Colorado 2023 Regular Session

Colorado Senate Bill SB168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0119.01 Jane Ritter x4342
1	8		SENATE BILL 23-168
2		-	BY SENATOR(S) Jaquez Lewis and Kolker, Cutter, Danielson, Fields,
3		-	Marchman, Sullivan, Bridges, Coleman, Gonzales, Hansen, Hinrichsen,
4		-	Moreno, Rodriguez, Winter F., Fenberg;
5		-	also REPRESENTATIVE(S) Mabrey and Parenti, Bacon, Dickson, Epps,
6		-	Garcia, Jodeh, Kipp, Titone, Vigil, Amabile, Bird, Boesenecker, Brown,
7		-	Daugherty, deGruy Kennedy, English, Froelich, Gonzales-Gutierrez,
8		-	Hamrick, Herod, Joseph, Lindsay, Lindstedt, McCormick,
9		-	Michaelson Jenet, Ortiz, Ricks, Sirota, Weissman, Willford, Snyder, Story,
10		-	Woodrow.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs Judiciary
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING GUN VIOLENCE VICTIMS ' ACCESS TO THE JUDICIAL SYSTEM.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, repeal part 5 of article
15		-	21 of title 13.
16		-	SECTION 2. In Colorado Revised Statutes, add article 27 to title
17		-	6 as follows:
18		-	ARTICLE 27
19		-	Firearms and Ammunition Manufacturers
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. 6-27-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 27 IS THE
28		-	"JESSI REDFIELD GHAWI'S ACT FOR GUN VIOLENCE VICTIMS' ACCESS TO
29		-	JUSTICE AND FIREARMS INDUSTRY ACCOUNTABILITY".
	13	+	ONCERNING GUN VIOLENCE VICTIMS ' ACCESS TO THE JUDICIAL101
	14	+	SYSTEM.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law limits product liability actions against manufacturers
	23	+	of firearms and ammunition to situations in which there was a defect in
	24	+	the design or manufacture of a firearm or ammunition. The bill repeals
	25	+	that limitation.
	26	+	The bill defines the terms "firearm industry member" (industry
	27	+	member) and "firearm industry product" (industry product) and requires
	28	+	HOUSE
	29	+	Amended 2nd Reading
	30	+	March 25, 2023
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	March 13, 2023
	34	+	SENATE
	35	+	2nd Reading Unamended
	36	+	March 10, 2023
	37	+	SENATE SPONSORSHIP
	38	+	Jaquez Lewis and Kolker, Cutter, Danielson, Fields, Marchman, Sullivan, Coleman,
	39	+	Fenberg, Gonzales, Hansen, Moreno, Rodriguez, Winter F.
	40	+	HOUSE SPONSORSHIP
	41	+	Mabrey and Parenti, Bacon, Dickson, Epps, Garcia, Jodeh, Kipp, Titone, Vigil
	42	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	43	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	44	+	Dashes through the words or numbers indicate deletions from existing law. each industry member that is engaged in the manufacture, distribution,
	45	+	importation, marketing, or wholesale or retail sale of an industry product
	46	+	in Colorado to establish and implement reasonable controls and
	47	+	precautions related to the industry product in its control (firearm industry
	48	+	standards of responsible conduct).
	49	+	A cause of action is created for a person or entity that suffered
	50	+	harm as a result of an industry member violation of the firearm industry
	51	+	standards of responsible conduct, or for the attorney general or the
	52	+	attorney general's designee, for enforcement and remedy of any harms
	53	+	caused as a result of an industry member's violation. An intervening act
	54	+	by a third party, including unlawful misuse of an industry product, does
	55	+	not prevent an industry member from being liable. A cause of action may
	56	+	be brought within 5 years after the date that the violation occurred or the
	57	+	harm was incurred.
	58	+	Be it enacted by the General Assembly of the State of Colorado:1
	59	+	SECTION 1. In Colorado Revised Statutes, repeal part 5 of2
	60	+	article 21 of title 13.3
	61	+	SECTION 2. In Colorado Revised Statutes, add article 27 to title4
	62	+	6 as follows:5
	63	+	ARTICLE 276
	64	+	Firearms and Ammunition Manufacturers7
	65	+	6-27-101. Short title. T
	66	+	HE SHORT TITLE OF THIS ARTICLE 27 IS THE8
	67	+	"G
	68	+	UN VIOLENCE VICTIMS' ACCESS TO JUSTICE AND FIREARMS INDUSTRY9
	69	+	A
	70	+	CCOUNTABILITY ACT".10
30	71		6-27-102. Legislative declaration. (1) T
31		-	HE GENERAL ASSEMBLY
32		-	FINDS AND DECLARES THAT
33		-	:
	72	+	HE GENERAL ASSEMBLY11
	73	+	FINDS AND DECLARES THAT:12
34	74		(a) T
35		-	HE STATE OF COLORADO HAS A COMPELLING INTEREST IN
36		-	PROTECTING THE LIFE
37		-	, HEALTH, SAFETY, AND WELL-BEING OF COLORADO
38		-	RESIDENTS
39		-	;
	75	+	HE STATE OF COLORADO HAS A COMPELLING INTEREST IN13
	76	+	PROTECTING THE LIFE, HEALTH, SAFETY, AND WELL-BEING OF COLORADO14
	77	+	RESIDENTS;15
40	78		(b) U
41		-	NLAWFUL AND IRRESPONSIBLE CONDUCT BY THE FIREARM
42		-	INDUSTRY POSE SIGNIFICANT RISKS TO THE LIFE
43		-	, HEALTH, SAFETY, AND
44		-	WELL
45		-	-BEING OF COLORADO RESIDENTS;
	79	+	NLAWFUL AND IRRESPONSIBLE CONDUCT BY THE FIREARM16
	80	+	INDUSTRY POSE SIGNIFICANT RISKS TO THE LIFE , HEALTH, SAFETY, AND17
	81	+	168-2- WELL-BEING OF COLORADO RESIDENTS;1
46	82		(c) O
47		-	UR STATE AND OUR NATION HAVE A LONG -STANDING
48		-	HISTORICAL TRADITION OF PRESCRIBING STANDARDS OF RESPONSIBLE
49		-	CONDUCT AND ACCOUNTABILITY FOR INDUSTRIES WHOSE BUSINESS
50		-	PRACTICES MAY CAUSE HARM TO THE PUBLIC
51		-	;
	83	+	UR STATE AND OUR NATION HAVE A LONG -STANDING2
	84	+	HISTORICAL TRADITION OF PRESCRIBING STANDARDS OF RESPONSIBLE3
	85	+	CONDUCT AND ACCOUNTABILITY FOR INDUSTRIES WHOSE BUSINESS4
	86	+	PRACTICES MAY CAUSE HARM TO THE PUBLIC ;5
52	87		(d) T
53		-	HE FEDERAL "PROTECTION OF LAWFUL COMMERCE IN ~~ARMS~~
54		-	~~ACT" PRESERVES STATES ' CRITICAL AUTHORITY TO ENACT LAWS~~
55		-	~~PRESCRIBING AND ENFORCING STANDARDS OF RESPONSIBLE CONDUCT AND~~
56		-	~~ACCOUNTABILITY FOR FIREARM INDUSTRY MEMBERS~~
57		-	;
	88	+	HE FEDERAL "PROTECTION OF LAWFUL COMMERCE IN ARMS6
	89	+	A
	90	+	CT" PRESERVES STATES' CRITICAL AUTHORITY TO ENACT LAWS7
	91	+	PRESCRIBING AND ENFORCING STANDARDS OF RESPONSIBLE CONDUCT AND8
	92	+	ACCOUNTABILITY FOR FIREARM INDUSTRY MEMBERS ;9
58	93		(e) I
59		-	T IS THE POLICY OF THIS STATE THAT FIREARM INDUSTRY
60		-	MEMBERS HAVE A DUTY AND RESPONSIBILITY TO FOLLOW
61		-	COLORADO LAW,
62		-	INCLUDING NOT ENGAGING IN UNFAIR OR DECEPTIVE TRADE PRACTICES IN
63		-	VIOLATION OF THE
64		-	"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1
65		-	OF THIS TITLE 6; AND
66		-	(f) IT IS FURTHER THE POLICY OF THIS STATE THAT VICTIMS HARMED
67		-	BY FIREARM INDUSTRY MEMBERS
68		-	' WRONGFUL AND UNLAWFUL CONDUCT ,
69		-	AND PUBLIC OFFICIALS ACTING ON BEHALF OF THE PEOPLE OF COLORADO,
70		-	SHALL NOT BE BARRED FROM PURSUING CIVIL ACTIONS SEEKING
71		-	APPROPRIATE JUSTICE AND FAIR REMEDIES FOR THOSE HARMS IN COURT
72		-	,
73		-	INCLUDING CIVIL ACTIONS FOR HARMS CAUSED BY NEGLIGENT ENTRUSTMENT
74		-	OF FIREARM INDUSTRY PRODUCTS
75		-	, CONSISTENT WITH ANY LIMITATIONS OR
76		-	IMMUNITIES OTHERWISE PROVIDED IN STATE OR FEDERAL LAW
77		-	.
78		-	PAGE 2-SENATE BILL 23-168 (2) IT IS FURTHER THE POLICY OF THIS STATE THAT PRODUCT
79		-	LIABILITY FOR INJURY
80		-	, DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF
81		-	A FIREARM OR AMMUNITION IS NOT BASED UPON THE INHERENT POTENTIAL
82		-	OF A FIREARM TO CAUSE INJURY
83		-	, DAMAGE, OR DEATH WHEN DISCHARGED. IT
84		-	SHALL BE THE FURTHER POLICY OF THIS STATE THAT A CIVIL ACTION IN TORT
85		-	FOR ANY REMEDY ARISING FROM PHYSICAL OR EMOTI ONAL INJURY
86		-	, PHYSICAL
87		-	DAMAGE
88		-	, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM IS NOT BASED
89		-	UPON THE INHERENT POTENTIAL OF A FIREARM TO CAUSE INJURY
90		-	, DAMAGE,
91		-	OR DEATH WHEN DISCHARGED .
	94	+	T IS THE POLICY OF THIS STATE THAT FIREARM INDUSTRY10
	95	+	MEMBERS HAVE A LAWFUL DUTY AND RESPONSIBILITY TO TAKE11
	96	+	REASONABLE PRECAUTIONS TO PREVENT FORESEEABLE RISKS TO LIFE ,12
	97	+	HEALTH, SAFETY, AND WELL-BEING OF THE CITIZENS OF COLORADO; AND13
	98	+	(f) I
	99	+	T IS FURTHER THE POLICY OF THIS STATE THAT VICTIMS14
	100	+	HARMED BY FIREARM INDUSTRY MEMBERS ' WRONGFUL AND UNLAWFUL15
	101	+	CONDUCT, AND PUBLIC OFFICIALS ACTING ON BEHALF OF THE PEOPLE OF16
	102	+	C
	103	+	OLORADO, SHALL NOT BE BARRED FROM PURSUING CIVIL ACTIONS17
	104	+	SEEKING APPROPRIATE JUSTICE AND FAIR REMEDIES FOR THOSE HARMS IN18
	105	+	COURT, INCLUDING CIVIL ACTIONS FOR HARMS CAUSED BY NEGLIGENT19
	106	+	ENTRUSTMENT OF FIREARM INDUSTRY PRODUCTS , CONSISTENT WITH ANY20
	107	+	LIMITATIONS OR IMMUNITIES OTHERWISE PROVIDED IN STATE OR FEDERAL21
	108	+	LAW.22
	109	+	(2) T
	110	+	HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS23
	111	+	THE POLICY OF THIS STATE THAT PRODUCT LIABILITY FOR INJURY ,24
	112	+	DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM OR25
	113	+	AMMUNITION IS NOT BASED UPON THE INHERENT POTENTIAL OF A FIREARM26
	114	+	TO CAUSE INJURY, DAMAGE, OR DEATH WHEN DISCHARGED . IT SHALL BE27
	115	+	168
	116	+	-3- THE FURTHER POLICY OF THIS STATE THAT A CIVIL ACTION IN TORT FOR1
	117	+	ANY REMEDY ARISING FROM PHYSICAL OR EMOTIONAL INJURY , PHYSICAL2
	118	+	DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM IS NOT3
	119	+	BASED UPON THE INHERENT POTENTIAL OF A FIREARM TO CAUSE INJURY ,4
	120	+	DAMAGE, OR DEATH WHEN DISCHARGED .5
92	121		6-27-103. Definitions. A
93		-	S USED IN THIS ARTICLE 27, UNLESS THE
94		-	CONTEXT OTHERWISE REQUIRES
95		-	:
	122	+	S USED IN THIS ARTICLE 27, UNLESS THE6
	123	+	CONTEXT OTHERWISE REQUIRES :7
96	124		(1) "F
97		-	IREARM INDUSTRY MEMBER " MEANS A PERSON , FIRM,
98		-	CORPORATION, OR ANY OTHER ENTITY ENGAGED IN THE MANUFACTURE ,
99		-	DISTRIBUTION, IMPORTATION, MARKETING, OR WHOLESALE OR RETAIL SALE
100		-	OF A FIREARM INDUSTRY PRODUCT
101		-	.
	125	+	IREARM INDUSTRY MEMBER " MEANS A PERSON, FIRM,8
	126	+	CORPORATION, OR ANY OTHER ENTITY ENGAGED IN THE MANUFACTURE ,9
	127	+	DISTRIBUTION, IMPORTATION, MARKETING, OR WHOLESALE OR RETAIL10
	128	+	SALE OF A FIREARM INDUSTRY PRODUCT .11
102	129		(2) "F
103		-	IREARM INDUSTRY PRODUCT " MEANS:
	130	+	IREARM INDUSTRY PRODUCT " MEANS:12
104	131		(a) A
105		-	FIREARM, AS DEFINED IN SECTION 18-1-901;
	132	+	FIREARM, AS DEFINED IN SECTION 18-1-901;13
106	133		(b) A
107		-	MMUNITION;
	134	+	MMUNITION;14
108	135		(c) A
109		-	COMPLETED OR UNFINISHED FRAME OR RECEIVER ;
	136	+	COMPLETED OR UNFINISHED FRAME OR RECEIVER ;15
110	137		(d) A
111		-	FIREARM COMPONENT OR MAGAZINE ;
	138	+	FIREARM COMPONENT OR MAGAZINE ;16
112	139		(e) A
113		-	DEVICE MARKETED OR SOLD TO THE PUBLIC THAT IS DESIGNED
114		-	OR ADAPTED TO BE INSERTED INTO
115		-	, AFFIXED ONTO, OR USED IN CONJUNCTION
116		-	WITH A FIREARM
117		-	, IF THE DEVICE IS:
	140	+	DEVICE MARKETED OR SOLD TO THE PUBLIC THAT IS17
	141	+	DESIGNED OR ADAPTED TO BE INSERTED INTO , AFFIXED ONTO, OR USED IN18
	142	+	CONJUNCTION WITH A FIREARM, IF THE DEVICE IS:19
118	143		(I) R
119		-	EASONABLY DESIGNED OR INTENDED TO BE USED TO INCREASE
120		-	A FIREARM
121		-	'S RATE OF FIRE, CONCEALABILITY, MAGAZINE CAPACITY, OR
122		-	DESTRUCTIVE CAPACITY
123		-	; OR
124		-	(II) REASONABLY DESIGNED OR INTENDED TO INCREASE THE
125		-	FIREARM
126		-	'S STABILITY AND HANDLING WHEN THE FIREARM IS REPEATEDLY
127		-	FIRED
128		-	; AND
129		-	PAGE 3-SENATE BILL 23-168 (f) ANY MACHINE OR DEVICE THAT IS MARKETED OR SOLD TO THE
130		-	PUBLIC
131		-	, OR REASONABLY DESIGNED OR INTENDED TO BE USED TO
132		-	MANUFACTURE OR PRODUCE A FIREARM OR ANY OTHER FIREARM INDUSTRY
133		-	PRODUCT AS DESCRIBED IN THIS SUBSECTION
134		-	(2).
135		-	(3) "U
136		-	NFINISHED FRAME OR RECEIVER " MEANS ANY FORGING ,
137		-	CASTING PRINTING, EXTRUSION, MACHINED BODY, OR SIMILAR ARTICLE THAT
138		-	HAS REACHED A STAGE IN MANUFACTURE WHEN IT MAY BE READILY
139		-	COMPLETED
140		-	, ASSEMBLED, OR CONVERTED TO BE USED AS THE FRAME OR
141		-	RECEIVER OF A FUNCTIONAL FIREARM OR THAT IS MARKETED OR SOLD TO
142		-	THE PUBLIC TO BECOME OR BE USED AS THE FRAME OR RECEIVER OF A
143		-	FUNCTIONAL FIREARM ONCE COMPLETED
144		-	, ASSEMBLED, OR CONVERTED.
145		-	6-27-104. Firearm industry standards of responsible conduct.
	144	+	EASONABLY DESIGNED OR INTENDED TO BE USED TO INCREASE20
	145	+	A FIREARM'S RATE OF FIRE, CONCEALABILITY, MAGAZINE CAPACITY, OR21
	146	+	DESTRUCTIVE CAPACITY; OR22
	147	+	(II) R
	148	+	EASONABLY DESIGNED OR INTENDED TO INCREASE THE23
	149	+	FIREARM'S STABILITY AND HANDLING WHEN THE FIREARM IS REPEATEDLY24
	150	+	FIRED; AND25
	151	+	(f) A
	152	+	NY MACHINE OR DEVICE THAT IS MARKETED OR SOLD TO THE26
	153	+	PUBLIC, OR REASONABLY DESIGNED OR INTENDED TO BE USED TO27
	154	+	168
	155	+	-4- MANUFACTURE OR PRODUCE A FIREARM OR ANY OTHER FIREARM1
	156	+	INDUSTRY PRODUCT AS DESCRIBED IN THIS SUBSECTION (2).2
	157	+	(3) "F
	158	+	IREARM TRAFFICKER" MEANS A PERSON WHO ACQUIRES ,3
	159	+	TRANSFERS, OR ATTEMPTS TO ACQUIRE OR TRANSFER A FIREARM INDUSTRY4
	160	+	PRODUCT FOR PURPOSES OF UNLAWFUL COMMERCE , INCLUDING, BUT NOT5
	161	+	LIMITED TO, A SUBSEQUENT TRANSFER TO A PERSON WHO IS PROHIBITED6
	162	+	BY STATE OR FEDERAL LAW FROM POSSESSING THE FIREARM INDUSTRY7
	163	+	PRODUCT.8
	164	+	(4) "R
	165	+	EASONABLE CONTROLS" MEANS REASONABLE PROCEDURES ,9
	166	+	SAFEGUARDS, AND BUSINESS PRACTICES THAT ARE DESIGNED AND10
	167	+	IMPLEMENTED TO DO ALL OF THE FOLLOWING :11
	168	+	(a) P
	169	+	REVENT THE SALE OR DISTRIBUTION OF A FIREARM INDUSTRY12
	170	+	PRODUCT TO:13
	171	+	(I) A
	172	+	STRAW PURCHASER OR FIREARM TRAFFICKER ;14
	173	+	(II) A
	174	+	PERSON WHO IS PROHIBITED BY STATE OR FEDERAL LAW15
	175	+	FROM POSSESSING A FIREARM INDUSTRY PRODUCT ; OR16
	176	+	(III) A
	177	+	PERSON THE FIREARM INDUSTRY MEMBER HAS REASONABLE17
	178	+	CAUSE TO BELIEVE IS AT SUBSTANTIAL RISK OF USING A FIREARM18
	179	+	INDUSTRY PRODUCT TO HARM THEMSELVES OR UNLAWFULLY HARM19
	180	+	ANOTHER OR OF OTHERWISE UNLAWFULLY POSSESSING OR USING A20
	181	+	FIREARM INDUSTRY PRODUCT ;21
	182	+	(b) P
	183	+	REVENT THE LOSS OR THEFT OF A FIREARM INDUSTRY22
	184	+	PRODUCT FROM A FIREARM INDUSTRY MEMBER ;23
	185	+	(c) E
	186	+	NSURE THE FIREARM INDUSTRY MEMBER DOES NOT PROMOTE24
	187	+	OR FACILITATE THE UNLAWFUL MANUFACTURE , SALE, POSSESSION,25
	188	+	MARKETING, OR USE OF A FIREARM INDUSTRY PRODUCT ; AND26
	189	+	(d) E
	190	+	NSURE THE FIREARM INDUSTRY MEMBER COMPLIES WITH ALL27
	191	+	168
	192	+	-5- PROVISIONS OF STATE AND FEDERAL LAWS .1
	193	+	(5) "S
	194	+	TRAW PURCHASER " MEANS AN INDIVIDUAL WHO2
	195	+	WRONGFULLY PURCHASES OR OBTAINS A FIREARM INDUSTRY PRODUCT ON3
	196	+	BEHALF OF A THIRD PARTY WHO IS THE ACTUAL PURCHASER OR4
	197	+	TRANSFEREE. THE TERM "STRAW PURCHASER" DOES NOT APPLY TO AN5
	198	+	INDIVIDUAL OBTAINING A FIREARM INDUSTRY PRODUCT AS A BONA FIDE6
	199	+	GIFT FOR A PERSON WHO IS NOT PROHIBITED BY STATE OR FEDERAL LAW7
	200	+	FROM POSSESSING OR RECEIVING A FIREARM INDUSTRY PRODUCT . FOR THE8
	201	+	PURPOSES OF THIS SUBSECTION (5), A GIFT IS NOT A BONA FIDE GIFT IF THE9
	202	+	TRANSFEREE HAS OFFERED OR GIVEN THE TRANSFEROR A SERVICE OR10
	203	+	THING OF VALUE TO ACQUIRE THE FIREARM INDUSTRY PRODUCT ON THE11
	204	+	TRANSFEREE'S BEHALF.12
	205	+	(6) "U
	206	+	NFINISHED FRAME OR RECEIVER " MEANS ANY FORGING,13
	207	+	CASTING PRINTING, EXTRUSION, MACHINED BODY, OR SIMILAR ARTICLE14
	208	+	THAT HAS REACHED A STAGE IN MANUFACTURE WHEN IT MAY BE READILY15
	209	+	COMPLETED, ASSEMBLED, OR CONVERTED TO BE USED AS THE FRAME OR16
	210	+	RECEIVER OF A FUNCTIONAL FIREARM OR THAT IS MARKETED OR SOLD TO17
	211	+	THE PUBLIC TO BECOME OR BE USED AS THE FRAME OR RECEIVER OF A18
	212	+	FUNCTIONAL FIREARM ONCE COMPLETED , ASSEMBLED, OR CONVERTED.19
	213	+	6-27-104. Firearm industry standards of responsible conduct.20
146	214		(1) T
147		-	HIS SECTION APPLIES TO A FIREARM INDUSTRY MEMBER ENGAGED IN
148		-	THE MANUFACTURE
149		-	, DISTRIBUTION, IMPORTATION, MARKETING, OR
150		-	WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY PRODUCT THAT MEETS
151		-	ANY OF THE FOLLOWING CONDITIONS
152		-	:
	215	+	HIS SECTION APPLIES TO A FIREARM INDUSTRY MEMBER ENGAGED IN21
	216	+	THE MANUFACTURE , DISTRIBUTION, IMPORTATION, MARKETING, OR22
	217	+	WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY PRODUCT THAT23
	218	+	MEETS ANY OF THE FOLLOWING CONDITIONS :24
153	219		(a) T
154		-	HE FIREARM INDUSTRY PRODUCT WAS SOLD , MADE,
155		-	DISTRIBUTED, OR MARKETED IN THIS STATE; OR
156		-	(b) THE FIREARM INDUSTRY PRODUCT WAS INTENDED TO BE SOLD ,
157		-	MADE, DISTRIBUTED, OR MARKETED IN THIS STATE.
	220	+	HE FIREARM INDUSTRY PRODUCT WAS SOLD , MADE,25
	221	+	DISTRIBUTED, OR MARKETED IN THIS STATE;26
	222	+	(b) T
	223	+	HE FIREARM INDUSTRY PRODUCT WAS INTENDED TO BE SOLD ,27
	224	+	168
	225	+	-6- MADE, DISTRIBUTED, OR MARKETED IN THIS STATE; OR1
	226	+	(c) T
	227	+	HE FIREARM INDUSTRY PRODUCT WAS USED OR POSSESSED IN2
	228	+	THIS STATE, AND IT WAS REASONABLY FORESEEABLE THAT THE PRODUCT3
	229	+	WOULD BE USED OR POSSESSED IN THIS STATE .4
158	230		(2) A
159		-	FIREARM INDUSTRY MEMBER SHALL NOT KNOWINGLY ENGAGE
160		-	IN CONDUCT
161		-	, THROUGH ACTS OR OMISSIONS , THAT VIOLATES THE
162		-	"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF THIS TITLE 6,
163		-	INCLUDING ANY UNFAIR OR DECEPTIVE TRADE PRACTICE , AS DESCRIBED IN
164		-	SECTION
165		-	6-1-105.
	231	+	FIREARM INDUSTRY MEMBER SHALL :5
	232	+	(a) E
	233	+	STABLISH AND IMPLEMENT REASONABLE CONTROLS6
	234	+	REGARDING ITS MANUFACTURE , DISTRIBUTION, IMPORTATION,7
	235	+	MARKETING, AND WHOLESALE OR RETAIL SALE OF FIREARM INDUSTRY8
	236	+	PRODUCTS IN THIS STATE; AND9
	237	+	(b) T
	238	+	AKE REASONABLE PRECAUTIONS TO ENSURE THE FIREARM10
	239	+	INDUSTRY MEMBER DOES NOT SELL OR DISTRIBUTE A FIREARM INDUSTRY11
	240	+	PRODUCT TO A DISTRIBUTOR OR RETAILER OF FIREARM INDUSTRY12
	241	+	PRODUCTS THAT FAILS TO ESTABLISH AND IMPLEMENT REASONABLE13
	242	+	CONTROLS.14
166	243		(3) A
167		-	FIREARM INDUSTRY MEMBER SHALL NOT KNOWINGLY ENGAGE
168		-	IN CONDUCT
169		-	, THROUGH ACTS OR OMISSIONS, THAT VIOLATES ARTICLE 12 OF
170		-	TITLE
171		-	18.
172		-	6-27-105. Cause of action for violations of standards of
	244	+	FIREARM INDUSTRY MEMBER SHALL NOT MANUFACTURE ,15
	245	+	DISTRIBUTE, IMPORT, MARKET, OR OFFER FOR WHOLESALE OR RETAIL SALE16
	246	+	A FIREARM INDUSTRY PRODUCT THAT IS :17
	247	+	(a) D
	248	+	ESIGNED, SOLD, OR MARKETED IN A MANNER THAT18
	249	+	FORESEEABLY PROMOTES CONVERSION OF A LEGAL FIREARM INDUSTRY19
	250	+	PRODUCT INTO AN ILLEGAL FIREARM INDUSTRY PRODUCT ; OR20
	251	+	(b) D
	252	+	ESIGNED, SOLD, OR MARKETED IN A MANNER THAT IS21
	253	+	TARGETED AT MINORS OR INDIVIDUALS WHO ARE LEGALLY PROHIBITED22
	254	+	FROM PURCHASING OR POSSESSING A FIREARM .23
	255	+	(4) I
	256	+	N ADDITION TO SUBSECTIONS (1) TO (3) OF THIS SECTION, A24
	257	+	FIREARM INDUSTRY MEMBER SHALL COMPLY WITH THE FOLLOWING LAWS25
	258	+	WHEN ENGAGED IN THE MANUFACTURE , DISTRIBUTION, IMPORTATION,26
	259	+	MARKETING, OR WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY27
	260	+	168
	261	+	-7- PRODUCT:1
	262	+	(a) T
	263	+	HE "COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF2
	264	+	THIS TITLE 6;3
	265	+	(b) T
	266	+	HE "UNFAIR PRACTICES ACT", ARTICLE 2 OF THIS TITLE 6;4
	267	+	(c) T
	268	+	HE "COLORADO ANTITRUST ACT OF 1992 ", ARTICLE 4 OF THIS5
	269	+	TITLE 6; AND6
	270	+	(d) A
	271	+	RTICLE 12 OF TITLE 18.7
	272	+	6-27-105. Cause of action for violations of standards of8
173	273		responsible conduct. (1) A
174		-	PERSON OR ENTITY THAT HAS SUFFERED HARM
175		-	AS A RESULT OF A FIREARM INDUSTRY MEMBER
176		-	'S ACTS OR OMISSIONS IN
177		-	KNOWING VIOLATION OF SECTION
178		-	6-27-104 MAY BRING A CIVIL ACTION
179		-	PURSUANT TO THIS ARTICLE
180		-	27 IN A COURT OF COMPETENT JURISDICTION.
181		-	PAGE 4-SENATE BILL 23-168 (2) THE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S
182		-	DESIGNEE
183		-	, MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT
184		-	JURISDICTION TO ENFORCE THIS ARTICLE
185		-	27 AND REMEDY HARMS CAUSED BY
186		-	ANY ACTS OR OMISSIONS IN KNOWING VIOLATION OF SECTION
187		-	6-27-104.
	274	+	PERSON OR ENTITY THAT HAS SUFFERED9
	275	+	HARM AS A RESULT OF A FIREARM INDUSTRY MEMBER 'S ACTS OR10
	276	+	OMISSIONS IN VIOLATION OF SECTION 6-27-104 MAY BRING A CIVIL ACTION11
	277	+	PURSUANT TO THIS ARTICLE 27 IN A COURT OF COMPETENT JURISDICTION.12
	278	+	(2) T
	279	+	HE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S13
	280	+	DESIGNEE, MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT14
	281	+	JURISDICTION TO ENFORCE THIS ARTICLE 27 AND REMEDY HARMS CAUSED15
	282	+	BY ANY ACTS OR OMISSIONS IN VIOLATION OF SECTION 6-27-104.16
188	283		(3) I
189		-	N AN ACTION BROUGHT PURSUANT TO THIS SECTION , IF ~~THE~~
190		-	COURT DETERMINES THAT A ~~FIREARM~~ INDUSTRY MEMBER ENGAGED IN
191		-	CONDUCT IN VIOLATION OF SECTION
192		-	~~6-27-104~~, ~~THE COURT SHALL AWARD~~
193		-	~~JUST AND APPROPRIATE RELIEF~~
194		-	~~, WHICH MAY INCLUDE BUT IS NOT LIMITED~~ TO:
	284	+	N AN ACTION BROUGHT PURSUANT TO THIS SECTION , IF THE17
	285	+	COURT DETERMINES THAT A FIRE ARM INDUSTRY MEMBER ENGAGED IN18
	286	+	CONDUCT IN VIOLATION OF SECTION 6-27-104, THE COURT SHALL AWARD19
	287	+	JUST AND APPROPRIATE RELIEF,
	288	+	WHICH MAY INCLUDE BUT IS NOT LIMITED20
	289	+	TO:21
195	290		(a) I
196		-	NJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE FIREARM
197		-	INDUSTRY MEMBER AND ANY OTHER DEFE NDANT FROM FURTHER VIOLATING
198		-	THIS ARTICLE
199		-	27;
	291	+	NJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE FIREARM22
	292	+	INDUSTRY MEMBER AND ANY OTHER DEFENDANT FROM FURTHER23
	293	+	VIOLATING THIS ARTICLE 27;24
200	294		(b) C
201		-	OMPENSATORY AND PUNITIVE DAMAGES ;
	295	+	OMPENSATORY AND PUNITIVE DAMAGES ;25
202	296		(c) R
203		-	EASONABLE ATTORNEY FEES , FILING FEES, AND REASONABLE
204		-	COSTS OF ACTION
205		-	; AND
206		-	(d) ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO
207		-	ENFORCE THIS ARTICLE
208		-	27 AND REMEDY THE HARM CAUSED BY THE
209		-	VIOLATION
210		-	.
211		-	(4) I
212		-	N AN ACTION BROUGHT PURSUANT TO THIS ARTICLE 27, AND
213		-	NOTWITHSTANDING ANY INTERVENING ACT BY A THIRD PARTY
214		-	, IF A FIREARM
215		-	INDUSTRY MEMBER
216		-	'S KNOWING VIOLATION OF THIS ARTICLE 27 CREATES A
217		-	REASONABLY FORESEEABLE RISK THAT HARM WOULD OCCUR
218		-	, THE FIREARM
219		-	INDUSTRY MEMBER
220		-	'S VIOLATION IS PRESUMED TO BE THE PROXIMATE CAUSE
221		-	OF THE HARM SUFFERED BY THE PLAINTIFF
222		-	.
	297	+	EASONABLE ATTORNEY FEES , FILING FEES, AND REASONABLE26
	298	+	COSTS OF ACTION; AND27
	299	+	168
	300	+	-8- (d) ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO1
	301	+	ENFORCE THIS ARTICLE 27 AND REMEDY THE HARM CAUSED BY THE2
	302	+	VIOLATION.3
	303	+	(4) IN AN ACTION BROUGHT PURSUANT TO THIS ARTICLE 27, AND4
	304	+	NOTWITHSTANDING ANY INTERVENING ACT BY A THIRD PARTY , IF A5
	305	+	FIREARM INDUSTRY MEMBER'S KNOWING VIOLATION OF THIS ARTICLE 276
	306	+	CREATES A REASONABLY FORESEEABLE RISK THAT HARM WOULD OCCUR,7
	307	+	THE FIREARM INDUSTRY MEMBER'S VIOLATION IS PRESUMED TO BE THE8
	308	+	PROXIMATE CAUSE OF THE HARM SUFFERED BY THE PLAINTIFF .9
223	309		(5) A
224		-	N ACTION BROUGHT PURSUANT TO THIS SECTION MUST BE
225		-	COMMENCED WITHIN FIVE YEARS AFTER THE DATE THAT THE VIOLATION
226		-	OCCURRED OR THE HARM WAS INCURRED
227		-	.
	310	+	N ACTION BROUGHT PURSUANT TO THIS SECTION MUST BE10
	311	+	COMMENCED WITHIN FIVE YEARS AFTER THE DATE THAT THE VIOLATION11
	312	+	OCCURRED OR THE HARM WAS INCURRED .12
228	313		(6) A
229		-	CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION MAY BE
230		-	BROUGHT IN
231		-	:
	314	+	CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION MAY BE13
	315	+	BROUGHT IN:14
232	316		(a) T
233		-	HE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART OF THE
234		-	EVENTS OR OMISSIONS GIVING RISE TO THE CLAIM OCCURRED
235		-	;
236		-	PAGE 5-SENATE BILL 23-168 (b) THE COUNTY OF RESIDENCE OF ANY ONE OF THE NATURAL
237		-	PERSON DEFENDANTS AT THE TIME THE CAUSE OF ACTION ACCRUED
238		-	;
	317	+	HE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART OF THE15
	318	+	EVENTS OR OMISSIONS GIVING RISE TO THE CLAIM OCCURRED ;16
	319	+	(b) T
	320	+	HE COUNTY OF RESIDENCE OF ANY ONE OF THE NATURAL17
	321	+	PERSON DEFENDANTS AT THE TIME THE CAUSE OF ACTION ACCRUED ;18
239	322		(c) T
240		-	HE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY OF
241		-	THE DEFENDANTS THAT IS NOT A NATURAL PERSON
242		-	; OR
243		-	(d) THE COUNTY OF RESIDENCE FOR THE PLAINTIFF IF THE PLAINTIFF
244		-	IS A NATURAL PERSON RESIDING IN
245		-	COLORADO.
	323	+	HE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY19
	324	+	OF THE DEFENDANTS THAT IS NOT A NATURAL PERSON ; OR20
	325	+	(d) T
	326	+	HE COUNTY OF RESIDENCE FOR THE PLAINTIFF IF THE21
	327	+	PLAINTIFF IS A NATURAL PERSON RESIDING IN COLORADO.22
246	328		6-27-106. Limitations. (1) N
247		-	OTHING IN THIS ARTICLE 27 LIMITS OR
248		-	IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL
249		-	, OR ANY
250		-	PERSON OR ENTITY
251		-	, TO PURSUE A LEGAL ACTION PURSUANT TO ANY OTHER
252		-	LAW
253		-	, CAUSE OF ACTION, TORT THEORY, OR OTHER AUTHORITY.
	329	+	OTHING IN THIS ARTICLE 27 LIMITS23
	330	+	OR IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL , OR ANY24
	331	+	PERSON OR ENTITY, TO PURSUE A LEGAL ACTION PURSUANT TO ANY OTHER25
	332	+	LAW, CAUSE OF ACTION, TORT THEORY, OR OTHER AUTHORITY.26
254	333		(2) N
255		-	OTHING IN THIS ARTICLE 27 LIMITS OR IMPAIRS IN ANY ~~WAY AN~~
256		-	~~OBLIGATION OR REQUIREMENT PLACED ON A FIREARM INDUSTRY MEMBER BY~~
257		-	~~ANY OTHER AUTHORITY~~
258		-	.
	334	+	OTHING IN THIS ARTICLE 27 LIMITS OR IMPAIRS IN ANY WAY27
	335	+	168
	336	+	-9- AN OBLIGATION OR REQUIREMENT PLACED ON A FIREARM INDUSTRY1
	337	+	MEMBER BY ANY OTHER AUTHORITY .2
259	338		(3) T
260		-	HIS ARTICLE 27 MUST BE CONSTRUED AND APPLIED IN A MANNER
261		-	THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE CONSTITUTIONS OF
262		-	COLORADO AND THE UNITED STATES.
263		-	SECTION 3. Severability. If any provision of this act or the
264		-	application thereof to any person or circumstance is held invalid, such
265		-	invalidity does not affect other provisions or applications of the act that can
266		-	be given effect without the invalid provision or application, and to this end,
267		-	the provisions of this act are declared to be severable.
268		-	SECTION 4. Effective date. This act takes effect October 1, 2023.
269		-	PAGE 6-SENATE BILL 23-168 SECTION 5. Safety clause. The general assembly hereby finds,
270		-	determines, and declares that this act is necessary for the immediate
271		-	preservation of the public peace, health, or safety.
272		-	____________________________ ____________________________
273		-	Steve Fenberg Julie McCluskie
274		-	PRESIDENT OF SPEAKER OF THE HOUSE
275		-	THE SENATE OF REPRESENTATIVES
276		-	____________________________ ____________________________
277		-	Cindi L. Markwell Robin Jones
278		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
279		-	THE SENATE OF REPRESENTATIVES
280		-	APPROVED________________________________________
281		-	(Date and Time)
282		-	_________________________________________
283		-	Jared S. Polis
284		-	GOVERNOR OF THE STATE OF COLORADO
285		-	PAGE 7-SENATE BILL 23-168
	339	+	HIS ARTICLE 27 MUST BE CONSTRUED AND APPLIED IN A3
	340	+	MANNER THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE4
	341	+	CONSTITUTIONS OF COLORADO AND THE UNITED STATES.5
	342	+	SECTION 3. Severability. If any provision of this act or the6
	343	+	application thereof to any person or circumstance is held invalid, such7
	344	+	invalidity does not affect other provisions or applications of the act that8
	345	+	can be given effect without the invalid provision or application, and to9
	346	+	this end, the provisions of this act are declared to be severable.10
	347	+	SECTION 4. Effective date. This act takes effect October 1,11
	348	+	2023.12
	349	+	SECTION 5. Safety clause. The general assembly hereby finds,13
	350	+	determines, and declares that this act is necessary for the immediate14
	351	+	preservation of the public peace, health, or safety.15
	352	+	168
	353	+	-10-