First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0811.02 Jane Ritter x4342
SENATE BILL 23-169
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING INCREASING THE LEGAL AGE
TO PURCHASE A101
FIREARM TO TWENTY-ONE YEARS OF AGE, WITH LIMITED102
EXCEPTIONS.103
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
"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
HOUSE
3rd Reading Unamended
March 27, 2023
HOUSE
Amended 2nd Reading
March 26, 2023
SENATE
3rd Reading Unamended
March 13, 2023
SENATE
Amended 2nd Reading
March 10, 2023
SENATE SPONSORSHIP
Mullica and Danielson, Bridges, Coleman, Cutter, Exum, Fenberg, Fields, Gonzales,
Hansen, Jaquez Lewis, Kolker, Moreno, Rodriguez, Sullivan
HOUSE SPONSORSHIP
Duran and Hamrick, Kipp, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty,
deGruy Kennedy, Dickson, English, Froelich, Gonzales-Gutierrez, Herod, Jodeh, Joseph,
Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Michaelson Jenet, Parenti, Ricks,
Sirota, Snyder, Valdez, Velasco, Weissman, Willford, Woodrow
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. 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
TO HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS , EVEN21
IF PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE22
169-2- CONTROL COMPONENTS . ANY PART OF A FIREARM IMPRINTED WITH A1
SERIAL NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM ,2
UNLESS THE FEDERAL BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND3
EXPLOSIVES MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE4
IS OTHER RELIABLE EVIDENCE TO THE CONTRARY .5
6
SECTION 2. In Colorado Revised Statutes, 18-12-112, add7
(2)(e), (2)(f), and (2)(g) as follows:8
18-12-112. Private firearms transfers - sale and purchase -9
background check required - penalty - definitions. (2) (e) A
PERSON
10
WHO IS NOT A LICENSED GUN DEALER SHALL NOT MAKE OR FACILITATE THE11
SALE OF A FIREARM TO A PERSON WHO IS LESS THAN TWENTY -ONE YEARS12
OF AGE.13
(f) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
14
YEARS OF AGE TO PURCHASE A FIREARM .15
(g) S
UBSECTIONS (2)(e) AND (2)(f) OF THIS SECTION DO NOT APPLY
16
IF:17
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
18
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE19
POLICIES OF THE UNITED STATES ARMED FORCES; OR20
(II) T
HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
21
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
22
POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION23
16-2.5-101
AND SECTION 16-2.5-135; OR
24
(III) T
HE PERSON IS CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
25
TO SECTION 16-2.5-102.26
SECTION 3. In Colorado Revised Statutes, 18-12-112.5, amend27
169
-3- (1) as follows:1
18-12-112.5. Firearms transfers by licensed dealers - sale and2
purchase - background check required - penalty - definitions.3
(1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a4
transferee until the dealer has obtained approval for the firearms transfer5
from the bureau after the bureau has completed any background check6
required by state or federal law.7
(a.3) A
PERSON WHO IS A LICENSED GUN DEALER SHALL NOT MAKE
8
OR FACILITATE THE SALE OF A FIREARM TO A PERSON WHO IS LESS THAN9
TWENTY-ONE YEARS OF AGE.10
(a.5) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN
11
TWENTY-ONE YEARS OF AGE TO PURCHASE A FIREARM . THIS SUBSECTION12
(1)(a.5) AND SUBSECTION (1)(a.3) OF THIS SECTION DO NOT APPLY IF:13
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
14
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE15
POLICIES OF THE UNITED STATES ARMED FORCES; OR16
(II) T
HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
17
16-2.5-101,
WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
18
POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION19
16-2.5-101
AND SECTION 16-2.5-135; OR
20
(III) A
N INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
21
TO SECTION 16-2.5-102.22
(b) Transferring
OR SELLING a firearm in violation of this
23
subsection (1) is a class 1 misdemeanor.24
(c) PURCHASING A FIREARM IN VIOLATION OF THIS SUBSECTION (1)25
IS A CLASS 2 MISDEMEANOR.26
27
169
-4- SECTION 4. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article4
V of the state constitution against this act or an item, section, or part of5
this act within such period, then the act, item, section, or part will not6
take effect unless approved by the people at the general election to be7
held in November 2024 and, in such case, will take effect on the date of8
the official declaration of the vote thereon by the governor.9
169
-5-