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May 23, 2023 SB 23-169
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0811
Sen. Mullica; Danielson
Rep. Duran; Hamrick
Date:
Bill Status:
Fiscal Analyst:
May 23, 2023
Signed into Law
Clayton Mayfield | 303-866-5851
clayton.mayfield@coleg.gov
Bill Topic: INCREASING MINIMUM AGE TO PURCHASE FIREARMS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill prohibits, with certain exceptions, the purchase of firearms by persons under
21 years of age and selling firearms to such persons. Starting in the current
FY 2022-23, the bill may minimally impact state and local revenue and expenditures
on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Summary of Legislation
The bill prohibits the sale of a firearm to, or purchase of a firearm by, a person less than 21 years of
age. Exceptions to this prohibition are made for persons who are:
an active member serving in the US armed forces, while on duty;
a peace officer serving with an employing law enforcement agency, while on duty; or
certified by the Peace Officer Standards and Training (POST) board.
The prohibition applies to both private and licensed dealer transactions. Violations of the prohibition
are a class 2 misdemeanor for purchasers, a class 2 misdemeanor for private sellers, or a class 1
misdemeanor for licensed dealers.
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May 23, 2023 SB 23-169
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following sections outline data on crimes that are comparable to the offenses
in this bill and discuss assumptions on future rates of criminal convictions under the bill. Visit
leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes.
Purchase of a firearm by a person less than 21 years of age. This bill creates the new offense of
purchase of a firearm by a person less than 21 years of age, a class 2 misdemeanor. To form an
estimate of the prevalence of this new crime, the fiscal note analyzed the existing offense of
possession of a large-capacity magazine, a class 2 misdemeanor. From FY 2019-20 to FY 2021-22,
80 offenders have been sentenced and convicted for this existing offense, or about 26 per year.
Of the persons convicted, 76 were male, 3 were female, and 1 was unknown. Demographically,
45 were White, 31 were Black/African-American, 1 was Hispanic, 2 were Asian, and 1 was
unknown. Of the 80 individuals sentenced, 56 were sentenced by Denver County Court, which is
administered at the local level. The remaining 24 individuals, or about 8 per year, were sentenced
by a court administered by the state.
Private sale or transfer of firearm to a person less than 21 years of age. This bill creates the new
offense of private sale or transfer of a firearm to a person less than 21 years of age, a class 2
misdemeanor. To form an estimate on the prevalence of this new crime, the fiscal note analyzed
the existing offense of failure to perform required background checks for private firearm transfers,
a class 2 misdemeanor. From FY 2019-20 to FY 2021-22, 19 offenders have been sentenced and
convicted for this existing offense, or about 6 per year. Of the persons convicted, 16 were male
and 3 were female. Demographically, 14 were White, 4 were Black/African American, and 1 was
Hispanic.
Licensed dealer sale or transfer of a firearm to a person less than 21 years of age. This bill creates
the new offense of sale or transfer of a firearm by a licensed dealer to a person less than 21 years
of age, a class 1 misdemeanor. To form an estimate on the prevalence of this new crime, the fiscal
note analyzed the existing offense of failure to perform required background checks for firearm
transfers by a licensed dealer, a class 1 misdemeanor. From FY 2019-20 to FY 2021-22, one offender
was sentenced and convicted for this existing offense, a White female.
Assumptions
The bill expands the pool of people who may be subject to the offenses in the bill by raising the age
required to purchase a firearm from 18 to 21. However, given the relatively small number of cases
and convictions under current law, the bill’s exemptions, and the assumption that most people,
especially businesses, will comply with the law, any increase in cases is assumed to be minimal, likely
less than 15 misdemeanor cases per year. Also, many prosecutions under the bill will likely occur as
part of a broader criminal action for other crimes, which will limit the bill’s overall impact on the
criminal justice system.
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May 23, 2023 SB 23-169
State Revenue and Expenditures
Based on the assumptions above, this analysis assumes that there will be a minimal impact on state
revenue and expenditures. Under the bill, criminal fines and court fees, which are subject to TABOR,
may increase by a minimal amount. Similarly, any increase in workload and costs for the Judicial
Department, including the trial courts, Division of Probation, and agencies that provide
representation to indigent persons, are assumed to be minimal and no change in appropriations is
required.
Local Government
It is expected that the bill will increase costs for district attorneys to prosecute more offenses, or for
county jails to imprison more individuals under the bill. District attorney offices and county jails are
funded by counties.
Effective Date
The bill was signed into law by the Governor on April 28, 2023, and takes effect on August 7, 2023,
assuming no referendum petition is filed.
State and Local Government Contacts
Corrections Counties Denver County Courts
District Attorneys Human Services Information Technology
Judicial Municipalities Public Safety
Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.