Colorado 2023 Regular Session

Colorado Senate Bill SB169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0811.02 Jane Ritter x4342
1	8		SENATE BILL 23-169
2		-	BY SENATOR(S) Mullica and Danielson, Bridges, Coleman, Cutter,
3		-	Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Moreno,
4		-	Rodriguez, Sullivan, Fenberg;
5		-	also REPRESENTATIVE(S) Duran and Hamrick, Kipp, Amabile, Bacon,
6		-	Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy, Dickson, English,
7		-	Froelich, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt,
8		-	Mabrey, McCormick, Michaelson Jenet, Parenti, Ricks, Sirota, Snyder,
9		-	Valdez, Velasco, Weissman, Willford, Woodrow, McCluskie.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	A BILL FOR AN ACT
10	12		C
11		-	ONCERNING INCREASING THE LEGAL AGE TO PURCHASE A FIREARM TO
12		-	TWENTY
13		-	-ONE YEARS OF AGE, WITH LIMITED EXCEPTIONS.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 18-12-101, add (1)(b.7)
17		-	and (1)(c.5) as follows:
18		-	18-12-101. Peace officer affirmative defense - definitions. (1) As
19		-	used in this article 12, unless the context otherwise requires:
	13	+	ONCERNING INCREASING THE LEGAL AGE
	14	+	TO PURCHASE A101
	15	+	FIREARM TO TWENTY-ONE YEARS OF AGE, WITH LIMITED102
	16	+	EXCEPTIONS.103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Current law allows a person who is 18 years of age or older to
	25	+	knowingly possess or purchase a firearm. The bill increases that age
	26	+	requirement to a person who is 21 years of age or older and adds
	27	+	"intentionally" to the mens rea required for a person under 21 years of age
	28	+	to commit the offense of possessing or purchasing a firearm. The bill lists
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	March 27, 2023
	32	+	HOUSE
	33	+	Amended 2nd Reading
	34	+	March 26, 2023
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	March 13, 2023
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	March 10, 2023
	41	+	SENATE SPONSORSHIP
	42	+	Mullica and Danielson, Bridges, Coleman, Cutter, Exum, Fenberg, Fields, Gonzales,
	43	+	Hansen, Jaquez Lewis, Kolker, Moreno, Rodriguez, Sullivan
	44	+	HOUSE SPONSORSHIP
	45	+	Duran and Hamrick, Kipp, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty,
	46	+	deGruy Kennedy, Dickson, English, Froelich, Gonzales-Gutierrez, Herod, Jodeh, Joseph,
	47	+	Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Michaelson Jenet, Parenti, Ricks,
	48	+	Sirota, Snyder, Valdez, Velasco, Weissman, Willford, Woodrow
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. exceptions to the offense.
	52	+	Under current law, it is a class 4 felony to intentionally,
	53	+	knowingly, or recklessly provide, or allow to possess, a firearm, with or
	54	+	without remuneration, to any person under the age of 18 (juvenile). The
	55	+	bill makes it a class 2 misdemeanor to intentionally or knowingly sell or
	56	+	transfer a firearm to a juvenile.
	57	+	The bill makes conforming amendments.
	58	+	Be it enacted by the General Assembly of the State of Colorado:1
	59	+	SECTION 1. In Colorado Revised Statutes, 18-12-101, add
	60	+	2
	61	+	(1)(b.7) and (1)(c.5) as follows:3
	62	+	18-12-101. Peace officer affirmative defense - definitions.4
	63	+	(1) As used in this article 12, unless the context otherwise requires:5
20	64		(b.7) "F
21	65		IREARM" MEANS ANY WEAPON, INCLUDING A STARTER GUN,
22		-	THAT CAN, IS DESIGNED TO, OR MAY READILY BE CONVERTED TO EXPEL A
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. PROJECTILE BY THE ACTION OF AN EXPLOSIVE; THE FRAME OR RECEIVER OF
31		-	A FIREARM
32		-	; OR A FIREARM SILENCER. "FIREARM" DOES NOT INCLUDE AN
33		-	ANTIQUE FIREARM
34		-	, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16). IN THE CASE
35		-	OF A LICENSED COLLECTOR
36		-	, "FIREARM" MEANS ONLY CURIOS AND RELICS .
	66	+	6
	67	+	THAT CAN, IS DESIGNED TO, OR MAY READILY BE CONVERTED TO EXPEL A7
	68	+	PROJECTILE BY THE ACTION OF AN EXPLOSIVE; THE FRAME OR RECEIVER OF8
	69	+	A FIREARM; OR A FIREARM SILENCER. "FIREARM" DOES NOT INCLUDE AN9
	70	+	ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16). IN THE CASE10
	71	+	OF A LICENSED COLLECTOR, "FIREARM" MEANS ONLY CURIOS AND RELICS.11
37	72		"F
38	73		IREARM" INCLUDES A WEAPONS PARTS KIT THAT IS DESIGNED TO OR MAY
39		-	READILY BE COMPLETED
40		-	, ASSEMBLED, RESTORED, OR OTHERWISE
41		-	CONVERTED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE
42		-	.
	74	+	12
	75	+	READILY BE COMPLETED , ASSEMBLED, RESTORED, OR OTHERWISE13
	76	+	CONVERTED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE .14
43	77		"F
44	78		IREARM" DOES NOT INCLUDE A WEAPON, INCLUDING A WEAPONS PARTS
45		-	KIT
46		-	, IN WHICH THE FRAME OR RECEIVER OF THE FIREARM , AS DEFINED IN
47		-	SUBSECTION
48		-	(1)(c.5) OF THIS SECTION, OR THE WEAPON, IS DESTROYED.
	79	+	15
	80	+	KIT, IN WHICH THE FRAME OR RECEIVER OF THE FIREARM , AS DEFINED IN16
	81	+	SUBSECTION (1)(c.5) OF THIS SECTION, OR THE WEAPON, IS DESTROYED.17
49	82		(c.5) "F
50	83		RAME OR RECEIVER OF A FIREARM " MEANS A PART OF A
51		-	FIREARM THAT
52		-	, WHEN THE COMPLETE FIREARM IS ASSEMBLED , IS VISIBLE
53		-	FROM THE EXTERIOR AND PROVIDES HOUSING OR A STRUCTURE DESIGNED TO
54		-	HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS
55		-	, EVEN IF
56		-	PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE
57		-	CONTROL COMPONENTS
58		-	. ANY PART OF A FIREARM IMPRINTED WITH A SERIAL
59		-	NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM
60		-	, UNLESS
61		-	THE FEDERAL BUREAU OF ALCOHOL
62		-	, TOBACCO, FIREARMS, AND EXPLOSIVES
63		-	MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE IS OTHER
64		-	RELIABLE EVIDENCE TO THE CONTRARY
65		-	.
66		-	SECTION 2. In Colorado Revised Statutes, 18-12-112, add (2)(e),
67		-	(2)(f), and (2)(g) as follows:
68		-	18-12-112. Private firearms transfers - sale and purchase -
	84	+	18
	85	+	FIREARM THAT, WHEN THE COMPLETE FIREARM IS ASSEMBLED , IS VISIBLE19
	86	+	FROM THE EXTERIOR AND PROVIDES HOUSING OR A STRUCTURE DESIGNED20
	87	+	TO HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS , EVEN21
	88	+	IF PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE22
	89	+	169-2- CONTROL COMPONENTS . ANY PART OF A FIREARM IMPRINTED WITH A1
	90	+	SERIAL NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM ,2
	91	+	UNLESS THE FEDERAL BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND3
	92	+	EXPLOSIVES MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE4
	93	+	IS OTHER RELIABLE EVIDENCE TO THE CONTRARY .5
	94	+	6
	95	+	SECTION 2. In Colorado Revised Statutes, 18-12-112, add7
	96	+	(2)(e), (2)(f), and (2)(g) as follows:8
	97	+	18-12-112. Private firearms transfers - sale and purchase -9
69	98		background check required - penalty - definitions. (2) (e) A
70	99		PERSON
71		-	WHO IS NOT A LICENSED GUN DEALER SHALL NOT MAKE OR FACILITATE THE
72		-	SALE OF A FIREARM TO A PERSON WHO IS LESS THAN TWENTY
73		-	-ONE YEARS OF
74		-	AGE
75		-	.
	100	+	10
	101	+	WHO IS NOT A LICENSED GUN DEALER SHALL NOT MAKE OR FACILITATE THE11
	102	+	SALE OF A FIREARM TO A PERSON WHO IS LESS THAN TWENTY -ONE YEARS12
	103	+	OF AGE.13
76	104		(f) I
77	105		T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
78		-	~~YEARS OF AGE TO PURCHASE A FIREARM~~
79		-	.
	106	+	14
	107	+	YEARS OF AGE TO PURCHASE A FIREARM .15
80	108		(g) S
81	109		UBSECTIONS (2)(e) AND (2)(f) OF THIS SECTION DO NOT APPLY
82		-	IF
83		-	:
	110	+	16
	111	+	IF:17
84	112		(I) T
85	113		HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
86		-	ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
87		-	POLICIES OF THE
88		-	UNITED STATES ARMED FORCES; OR
89		-	PAGE 2-SENATE BILL 23-169 (II) THE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
90		-	16-2.5-101, WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
91		-	POLICIES OF THE EMPLOYING AGENCY
92		-	, AS SET FORTH IN SECTION 16-2.5-101
	114	+	18
	115	+	ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE19
	116	+	POLICIES OF THE UNITED STATES ARMED FORCES; OR20
	117	+	(II) T
	118	+	HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
	119	+	21
	120	+	16-2.5-101,
	121	+	WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
	122	+	22
	123	+	POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION23
	124	+	16-2.5-101
93	125		AND SECTION 16-2.5-135; OR
94		-	(III) THE PERSON IS CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO
95		-	SECTION
96		-	16-2.5-102.
97		-	SECTION 3. In Colorado Revised Statutes, 18-12-112.5, amend
98		-	(1) as follows:
99		-	18-12-112.5. Firearms transfers by licensed dealers - sale and
100		-	purchase - background check required - penalty - definitions. (1) (a) It
101		-	is unlawful for a licensed gun dealer to transfer a firearm to a transferee
102		-	until the dealer has obtained approval for the firearms transfer from the
103		-	bureau after the bureau has completed any background check required by
104		-	state or federal law.
	126	+	24
	127	+	(III) T
	128	+	HE PERSON IS CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
	129	+	25
	130	+	TO SECTION 16-2.5-102.26
	131	+	SECTION 3. In Colorado Revised Statutes, 18-12-112.5, amend27
	132	+	169
	133	+	-3- (1) as follows:1
	134	+	18-12-112.5. Firearms transfers by licensed dealers - sale and2
	135	+	purchase - background check required - penalty - definitions.3
	136	+	(1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a4
	137	+	transferee until the dealer has obtained approval for the firearms transfer5
	138	+	from the bureau after the bureau has completed any background check6
	139	+	required by state or federal law.7
105	140		(a.3) A
106	141		PERSON WHO IS A LICENSED GUN DEALER SHALL NOT MAKE
107		-	~~OR FACILITATE THE SALE OF A FIREARM TO A PERSON WHO IS LESS THAN~~
108		-	~~TWENTY~~
109		-	-ONE YEARS OF AGE.
	142	+	8
	143	+	OR FACILITATE THE SALE OF A FIREARM TO A PERSON WHO IS LESS THAN9
	144	+	TWENTY-ONE YEARS OF AGE.10
110	145		(a.5) I
111		-	T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
112		-	YEARS OF AGE TO PURCHASE A FIREARM
113		-	. THIS SUBSECTION (1)(a.5) AND
114		-	SUBSECTION
115		-	(1)(a.3) OF THIS SECTION DO NOT APPLY IF:
	146	+	T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN
	147	+	11
	148	+	TWENTY-ONE YEARS OF AGE TO PURCHASE A FIREARM . THIS SUBSECTION12
	149	+	(1)(a.5) AND SUBSECTION (1)(a.3) OF THIS SECTION DO NOT APPLY IF:13
116	150		(I) T
117	151		HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
118		-	ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
119		-	POLICIES OF THE
120		-	UNITED STATES ARMED FORCES; OR
121		-	(II) THE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
122		-	16-2.5-101, WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
123		-	POLICIES OF THE EMPLOYING AGENCY
124		-	, AS SET FORTH IN SECTION 16-2.5-101
	152	+	14
	153	+	ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE15
	154	+	POLICIES OF THE UNITED STATES ARMED FORCES; OR16
	155	+	(II) T
	156	+	HE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
	157	+	17
	158	+	16-2.5-101,
	159	+	WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
	160	+	18
	161	+	POLICIES OF THE EMPLOYING AGENCY , AS SET FORTH IN SECTION19
	162	+	16-2.5-101
125	163		AND SECTION 16-2.5-135; OR
126		-	(III) AN INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
127		-	TO SECTION
128		-	16-2.5-102.
	164	+	20
	165	+	(III) A
	166	+	N INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
	167	+	21
	168	+	TO SECTION 16-2.5-102.22
129	169		(b) Transferring
130		-	OR SELLING a firearm in violation of this subsection
131		-	(1) is a class 1 misdemeanor.
132		-	PAGE 3-SENATE BILL 23-169 (c) PURCHASING A FIREARM IN VIOLATION OF THIS SUBSECTION (1)
133		-	IS A CLASS 2 MISDEMEANOR.
134		-	SECTION 4. Act subject to petition - effective date. This act
135		-	takes effect at 12:01 a.m. on the day following the expiration of the
136		-	ninety-day period after final adjournment of the general assembly; except
137		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
138		-	of the state constitution against this act or an item, section, or part of this act
139		-	within such period, then the act, item, section, or part will not take effect
140		-	PAGE 4-SENATE BILL 23-169 unless approved by the people at the general election to be held in
141		-	November 2024 and, in such case, will take effect on the date of the official
142		-	declaration of the vote thereon by the governor.
143		-	____________________________ ____________________________
144		-	Steve Fenberg Julie McCluskie
145		-	PRESIDENT OF SPEAKER OF THE HOUSE
146		-	THE SENATE OF REPRESENTATIVES
147		-	____________________________ ____________________________
148		-	Cindi L. Markwell Robin Jones
149		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
150		-	THE SENATE OF REPRESENTATIVES
151		-	APPROVED________________________________________
152		-	(Date and Time)
153		-	_________________________________________
154		-	Jared S. Polis
155		-	GOVERNOR OF THE STATE OF COLORADO
156		-	PAGE 5-SENATE BILL 23-169
	170	+	OR SELLING a firearm in violation of this
	171	+	23
	172	+	subsection (1) is a class 1 misdemeanor.24
	173	+	(c) PURCHASING A FIREARM IN VIOLATION OF THIS SUBSECTION (1)25
	174	+	IS A CLASS 2 MISDEMEANOR.26
	175	+	27
	176	+	169
	177	+	-4- SECTION 4. Act subject to petition - effective date. This act1
	178	+	takes effect at 12:01 a.m. on the day following the expiration of the2
	179	+	ninety-day period after final adjournment of the general assembly; except3
	180	+	that, if a referendum petition is filed pursuant to section 1 (3) of article4
	181	+	V of the state constitution against this act or an item, section, or part of5
	182	+	this act within such period, then the act, item, section, or part will not6
	183	+	take effect unless approved by the people at the general election to be7
	184	+	held in November 2024 and, in such case, will take effect on the date of8
	185	+	the official declaration of the vote thereon by the governor.9
	186	+	169
	187	+	-5-