; AND9
(b) T
AKE REASONABLE PRECAUTIONS TO ENSURE THE FIREARM10
INDUSTRY MEMBER DOES NOT SELL OR DISTRIBUTE A FIREARM INDUSTRY11
PRODUCT TO A DISTRIBUTOR OR RETAILER OF FIREARM INDUSTRY12
PRODUCTS THAT FAILS TO ESTABLISH AND IMPLEMENT REASONABLE13
CONTROLS.14
(3) A
FIREARM INDUSTRY MEMBER SHALL NOT MANUFACTURE ,15
DISTRIBUTE, IMPORT, MARKET, OR OFFER FOR WHOLESALE OR RETAIL SALE16
A FIREARM INDUSTRY PRODUCT THAT IS :17
(a) D
ESIGNED, SOLD, OR MARKETED IN A MANNER THAT18
FORESEEABLY PROMOTES CONVERSION OF A LEGAL FIREARM INDUSTRY19
PRODUCT INTO AN ILLEGAL FIREARM INDUSTRY PRODUCT ; OR20
(b) D
ESIGNED, SOLD, OR MARKETED IN A MANNER THAT IS21
TARGETED AT MINORS OR INDIVIDUALS WHO ARE LEGALLY PROHIBITED22
FROM PURCHASING OR POSSESSING A FIREARM .23
(4) I
N ADDITION TO SUBSECTIONS (1) TO (3) OF THIS SECTION, A24
FIREARM INDUSTRY MEMBER SHALL COMPLY WITH THE FOLLOWING LAWS25
WHEN ENGAGED IN THE MANUFACTURE , DISTRIBUTION, IMPORTATION,26
MARKETING, OR WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY27
168
-7- PRODUCT:1
(a) T
HE "COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF2
THIS TITLE 6;3
(b) T
HE "UNFAIR PRACTICES ACT", ARTICLE 2 OF THIS TITLE 6;4
(c) T
HE "COLORADO ANTITRUST ACT OF 1992 ", ARTICLE 4 OF THIS5
TITLE 6; AND6
(d) A
RTICLE 12 OF TITLE 18.7
6-27-105. Cause of action for violations of standards of8
responsible conduct. (1) A
PERSON OR ENTITY THAT HAS SUFFERED9
HARM AS A RESULT OF A FIREARM INDUSTRY MEMBER 'S ACTS OR10
OMISSIONS IN VIOLATION OF SECTION 6-27-104 MAY BRING A CIVIL ACTION11
PURSUANT TO THIS ARTICLE 27 IN A COURT OF COMPETENT JURISDICTION.12
(2) T
HE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S13
DESIGNEE, MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT14
JURISDICTION TO ENFORCE THIS ARTICLE 27 AND REMEDY HARMS CAUSED15
BY ANY ACTS OR OMISSIONS IN VIOLATION OF SECTION 6-27-104.16
(3) I
N AN ACTION BROUGHT PURSUANT TO THIS SECTION , IF THE17
COURT DETERMINES THAT A FIRE ARM INDUSTRY MEMBER ENGAGED IN18
CONDUCT IN VIOLATION OF SECTION 6-27-104, THE COURT SHALL AWARD19
JUST AND APPROPRIATE RELIEF, INCLUDING, BUT NOT LIMITED TO:20
(a) I
NJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE FIREARM21
INDUSTRY MEMBER AND ANY OTHER DEFENDANT FROM FURTHER22
VIOLATING THIS ARTICLE 27;23
(b) C
OMPENSATORY AND PUNITIVE DAMAGES ;24
(c) R
EASONABLE ATTORNEY FEES , FILING FEES, AND REASONABLE25
COSTS OF ACTION; AND26
(d) A
NY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO27
168
-8- ENFORCE THIS ARTICLE 27 AND REMEDY THE HARM CAUSED BY THE1
VIOLATION.2
(4) I
N AN ACTION BROUGHT PURSUANT TO THIS ARTICLE 27:3
(a) A
N INTERVENING ACT BY A THIRD PARTY, INCLUDING, BUT NOT4
LIMITED TO, THE UNLAWFUL MISUSE OF A FIREARM INDUSTRY PR ODUCT ,5
DOES NOT PREVENT A FIREARM INDUSTRY MEMBER FROM BEING LIABLE6
FOR HARM CAUSED BY THE FIREARM INDUSTRY MEMBER 'S VIOLATION OF7
THIS ARTICLE 27; AND8
(b) N
OTWITHSTANDING ANY INTERVENING ACT BY A THIRD PARTY ,9
THERE IS A PRESUMPTION THAT A FIREARM INDUSTRY MEMBER 'S10
VIOLATION OF THIS ARTICLE 27 WAS THE PROXIMATE CAUSE OF HARM11
SUFFERED BY THE PLAINTIFF FROM A FIREARM INDUSTRY PRODUCT IF THE12
FIREARM INDUSTRY MEMBER 'S VIOLATION CREATED A REASONABLY13
FORESEEABLE RISK THAT THE HARM WOULD OCCUR .14
(5) A
N ACTION BROUGHT PURSUANT TO THIS SECTION MUST BE15
COMMENCED WITHIN FIVE YEARS AFTER THE DATE THAT THE VIOLATION16
OCCURRED OR THE HARM WAS INCURRED .17
(6) A
CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION MAY BE18
BROUGHT IN:19
(a) T
HE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART OF THE20
EVENTS OR OMISSIONS GIVING RISE TO THE CLAIM OCCURRED ;21
(b) T
HE COUNTY OF RESIDENCE OF ANY ONE OF THE NATURAL22
PERSON DEFENDANTS AT THE TIME THE CAUSE OF ACTION ACCRUED ;23
(c) T
HE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY24
OF THE DEFENDANTS THAT IS NOT A NATURAL PERSON ; OR25
(d) T
HE COUNTY OF RESIDENCE FOR THE PLAINTIFF IF THE26
PLAINTIFF IS A NATURAL PERSON RESIDING IN COLORADO.27
168
-9- 6-27-106. Limitations. (1) N OTHING IN THIS ARTICLE 27 LIMITS1
OR IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL , OR ANY2
PERSON OR ENTITY, TO PURSUE A LEGAL ACTION PURSUANT TO ANY OTHER3
LAW, CAUSE OF ACTION, TORT THEORY, OR OTHER AUTHORITY.4
(2) N
OTHING IN THIS ARTICLE 27 LIMITS OR IMPAIRS IN ANY WAY5
AN OBLIGATION OR REQUIREMENT PLACED ON A FIREARM INDUSTRY6
MEMBER BY ANY OTHER AUTHORITY .7
(3) T
HIS ARTICLE 27 MUST BE CONSTRUED AND APPLIED IN A8
MANNER THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE9
CONSTITUTIONS OF COLORADO AND THE UNITED STATES.10
SECTION 3. Severability. If any provision of this act or the11
application thereof to any person or circumstance is held invalid, such12
invalidity does not affect other provisions or applications of the act that13
can be given effect without the invalid provision or application, and to14
this end, the provisions of this act are declared to be severable.15
SECTION 4. Effective date. This act takes effect October 1,16
2023.17
SECTION 5. Safety clause. The general assembly hereby finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety.20
168
-10-