First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0811.02 Jane Ritter x4342
SENATE BILL 23-169
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING INCREASING THE LEG AL AGE FOR CERTAIN CONDUCT101
RELATED TO A FIREARM , AND, IN CONNECTION THEREWITH ,102
INCREASING THE LEGAL AGE TO PURCHASE , POSSESS, SELL, OR103
TRANSFER A FIREARM.104
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 allows a person who is 18 years of age or older to
knowingly possess or purchase a firearm. The bill increases that age
requirement to a person who is 21 years of age or older and adds
SENATE SPONSORSHIP
Mullica and Danielson,
HOUSE SPONSORSHIP
Duran and Hamrick, Kipp
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. "intentionally" to the mens rea required for a person under 21 years of age
to commit the offense of possessing or purchasing a firearm. The bill lists
exceptions to the offense.
Under current law, it is a class 4 felony to intentionally,
knowingly, or recklessly provide, or allow to possess, a firearm, with or
without remuneration, to any person under the age of 18 (juvenile). The
bill makes it a class 2 misdemeanor to intentionally or knowingly sell or
transfer a firearm to a juvenile.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-12-101, add2
(1)(b.7) and (1)(c.5) as follows:3
18-12-101. Peace officer affirmative defense - definitions.4
(1) As used in this article 12, unless the context otherwise requires:5
(b.7) "F
IREARM" MEANS ANY WEAPON, INCLUDING A STARTER GUN,6
THAT CAN, IS DESIGNED TO, OR MAY READILY BE CONVERTED TO EXPEL A7
PROJECTILE BY THE ACTION OF AN EXPLOSIVE; THE FRAME OR RECEIVER OF8
A FIREARM; A FIREARM SILENCER; AND A DESTRUCTIVE DEVICE , AS9
DEFINED IN SECTION 18-9-101. "FIREARM" DOES NOT INCLUDE AN ANTIQUE10
FIREARM, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16). IN THE CASE OF A11
LICENSED COLLECTOR, "FIREARM" MEANS ONLY CURIOS AND RELICS .12
"F
IREARM" INCLUDES A WEAPONS PARTS KIT THAT IS DESIGNED TO OR MAY13
READILY BE COMPLETED , ASSEMBLED, RESTORED, OR OTHERWISE14
CONVERTED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE .15
"F
IREARM" DOES NOT INCLUDE A WEAPON, INCLUDING A WEAPON PARTS16
KIT, IN WHICH THE FRAME OR RECEIVER OF THE FIREARM , AS DEFINED IN17
SUBSECTION (1)(c.5) OF THIS SECTION, OR THE WEAPON, IS DESTROYED.18
(c.5) "F
RAME OR RECEIVER OF A FIREARM " MEANS A PART OF A19
FIREARM THAT, WHEN THE COMPLETE FIREARM IS ASSEMBLED , IS VISIBLE20
SB23-169-2- FROM THE EXTERIOR AND PROVIDES HOUSING OR A STRUCTURE DESIGNED1
TO HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS , EVEN2
IF PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE3
CONTROL COMPONENTS . ANY PART OF A FIREARM IMPRINTED WITH A4
SERIAL NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM ,5
UNLESS THE FEDERAL BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND6
EXPLOSIVES MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE7
IS OTHER RELIABLE EVIDENCE TO THE CONTRARY .8
SECTION 2. In Colorado Revised Statutes, amend 18-12-108.59
as follows:10
18-12-108.5. Possession, purchase, sale, or transfer of firearms11
- prohibited - exceptions - penalty. (1) (a) Except as provided in this12
section, it is unlawful for any person who has not attained the age of13
eighteen IS NOT TWENTY-ONE years OF AGE OR OLDER TO INTENTIONALLY14
OR knowingly to have any handgun in such person's possession PURCHASE15
OR POSSESS ANY FIREARM. THIS SUBSECTION (1)(a) DOES NOT APPLY IF:16
(I) T
HE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE , HAS A17
HUNTING LICENSE, AND PURCHASES OR POSSESSES A FIREARM THAT IS NOT18
A HANDGUN OR SEMI-AUTOMATIC CENTER FIRE RIFLE; OR19
(II) T
HE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER BUT LESS20
THAN TWENTY-ONE YEARS OF AGE AND POSSESSES A HANDGUN OR21
SEMI-AUTOMATIC CENTER FIRE RIFLE WHILE UNDER THE DIRECT22
SUPERVISION OF AN IMMEDIATE FAMILY MEMBER WHO IS TWENTY -FIVE23
YEARS OF AGE OR OLDER; OR24
(III) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES25
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE26
POLICIES OF THE UNITED STATES ARMED FORCES; OR27
SB23-169
-3- (IV) THE PERSON IS A PEACE OFFICER, AS DEFINED IN SECTION1
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE2
POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION3
16-2.5-101
(2).4
(a.5) E
XCEPT AS PROVIDED IN THIS SECTION, IT IS UNLAWFUL FOR5
ANY PERSON TO INTENTIONALLY OR KNOWINGLY SELL OR TRANSFER A6
FIREARM TO A PERSON WHO IS LESS THAN TWENTY -ONE YEARS OF AGE;7
EXCEPT THAT THIS SUBSECTION (1)(a.5) DOES NOT APPLY IF THE TRANSFER8
IS:9
(I) A
BONA FIDE GIFT TO AN IMMEDIATE FAMILY MEMBER WHO IS10
EIGHTEEN YEARS OF AGE OR OLDER BUT LESS THAN TWENTY -ONE YEARS11
OF AGE; OR12
(II) T
O A PERSON WHO IS AN ACTIVE MEMBER OF THE UNITED13
S
TATES ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE14
WITH THE POLICIES OF THE UNITED STATES ARMED FORCES; OR15
(III) T
O A PEACE OFFICER, AS DEFINED IN SECTION 16-2.5-101,16
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE POLICIES OF17
THE EMPLOYING AGENCY, AS SET FORTH IN SECTION 16-2.5-101 (2).18
(b) Any person possessing any handgun in violation of paragraph
19
(a) of this subsection (1) commits the offense of illegal possession of a20
handgun by a juvenile.21
(c) (I) Illegal possession of a handgun by a juvenile is a class 222
misdemeanor.23
(II) For any second or subsequent offense, illegal possession of a24
handgun by a juvenile is a class 5 felony.25
(d) A person under the age of eighteen years who is taken into26
custody by a law enforcement officer for an offense pursuant to this27
SB23-169
-4- section must be taken into temporary custody in the manner described in1
section 19-2.5-305.2
(2) S
UBSECTION (1)(a) OF this section shall
DOES not apply to:3
(a) Any A person under the age of eighteen years WHO IS LESS4
THAN TWENTY-ONE YEARS OF AGE, WITH RESPECT TO A FIREARM OTHER5
THAN A HANDGUN OR SEMI-AUTOMATIC CENTER FIRE RIFLE, who is:6
(I) In attendance at a hunter's safety course or a firearms safety7
course; or8
(II) Engaging in practice in the use of a firearm or target shooting9
at an established range authorized by the governing body of the10
jurisdiction in which such THE range is located or any other area where11
the discharge of a firearm is not prohibited; or12
(III) Engaging in an organized competition involving the use of13
a firearm or participating in or practicing for a performance by an14
organized group under 501 (c)(3) as determined by the federal internal15
revenue service which THAT uses firearms as a part of such performance;16
or17
(IV) Hunting or trapping pursuant to a valid license issued to such18
person pursuant to article 4 of title 33; C.R.S.; or19
(V) Traveling with any handgun in such person's possession being20
unloaded AN UNLOADED FIREARM to or from any activity described in21
subparagraph (I), (II), (III), or (IV) of this paragraph (a) SUBSECTION22
(2)(a)(I), (2)(a)(II), (2)(a)(III),
OR (2)(a)(IV) OF THIS SECTION; OR23
(b) Any
A person under the age of WHO IS LESS THAN eighteen24
years
OF AGE who is on real property under the control of such
THE25
person's parent, legal guardian, or grandparent and who has the26
permission of such THE person's parent or legal guardian to possess a27
SB23-169
-5- handgun FIREARM THAT IS NOT A HANDGUN OR SEMI-AUTOMATIC CENTER1
FIRE RIFLE; OR2
(c) Any person under the age of eighteen years A PERSON WHO IS3
LESS THAN TWENTY-ONE YEARS OF AGE who is at such THE person's4
residence and who, with the permission of such THE person's parent or5
legal guardian, possesses a handgun FIREARM for the purpose of6
exercising the rights contained in section 18-1-704 or section 18-1-704.5;7
OR8
(d) A
PERSON WHO IS AN ACTIVE MEMBER OF THE UNITED STATES9
ARMED FORCES.10
(3) For the purposes of subsection (2) of this section, a handgun
11
FIREARM is "loaded" if:12
(a) There is a cartridge in the chamber of the handgun FIREARM;13
or14
(b) There is a cartridge in the cylinder of the handgun FIREARM if15
the handgun FIREARM is a revolver; or16
(c) The handgun FIREARM, and the ammunition for such handgun17
THE FIREARM, is carried on the person of a person under the age of18
eighteen years WHO IS LESS THAN TWENTY-ONE YEARS OF AGE or is in19
such close proximity to such THE person that such THE person could20
readily gain access to the handgun FIREARM and the ammunition and load21
the handgun FIREARM.22
(4) Repealed.23
(5) (a) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS24
SECTION COMMITS THE OFFENSE OF ILLEGAL POSSESSION , PURCHASE, SALE,25
OR TRANSFER OF A FIREARM.26
(b) (I) I
LLEGAL POSSESSION, PURCHASE, SALE, OR TRANSFER OF A27
SB23-169
-6- FIREARM IS A CLASS 2 MISDEMEANOR.1
(II) F
OR ANY SECOND OR SUBSEQUENT OFFENSE , ILLEGAL2
POSSESSION, PURCHASE, SALE, OR TRANSFER OF A FIREARM IS A CLASS 53
FELONY.4
(c) A
PERSON WHO IS LESS THAN EIGHTEEN YEARS AGE WHO IS5
TAKEN INTO CUSTODY BY A LAW ENFORCEMENT OFFICER FOR AN OFFENSE6
PURSUANT TO THIS SECTION MUST BE TAKEN INTO TEMPORARY CUSTODY7
IN THE MANNER DESCRIBED IN SECTION 19-2.5-305.8
SECTION 3. In Colorado Revised Statutes, amend 18-12-108.79
as follows:10
18-12-108.7. Unlawfully providing or permitting a juvenile to11
possess a firearm - penalty. (1) (a) Any
A person who intentionally,12
knowingly, or recklessly provides a handgun FIREARM, with or without13
remuneration, to any person under the age of eighteen years in violation14
of section 18-12-108.5 or any person who knows of such juvenile's15
conduct which THAT violates section 18-12-108.5 and fails to make16
reasonable efforts to prevent such violation commits the crime of17
unlawfully providing a handgun to a juvenile or permitting a juvenile to18
possess a handgun FIREARM.19
(b) Unlawfully providing a handgun to a juvenile or permitting a20
juvenile to possess a handgun FIREARM in violation of this subsection (1)21
is a class 4 felony.22
(2) (a) Any A person who intentionally, knowingly, or recklessly23
provides a handgun to a juvenile or permits a juvenile to possess a24
handgun FIREARM, even though such THE person is aware of a substantial25
risk that such THE juvenile will use a handgun FIREARM to commit a26
felony offense, or who, being aware of such substantial risk, fails to make27
SB23-169
-7- reasonable efforts to prevent the commission of the offense, commits the1
crime of unlawfully providing or permitting a juvenile to possess a2
handgun FIREARM. A person shall be deemed to have violated this3
paragraph (a) if such VIOLATES THIS SUBSECTION (2)(a) IF THE person4
provides a handgun to or permits the possession of a handgun FIREARM5
by any A juvenile who has been convicted of a crime of violence, as6
defined in section 18-1.3-406, or any A juvenile who has been adjudicated7
a juvenile delinquent for an offense which THAT would constitute a crime8
of violence, as defined in section 18-1.3-406, if such THE juvenile were9
an adult.10
(b) Unlawfully providing a handgun to a juvenile or permitting a11
juvenile to possess a handgun FIREARM in violation of this subsection (2)12
is a class 4 felony.13
(3) With regard to firearms other than handguns, no person shall14
sell, rent, or transfer ownership or allow unsupervised possession of a15
firearm with or without remuneration to any juvenile without the consent16
of the juvenile's parent or legal guardian. Unlawfully providing a firearm17
other than a handgun to a juvenile in violation of this subsection (3) is a18
class 1 misdemeanor.19
(4) It shall IS not be an offense under this section if a person20
believes that a juvenile will physically harm the person if the person21
attempts to disarm the juvenile or prevent the juvenile from committing22
a violation of section 18-12-108.5.23
SECTION 4. In Colorado Revised Statutes, 18-12-108, amend24
(7) introductory portion and (7)(ww) as follows:25
18-12-108. Possession of weapons by previous offenders. (7) In26
addition to a conviction for felony crime as defined in section 24-4.1-30227
SB23-169
-8- (1), a felony conviction or adjudication for one of the following felonies1
prohibits a person from possessing, using, or carrying upon his or her THE2
person a firearm as defined in section 18-1-901 (3)(h) or any other3
weapon that is subject to this article 12 pursuant to subsection (1) or (3)4
of this section:5
(ww) Possession,
PURCHASE, SALE, OR TRANSFER of a handgun by
6
a juvenile FIREARM in violation of section 18-12-108.5;7
SECTION 5. In Colorado Revised Statutes, 19-1-304, amend8
(5.5) as follows:9
19-1-304. Juvenile delinquency records - division of youth10
services critical incident information - definitions. (5.5) Whenever a11
petition is filed in juvenile court alleging a class 1, class 2, class 3, or12
class 4 felony; a level 1, level 2, or level 3 drug felony; an offense13
involving unlawful sexual behavior as defined in section 16-22-102 (9);14
a crime of violence as described in section 18-1.3-406; a burglary offense15
as described in part 2 of article 4 of title 18; felony menacing, in violation16
of section 18-3-206; harassment, in violation of section 18-9-111; fourth17
degree arson, in violation of section 18-4-105; aggravated motor vehicle18
theft, in violation of section 18-4-409; hazing, in violation of section19
18-9-124; or possession,
PURCHASE, SALE, OR TRANSFER of a handgun by
20
a juvenile FIREARM, in violation of section 18-12-108.5, or when a21
petition is filed in juvenile court in which the alleged victim of the crime22
is a student or staff person in the same school as the juvenile or in which23
it is alleged that the juvenile possessed a deadly weapon during the24
commission of the alleged crime, the prosecuting attorney, within three25
working days after the petition is filed, shall make good faith reasonable26
efforts to notify the principal of the school in which the juvenile is27
SB23-169
-9- enrolled and shall provide such THE principal with the arrest and criminal1
records information, as defined in section 24-72-302 (1). In the event the2
prosecuting attorney, in good faith, is not able to either identify the school3
that the juvenile attends or contact the principal of the juvenile's school,4
then the prosecuting attorney shall contact the superintendent of the5
juvenile's school district.6
SECTION 6. In Colorado Revised Statutes, 19-2.5-305, amend7
(3)(a)(V) introductory portion and (3)(a)(V)(C) as follows:8
19-2.5-305. Detention and shelter - hearing - time limits -9
findings - review - confinement with adult offenders - restrictions.10
(3) (a) (V) A court shall not order further detention for a juvenile who is11
ten years of age and older but less than thirteen years of age unless the12
juvenile has been arrested or adjudicated for a felony or weapons charge13
pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5, OR14
18-12-108.7. The court shall receive any information having probative15
value regardless of its admissibility under the rules of evidence. In16
determining whether a juvenile requires detention, the court shall consider17
the results of the detention screening instrument. There is a rebuttable18
presumption that a juvenile poses a substantial risk of serious harm to19
others if:20
(C) The juvenile is alleged to have committed possessing a21
dangerous or illegal weapon, as described in section 18-12-102;22
possession of a defaced firearm, as described in section 18-12-103;23
unlawfully carrying a concealed weapon, as described in section24
18-12-105; unlawfully carrying a concealed weapon on school, college,25
or university grounds, as described in section 18-12-105.5; prohibited use26
of weapons, as described in section 18-12-106; illegal discharge of a27
SB23-169
-10- firearm, as described in section 18-12-107.5; or illegal possession,1
PURCHASE, SALE, OR TRANSFER of a handgun by a juvenile FIREARM, as2
described in section 18-12-108.5.3
SECTION 7. In Colorado Revised Statutes, 19-2.5-502, amend4
(5)(a) introductory portion as follows:5
19-2.5-502. Petition initiation - petition form and content.6
(5) (a) Pursuant to section 19-1-126, in those delinquency proceedings7
to which the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec.8
1901 et seq., as amended, applies, including but not limited to status9
offenses such as the illegal possession or consumption of ethyl alcohol or10
marijuana by an underage person or illegal possession of marijuana11
paraphernalia by an underage person, as described in section 18-13-122,12
and possession,
PURCHASE, SALE, OR TRANSFER of handguns by juveniles
13
A FIREARM, as described in section 18-12-108.5, the petition must:14
SECTION 8. In Colorado Revised Statutes, 19-2.5-1203, amend15
(5)(b)(VII) and (5)(b)(VIII) as follows:16
19-2.5-1203. Juvenile parole - hearing panels - definition.17
(5) (b) Subsection (5)(a) of this section allowing for extension of the18
period of parole applies to juveniles committed to the department of19
human services due to an adjudication for one or more of the following20
offenses:21
(VII) Felony illegal possession,
PURCHASE, SALE, OR TRANSFER of22
a handgun by a juvenile
FIREARM, as described in section 18-12-108.5,23
that would constitute a felony if committed by an adult;24
(VIII) Misdemeanor illegal possession,
PURCHASE, SALE, OR25
TRANSFER of a handgun by a juvenile
FIREARM, as described in section26
18-12-108.5, that would constitute a misdemeanor if committed by an27
SB23-169
-11- adult, if the juvenile PERSON WHO IS LESS THAN TWENTY -ONE YEARS OF1
AGE is contemporaneously committed to the department of human2
services for an offense that would constitute a felony if committed by an3
adult; or4
SECTION 9. In Colorado Revised Statutes, 24-33.5-424, amend5
(3)(b.3)(IX) and (3)(b.3)(X); and repeal (3)(b.3)(XI) as follows:6
24-33.5-424. National instant criminal background check7
system - state point of contact - fee - grounds for denial of firearm8
transfer - appeal - rule-making - unlawful acts - instant criminal9
background check cash fund - creation. (3) (b.3) In addition to the10
grounds for denial specified in subsections (3)(a) and (3)(b) of this11
section, the bureau shall deny a transfer of a firearm if the prospective12
transferee has been convicted of any of the following offenses committed13
on or after June 19, 2021, if the offense is classified as a misdemeanor,14
or if the prospective transferee has been convicted in another state or15
jurisdiction, including a military or federal jurisdiction, of an offense that,16
if committed in Colorado, would constitute any of the following offenses17
classified as a misdemeanor offense, within five years prior to the18
transfer:19
(IX) Cruelty to animals, as described in section 18-9-202 (1)(a)20
and (1.5);
OR21
(X) Possession of an illegal weapon, as described in section22
18-12-102 (4). or
23
(XI) Unlawfully providing a firearm other than a handgun to a24
juvenile, as described in section 18-12-108.7 (3).25
SECTION 10. Safety clause. The general assembly hereby finds,26
SB23-169
-12- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
SB23-169
-13-