SENATE BILL 23-168
BY SENATOR(S) Jaquez Lewis and Kolker, Cutter, Danielson, Fields,
Marchman, Sullivan, Bridges, Coleman, Gonzales, Hansen, Hinrichsen,
Moreno, Rodriguez, Winter F., Fenberg;
also REPRESENTATIVE(S) Mabrey and Parenti, Bacon, Dickson, Epps,
Garcia, Jodeh, Kipp, Titone, Vigil, Amabile, Bird, Boesenecker, Brown,
Daugherty, deGruy Kennedy, English, Froelich, Gonzales-Gutierrez,
Hamrick, Herod, Joseph, Lindsay, Lindstedt, McCormick,
Michaelson Jenet, Ortiz, Ricks, Sirota, Weissman, Willford, Snyder, Story,
Woodrow.
C
ONCERNING GUN VIOLENCE VICTIMS ' ACCESS TO THE JUDICIAL SYSTEM.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal part 5 of article
21 of title 13.
SECTION 2. In Colorado Revised Statutes, add article 27 to title
6 as follows:
ARTICLE 27
Firearms and Ammunition Manufacturers
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. 6-27-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 27 IS THE
"JESSI REDFIELD GHAWI'S ACT FOR GUN VIOLENCE VICTIMS' ACCESS TO
JUSTICE AND FIREARMS INDUSTRY ACCOUNTABILITY".
6-27-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a) T
HE STATE OF COLORADO HAS A COMPELLING INTEREST IN
PROTECTING THE LIFE
, HEALTH, SAFETY, AND WELL-BEING OF COLORADO
RESIDENTS
;
(b) U
NLAWFUL AND IRRESPONSIBLE CONDUCT BY THE FIREARM
INDUSTRY POSE SIGNIFICANT RISKS TO THE LIFE
, HEALTH, SAFETY, AND
WELL
-BEING OF COLORADO RESIDENTS;
(c) O
UR STATE AND OUR NATION HAVE A LONG -STANDING
HISTORICAL TRADITION OF PRESCRIBING STANDARDS OF RESPONSIBLE
CONDUCT AND ACCOUNTABILITY FOR INDUSTRIES WHOSE BUSINESS
PRACTICES MAY CAUSE HARM TO THE PUBLIC
;
(d) T
HE FEDERAL "PROTECTION OF LAWFUL COMMERCE IN ARMS
ACT" PRESERVES STATES ' CRITICAL AUTHORITY TO ENACT LAWS
PRESCRIBING AND ENFORCING STANDARDS OF RESPONSIBLE CONDUCT AND
ACCOUNTABILITY FOR FIREARM INDUSTRY MEMBERS
;
(e) I
T IS THE POLICY OF THIS STATE THAT FIREARM INDUSTRY
MEMBERS HAVE A DUTY AND RESPONSIBILITY TO FOLLOW
COLORADO LAW,
INCLUDING NOT ENGAGING IN UNFAIR OR DECEPTIVE TRADE PRACTICES IN
VIOLATION OF THE
"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1
OF THIS TITLE 6; AND
(f) IT IS FURTHER THE POLICY OF THIS STATE THAT VICTIMS HARMED
BY FIREARM INDUSTRY MEMBERS
' WRONGFUL AND UNLAWFUL CONDUCT ,
AND PUBLIC OFFICIALS ACTING ON BEHALF OF THE PEOPLE OF COLORADO,
SHALL NOT BE BARRED FROM PURSUING CIVIL ACTIONS SEEKING
APPROPRIATE JUSTICE AND FAIR REMEDIES FOR THOSE HARMS IN COURT
,
INCLUDING CIVIL ACTIONS FOR HARMS CAUSED BY NEGLIGENT ENTRUSTMENT
OF FIREARM INDUSTRY PRODUCTS
, CONSISTENT WITH ANY LIMITATIONS OR
IMMUNITIES OTHERWISE PROVIDED IN STATE OR FEDERAL LAW
.
PAGE 2-SENATE BILL 23-168 (2) IT IS FURTHER THE POLICY OF THIS STATE THAT PRODUCT
LIABILITY FOR INJURY
, DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF
A FIREARM OR AMMUNITION IS NOT BASED UPON THE INHERENT POTENTIAL
OF A FIREARM TO CAUSE INJURY
, DAMAGE, OR DEATH WHEN DISCHARGED. IT
SHALL BE THE FURTHER POLICY OF THIS STATE THAT A CIVIL ACTION IN TORT
FOR ANY REMEDY ARISING FROM PHYSICAL OR EMOTI ONAL INJURY
, PHYSICAL
DAMAGE
, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM IS NOT BASED
UPON THE INHERENT POTENTIAL OF A FIREARM TO CAUSE INJURY
, DAMAGE,
OR DEATH WHEN DISCHARGED .
6-27-103. Definitions. A
S USED IN THIS ARTICLE 27, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "F
IREARM INDUSTRY MEMBER " MEANS A PERSON , FIRM,
CORPORATION, OR ANY OTHER ENTITY ENGAGED IN THE MANUFACTURE ,
DISTRIBUTION, IMPORTATION, MARKETING, OR WHOLESALE OR RETAIL SALE
OF A FIREARM INDUSTRY PRODUCT
.
(2) "F
IREARM INDUSTRY PRODUCT " MEANS:
(a) A
FIREARM, AS DEFINED IN SECTION 18-1-901;
(b) A
MMUNITION;
(c) A
COMPLETED OR UNFINISHED FRAME OR RECEIVER ;
(d) A
FIREARM COMPONENT OR MAGAZINE ;
(e) A
DEVICE MARKETED OR SOLD TO THE PUBLIC THAT IS DESIGNED
OR ADAPTED TO BE INSERTED INTO
, AFFIXED ONTO, OR USED IN CONJUNCTION
WITH A FIREARM
, IF THE DEVICE IS:
(I) R
EASONABLY DESIGNED OR INTENDED TO BE USED TO INCREASE
A FIREARM
'S RATE OF FIRE, CONCEALABILITY, MAGAZINE CAPACITY, OR
DESTRUCTIVE CAPACITY
; OR
(II) REASONABLY DESIGNED OR INTENDED TO INCREASE THE
FIREARM
'S STABILITY AND HANDLING WHEN THE FIREARM IS REPEATEDLY
FIRED
; AND
PAGE 3-SENATE BILL 23-168 (f) ANY MACHINE OR DEVICE THAT IS MARKETED OR SOLD TO THE
PUBLIC
, OR REASONABLY DESIGNED OR INTENDED TO BE USED TO
MANUFACTURE OR PRODUCE A FIREARM OR ANY OTHER FIREARM INDUSTRY
PRODUCT AS DESCRIBED IN THIS SUBSECTION
(2).
(3) "U
NFINISHED FRAME OR RECEIVER " MEANS ANY FORGING ,
CASTING PRINTING, EXTRUSION, MACHINED BODY, OR SIMILAR ARTICLE THAT
HAS REACHED A STAGE IN MANUFACTURE WHEN IT MAY BE READILY
COMPLETED
, ASSEMBLED, OR CONVERTED TO BE USED AS THE FRAME OR
RECEIVER OF A FUNCTIONAL FIREARM OR THAT IS MARKETED OR SOLD TO
THE PUBLIC TO BECOME OR BE USED AS THE FRAME OR RECEIVER OF A
FUNCTIONAL FIREARM ONCE COMPLETED
, ASSEMBLED, OR CONVERTED.
6-27-104. Firearm industry standards of responsible conduct.
(1) T
HIS SECTION APPLIES TO A FIREARM INDUSTRY MEMBER ENGAGED IN
THE MANUFACTURE
, DISTRIBUTION, IMPORTATION, MARKETING, OR
WHOLESALE OR RETAIL SALE OF A FIREARM INDUSTRY PRODUCT THAT MEETS
ANY OF THE FOLLOWING CONDITIONS
:
(a) T
HE FIREARM INDUSTRY PRODUCT WAS SOLD , MADE,
DISTRIBUTED, OR MARKETED IN THIS STATE; OR
(b) THE FIREARM INDUSTRY PRODUCT WAS INTENDED TO BE SOLD ,
MADE, DISTRIBUTED, OR MARKETED IN THIS STATE.
(2) A
FIREARM INDUSTRY MEMBER SHALL NOT KNOWINGLY ENGAGE
IN CONDUCT
, THROUGH ACTS OR OMISSIONS , THAT VIOLATES THE
"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF THIS TITLE 6,
INCLUDING ANY UNFAIR OR DECEPTIVE TRADE PRACTICE , AS DESCRIBED IN
SECTION
6-1-105.
(3) A
FIREARM INDUSTRY MEMBER SHALL NOT KNOWINGLY ENGAGE
IN CONDUCT
, THROUGH ACTS OR OMISSIONS, THAT VIOLATES ARTICLE 12 OF
TITLE
18.
6-27-105. Cause of action for violations of standards of
responsible conduct. (1) A
PERSON OR ENTITY THAT HAS SUFFERED HARM
AS A RESULT OF A FIREARM INDUSTRY MEMBER
'S ACTS OR OMISSIONS IN
KNOWING VIOLATION OF SECTION
6-27-104 MAY BRING A CIVIL ACTION
PURSUANT TO THIS ARTICLE
27 IN A COURT OF COMPETENT JURISDICTION.
PAGE 4-SENATE BILL 23-168 (2) THE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S
DESIGNEE
, MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION TO ENFORCE THIS ARTICLE
27 AND REMEDY HARMS CAUSED BY
ANY ACTS OR OMISSIONS IN KNOWING VIOLATION OF SECTION
6-27-104.
(3) I
N AN ACTION BROUGHT PURSUANT TO THIS SECTION , IF THE
COURT DETERMINES THAT A FIREARM INDUSTRY MEMBER ENGAGED IN
CONDUCT IN VIOLATION OF SECTION
6-27-104, THE COURT SHALL AWARD
JUST AND APPROPRIATE RELIEF
, WHICH MAY INCLUDE BUT IS NOT LIMITED TO:
(a) I
NJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE FIREARM
INDUSTRY MEMBER AND ANY OTHER DEFE NDANT FROM FURTHER VIOLATING
THIS ARTICLE
27;
(b) C
OMPENSATORY AND PUNITIVE DAMAGES ;
(c) R
EASONABLE ATTORNEY FEES , FILING FEES, AND REASONABLE
COSTS OF ACTION
; AND
(d) ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO
ENFORCE THIS ARTICLE
27 AND REMEDY THE HARM CAUSED BY THE
VIOLATION
.
(4) I
N AN ACTION BROUGHT PURSUANT TO THIS ARTICLE 27, AND
NOTWITHSTANDING ANY INTERVENING ACT BY A THIRD PARTY
, IF A FIREARM
INDUSTRY MEMBER
'S KNOWING VIOLATION OF THIS ARTICLE 27 CREATES A
REASONABLY FORESEEABLE RISK THAT HARM WOULD OCCUR
, THE FIREARM
INDUSTRY MEMBER
'S VIOLATION IS PRESUMED TO BE THE PROXIMATE CAUSE
OF THE HARM SUFFERED BY THE PLAINTIFF
.
(5) A
N ACTION BROUGHT PURSUANT TO THIS SECTION MUST BE
COMMENCED WITHIN FIVE YEARS AFTER THE DATE THAT THE VIOLATION
OCCURRED OR THE HARM WAS INCURRED
.
(6) A
CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION MAY BE
BROUGHT IN
:
(a) T
HE COUNTY IN WHICH ALL OR A SUBSTANTIAL PART OF THE
EVENTS OR OMISSIONS GIVING RISE TO THE CLAIM OCCURRED
;
PAGE 5-SENATE BILL 23-168 (b) THE COUNTY OF RESIDENCE OF ANY ONE OF THE NATURAL
PERSON DEFENDANTS AT THE TIME THE CAUSE OF ACTION ACCRUED
;
(c) T
HE COUNTY OF THE PRINCIPAL OFFICE IN THIS STATE OF ANY OF
THE DEFENDANTS THAT IS NOT A NATURAL PERSON
; OR
(d) THE COUNTY OF RESIDENCE FOR THE PLAINTIFF IF THE PLAINTIFF
IS A NATURAL PERSON RESIDING IN
COLORADO.
6-27-106. Limitations. (1) N
OTHING IN THIS ARTICLE 27 LIMITS OR
IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL
, OR ANY
PERSON OR ENTITY
, TO PURSUE A LEGAL ACTION PURSUANT TO ANY OTHER
LAW
, CAUSE OF ACTION, TORT THEORY, OR OTHER AUTHORITY.
(2) N
OTHING IN THIS ARTICLE 27 LIMITS OR IMPAIRS IN ANY WAY AN
OBLIGATION OR REQUIREMENT PLACED ON A FIREARM INDUSTRY MEMBER BY
ANY OTHER AUTHORITY
.
(3) T
HIS ARTICLE 27 MUST BE CONSTRUED AND APPLIED IN A MANNER
THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE CONSTITUTIONS OF
COLORADO AND THE UNITED STATES.
SECTION 3. Severability. If any provision of this act or the
application thereof to any person or circumstance is held invalid, such
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 4. Effective date. This act takes effect October 1, 2023.
PAGE 6-SENATE BILL 23-168 SECTION 5. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
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 7-SENATE BILL 23-168