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. 23-0811.02 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
Amended 2nd Reading
March 10, 2023
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, add
2
(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; OR A FIREARM SILENCER. "FIREARM" DOES NOT INCLUDE AN9
ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16). IN THE CASE10
OF A LICENSED COLLECTOR, "FIREARM" MEANS ONLY CURIOS AND RELICS.11
"F
IREARM" INCLUDES A WEAPONS PARTS KIT THAT IS DESIGNED TO OR MAY
12
READILY BE COMPLETED , ASSEMBLED, RESTORED, OR OTHERWISE13
CONVERTED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE .14
"F
IREARM" DOES NOT INCLUDE A WEAPON, INCLUDING A WEAPONS PARTS
15
KIT, IN WHICH THE FRAME OR RECEIVER OF THE FIREARM , AS DEFINED IN16
SUBSECTION (1)(c.5) OF THIS SECTION, OR THE WEAPON, IS DESTROYED.17
(c.5) "F
RAME OR RECEIVER OF A FIREARM " MEANS A PART OF A
18
FIREARM THAT, WHEN THE COMPLETE FIREARM IS ASSEMBLED , IS VISIBLE19
FROM THE EXTERIOR AND PROVIDES HOUSING OR A STRUCTURE DESIGNED20
169-2- TO HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS , EVEN1
IF PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE2
CONTROL COMPONENTS . ANY PART OF A FIREARM IMPRINTED WITH A3
SERIAL NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM ,4
UNLESS THE FEDERAL BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND5
EXPLOSIVES MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE6
IS OTHER RELIABLE EVIDENCE TO THE CONTRARY .7
SECTION 2. In Colorado Revised Statutes, amend 18-12-108.58
as follows:9
18-12-108.5. Possession of firearms by persons less than10
twenty-one years of age - prohibited - exceptions - penalty.11
(1) (a) Except as provided in this section, it is unlawful for any person12
who has not attained the age of eighteen years IS LESS THAN TWENTY-ONE13
YEARS OF AGE TO knowingly to have any handgun FIREARM in such14
person's possession.15
(b) Any person possessing any handgun FIREARM in violation of16
paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION17
commits the offense of illegal possession of a handgun FIREARM by a18
juvenile PERSON LESS THAN TWENTY-ONE YEARS OF AGE.19
(c) (I) Illegal possession of a handgun by a juvenile FIREARM BY20
A PERSON LESS THAN TWENTY -ONE YEARS OF AGE is a class 221
misdemeanor.22
(II) For any second or subsequent offense, illegal possession of a23
handgun by a juvenile FIREARM BY A PERSON LESS THAN TWENTY -ONE24
YEARS OF AGE is a class 5 felony.25
(d) A person under the age of LESS THAN eighteen years OF AGE26
who is taken into custody by a law enforcement officer for an offense27
169
-3- pursuant to this section must be taken into temporary custody in the1
manner described in section 19-2.5-305.2
(2) This section shall DOES not apply to:3
(a) Any A person under the age of eighteen WHO IS LESS THAN4
TWENTY-ONE years OF AGE who is TEMPORARILY POSSESSING A FIREARM5
FOR THE PURPOSE OF:6
(I) In attendance at ATTENDING a hunter's safety EDUCATION7
course or a firearms safety 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 range is located or any other area where the11
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 THE16
performance; or17
(IV) Hunting or trapping pursuant to a valid license issued to such18
THE person pursuant to article 4 of title 33; C.R.S.; or19
(IV.1) H
UNTING, TRAPPING, TAKING, OR KILLING WILDLIFE
20
PURSUANT TO 33-6-107 (9); OR21
(IV.3) P
ARTICIPATING IN A BONA FIDE SHOOTING CLASS , TRAINING,
22
OR SANCTIONED EVENT, UNDER THE SUPERVISION OF A CERTIFIED PEACE23
OFFICER OR A PERSON WHO IS TWENTY-FIVE YEARS OF AGE OR OLDER AND24
WHO IS A CERTIFIED HUNTER EDUCATION INSTRUCTOR OR FIREARMS25
TRAINING INSTRUCTOR; OR26
(IV.5) H
UNTING WITH A VALID HUNTING LICENSE AND
27
169
-4- ACCOMPANIED BY A MENTOR , AS DEFINED BY THE PARKS AND WILDLIFE1
COMMISSION, WHO HAS A VERIFIED HUNTER EDUCATION CARD , AS2
REQUIRED BY ARTICLE 4 OF TITLE 33 OR RULES PROMULGATED BY THE3
PARKS AND WILDLIFE COMMISSION ; OR4
(IV.6) P
ARTICIPATING IN AN ACCREDITED GUNSMITHING COURSE
5
IN A STATE-AUTHORIZED INSTITUTION OF HIGHER EDUCATION OR AN6
INSTITUTION REGULATED BY THE PRIVATE OCCUPATIONAL SCHOOL7
DIVISION; OR8
(V) Traveling with any handgun FIREARM in such THE person's9
possession being unloaded to or from any activity described in10
subparagraph (I), (II), (III), or (IV) of this paragraph (a); SUBSECTION11
(2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(IV), (2)(a)(IV.1), (2)(a)(IV.3),12
(2)(a)(IV.5),
OR (2)(a)(IV.6) OF THIS SECTION; OR
13
(b) Any A person under the age of eighteen WHO IS LESS THAN14
TWENTY-ONE years OF AGE who is on real property under the control of15
such THE person's parent, legal guardian, or grandparent and who has the16
permission of such THE person's parent or legal guardian to possess a17
handgun THE FIREARM; OR18
(c) Any person under the age of eighteen years who is at such19
person's residence and who, with the permission of such
THE person's
20
parent or legal guardian, A PERSON WHO possesses a handgun FIREARM21
for the purpose of exercising the rights contained in section 18-1-704 or22
section 18-1-704.5 OR FOR THE DEFENSE OF LIVESTOCK; OR23
(d) A
PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE WHO
24
HAS BEEN ISSUED A HUNTER EDUCATION CARD BY THE PARKS AND25
WILDLIFE COMMISSION AS REQUIRED BY TITLE 33 OR RULES PROMULGATED26
BY THE PARKS AND WILDLIFE COMMISSION ; OR27
169
-5- (e) A PERSON WHO IS AN ACTIVE MEMBER OF THE UNITED STATES1
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE2
POLICIES OF THE UNITED STATES ARMED FORCES; OR3
(f) A
PERSON WHO IS A PEACE OFFICER, AS DESCRIBED IN SECTION
4
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
5
POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION6
16-2.5-101
AND SECTION 16-2.5-135; OR
7
(g) A
N INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
8
TO SECTION 16-2.5-102; OR9
(h) A
PERSON WHO WAS AT LEAST EIGHTEEN YEARS OF AGE WHEN
10
S
ENATE BILL 23-169 WAS ENACTED IN 2023.
11
(3) For the purposes of subsection (2) of this section, a handgun12
FIREARM is "loaded" if:13
(a) There is a cartridge in the chamber of the handgun FIREARM;14
or15
(b) There is a cartridge in the cylinder of the handgun FIREARM,16
if the handgun FIREARM is a revolver; or17
(c) The handgun FIREARM, and the ammunition for such handgun18
THE FIREARM, is carried on the person of a person under the age of19
eighteen LESS THAN TWENTY-ONE years OF AGE or is in such close20
proximity to such person that such person could readily gain access to the21
handgun FIREARM and the ammunition and load the handgun FIREARM.22
(4) Repealed.23
SECTION 3. In Colorado Revised Statutes, amend 18-12-108.724
as follows:25
18-12-108.7. Unlawfully providing or permitting a juvenile to26
possess a firearm - penalty. (1) (a) Any A person who intentionally,27
169
-6- knowingly, or recklessly provides a handgun FIREARM, with or without1
remuneration, to any person under the age of LESS THAN eighteen years2
OF AGE in violation of section 18-12-108.5, or any person who knows of3
such juvenile's conduct which THAT violates section 18-12-108.5 and fails4
to make reasonable efforts to prevent such violation, commits the crime5
of unlawfully providing a handgun to a juvenile or permitting a juvenile6
to possess a handgun FIREARM.7
(b) Unlawfully providing a handgun A FIREARM to a juvenile or8
permitting a juvenile to possess a handgun FIREARM in violation of this9
subsection (1) is a class 4 felony.10
(2) (a) Any A person who intentionally, knowingly, or recklessly11
provides a handgun to a juvenile A FIREARM TO A JUVENILE or permits a12
juvenile to possess a handgun FIREARM, even though such THE person is13
aware of a substantial risk that such THE juvenile will use a handgun THE14
FIREARM to commit a felony offense, or who, being aware of such15
substantial risk, fails to make reasonable efforts to prevent the16
commission of the offense, commits the crime of unlawfully providing or17
permitting a juvenile to possess a handgun FIREARM. A person shall be18
deemed to have violated this paragraph (a) if such VIOLATES THIS19
SUBSECTION (2)(a) IF THE person provides a handgun to or permits the20
possession of a handgun FIREARM by any A juvenile who has been21
convicted of a crime of violence, as defined in section 18-1.3-406, or any22
A juvenile who has been adjudicated a juvenile delinquent for an offense23
which THAT would constitute a crime of violence, as defined in section24
18-1.3-406, if such THE juvenile were an adult.25
(b) Unlawfully providing a handgun to a juvenile A FIREARM TO26
A JUVENILE or permitting a juvenile to possess a handgun FIREARM in27
169
-7- violation of this subsection (2) is a class 4 felony.1
(3) With regard to firearms other than handguns, no person shall2
sell, rent, or transfer ownership or allow unsupervised possession of a3
firearm with or without remuneration to any juvenile without the consent4
of the juvenile's parent or legal guardian. Unlawfully providing a firearm5
other than a handgun to a juvenile in violation of this subsection (3) is a6
class 1 misdemeanor.7
(4) It shall IS not be an offense under PURSUANT TO this section if8
a person believes that a juvenile will physically harm the person if the9
person attempts to disarm the juvenile or prevent the juvenile from10
committing a violation of section 18-12-108.5.11
SECTION 4. In Colorado Revised Statutes, 18-12-112, add12
(2)(e), (2)(f), and (2)(g) as follows:13
18-12-112. Private firearms transfers - sale and purchase -14
background check required - penalty - definitions. (2) (e) A
PERSON
15
WHO IS NOT A LICENSED GUN DEALER SHALL NOT MAKE OR FACILITATE THE16
SALE OF A FIREARM TO A PERSON WHO IS LESS THAN TWENTY -ONE YEARS17
OF AGE.18
(f) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
19
YEARS OF AGE TO PURCHASE A FIREARM .20
(g) S
UBSECTIONS (2)(e) AND (2)(f) OF THIS SECTION DO NOT APPLY
21
IF:22
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
23
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE24
POLICIES OF THE UNITED STATES ARMED FORCES; OR25
(II) T
HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
26
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
27
169
-8- POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION1
16-2.5-101
AND SECTION 16-2.5-135; OR
2
(III) T
HE PERSON IS CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
3
TO SECTION 16-2.5-102.4
SECTION 5. In Colorado Revised Statutes, 18-12-112.5, amend5
(1) as follows:6
18-12-112.5. Firearms transfers by licensed dealers - sale and7
purchase - background check required - penalty - definitions.8
(1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a9
transferee until the dealer has obtained approval for the firearms transfer10
from the bureau after the bureau has completed any background check11
required by state or federal law.12
(a.3) A
PERSON WHO IS A LICENSED GUN DEALER SHALL NOT MAKE
13
OR FACILITATE THE SALE OF A FIREARM TO A PERSON WHO IS LESS THAN14
TWENTY-ONE YEARS OF AGE.15
(a.5) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN
16
TWENTY-ONE YEARS OF AGE TO PURCHASE A FIREARM . THIS SUBSECTION17
(1)(a.5)
DOES NOT APPLY IF:
18
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
19
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE20
POLICIES OF THE UNITED STATES ARMED FORCES; OR21
(II) T
HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
22
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
23
POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION24
16-2.5-101
AND SECTION 16-2.5-135; OR
25
(III) A
N INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
26
TO SECTION 16-2.5-102.27
169
-9- (b) Transferring OR SELLING a firearm in violation of this1
subsection (1) is a class 1 misdemeanor.2
SECTION 6. In Colorado Revised Statutes, 18-12-108, amend3
(7) introductory portion and (7)(ww) as follows:4
18-12-108. Possession of weapons by previous offenders.5
(7) In addition to a conviction for felony crime as defined in section6
24-4.1-302 (1), a felony conviction or adjudication for one of the7
following felonies prohibits a person from possessing, using, or carrying8
upon his or her THE person a firearm as defined in section 18-1-9019
(3)(h) or any other weapon that is subject to this article 12 pursuant to10
subsection (1) or (3) of this section:11
(ww) Possession of a handgun by a juvenile FIREARM BY PERSONS12
LESS THAN TWENTY -ONE YEARS OF AGE in violation of section13
18-12-108.5;14
SECTION 7. In Colorado Revised Statutes, 19-1-304, amend15
(5.5) as follows:16
19-1-304. Juvenile delinquency records - division of youth17
services critical incident information - definitions. (5.5) Whenever a18
petition is filed in juvenile court alleging a class 1, class 2, class 3, or19
class 4 felony; a level 1, level 2, or level 3 drug felony; an offense20
involving unlawful sexual behavior as defined in section 16-22-102 (9);21
a crime of violence as described in section 18-1.3-406; a burglary offense22
as described in part 2 of article 4 of title 18; felony menacing, in violation23
of section 18-3-206; harassment, in violation of section 18-9-111; fourth24
degree arson, in violation of section 18-4-105; aggravated motor vehicle25
theft, in violation of section 18-4-409; hazing, in violation of section26
18-9-124; or possession of a handgun by a juvenile FIREARM BY PERSONS27
169
-10- LESS THAN TWENTY -ONE YEARS OF AGE , in violation of section1
18-12-108.5, or when a petition is filed in juvenile court in which the2
alleged victim of the crime is a student or staff person in the same school3
as the juvenile or in which it is alleged that the juvenile possessed a4
deadly weapon during the commission of the alleged crime, the5
prosecuting attorney, within three working days after the petition is filed,6
shall make good faith reasonable efforts to notify the principal of the7
school in which the juvenile is enrolled and shall provide such THE8
principal with the arrest and criminal records information, as defined in9
section 24-72-302 (1). In the event the prosecuting attorney, in good10
faith, is not able to either identify the school that the juvenile attends or11
contact the principal of the juvenile's school, then the prosecuting12
attorney shall contact the superintendent of the juvenile's school district.13
SECTION 8. In Colorado Revised Statutes, 19-2.5-305, amend14
(3)(a)(V) introductory portion and (3)(a)(V)(C) as follows:15
19-2.5-305. Detention and shelter - hearing - time limits -16
findings - review - confinement with adult offenders - restrictions.17
(3) (a) (V) A court shall not order further detention for a juvenile who18
is ten years of age and older but less than thirteen years of age unless the19
juvenile has been arrested or adjudicated for a felony or weapons charge20
pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5, OR21
18-12-108.7. The court shall receive any information having probative22
value regardless of its admissibility under the rules of evidence. In23
determining whether a juvenile requires detention, the court shall24
consider the results of the detention screening instrument. There is a25
rebuttable presumption that a juvenile poses a substantial risk of serious26
harm to others if:27
169
-11- (C) The juvenile is alleged to have committed possessing a1
dangerous or illegal weapon, as described in section 18-12-102;2
possession of a defaced firearm, as described in section 18-12-103;3
unlawfully carrying a concealed weapon, as described in section4
18-12-105; unlawfully carrying a concealed weapon on school, college,5
or university grounds, as described in section 18-12-105.5; prohibited use6
of weapons, as described in section 18-12-106; illegal discharge of a7
firearm, as described in section 18-12-107.5; or illegal possession of a8
handgun by a juvenile FIREARM BY PERSONS LESS THAN TWENTY -ONE9
YEARS OF AGE, as described in section 18-12-108.5.10
SECTION 9. In Colorado Revised Statutes, 19-2.5-502, amend11
(5)(a) introductory portion as follows:12
19-2.5-502. Petition initiation - petition form and content.13
(5) (a) Pursuant to section 19-1-126, in those delinquency proceedings14
to which the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec.15
1901 et seq., as amended, applies, including but not limited to status16
offenses such as the illegal possession or consumption of ethyl alcohol17
or marijuana by an underage person or illegal possession of marijuana18
paraphernalia by an underage person, as described in section 18-13-122,19
and possession of handguns by juveniles A FIREARM BY PERSONS LESS20
THAN TWENTY-ONE YEARS OF AGE, as described in section 18-12-108.5,21
the petition must:22
SECTION 10. In Colorado Revised Statutes, 19-2.5-1203,23
amend (5)(b)(VII) and (5)(b)(VIII) as follows:24
19-2.5-1203. Juvenile parole - hearing panels - definition.25
(5) (b) Subsection (5)(a) of this section allowing for extension of the26
period of parole applies to juveniles committed to the department of27
169
-12- human services due to an adjudication for one or more of the following1
offenses:2
(VII) Felony illegal possession of a handgun by a juvenile3
FIREARM BY PERSONS LESS THAN TWENTY -ONE YEARS OF AGE , as4
described in section 18-12-108.5, that would constitute a felony if5
committed by an adult;6
(VIII) Misdemeanor illegal possession of a handgun by a juvenile7
FIREARM BY PERSONS LESS THAN TWENTY -ONE YEARS OF AGE , as8
described in section 18-12-108.5, that would constitute a misdemeanor9
if committed by an adult, if the juvenile PERSON WHO IS LESS THAN10
TWENTY-ONE YEARS OF AGE is contemporaneously committed to the11
department of human services for an offense that would constitute a12
felony if committed by an adult; or13
SECTION 11. In Colorado Revised Statutes, 24-33.5-424,14
amend (3)(b.3)(IX) and (3)(b.3)(X); and repeal (3)(b.3)(XI) as follows:15
24-33.5-424. National instant criminal background check16
system - state point of contact - fee - grounds for denial of firearm17
transfer - appeal - rule-making - unlawful acts - instant criminal18
background check cash fund - creation. (3) (b.3) In addition to the19
grounds for denial specified in subsections (3)(a) and (3)(b) of this20
section, the bureau shall deny a transfer of a firearm if the prospective21
transferee has been convicted of any of the following offenses committed22
on or after June 19, 2021, if the offense is classified as a misdemeanor,23
or if the prospective transferee has been convicted in another state or24
jurisdiction, including a military or federal jurisdiction, of an offense that,25
if committed in Colorado, would constitute any of the following offenses26
classified as a misdemeanor offense, within five years prior to the27
169
-13- transfer:1
(IX) Cruelty to animals, as described in section 18-9-202 (1)(a)2
and (1.5);
OR
3
(X) Possession of an illegal weapon, as described in section4
18-12-102 (4). or5
(XI) Unlawfully providing a firearm other than a handgun to a6
juvenile, as described in section 18-12-108.7 (3).7
SECTION 12. Severability. If any provision of this act or the8
application thereof to any person or circumstance is held invalid, such9
invalidity does not affect other provisions or applications of the act that10
can be given effect without the invalid provision or application, and to11
this end the provisions of this act are declared to be severable.12
SECTION 13. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
169
-14-