SENATE BILL 23-169
BY SENATOR(S) Mullica and Danielson, Bridges, Coleman, Cutter,
Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Moreno,
Rodriguez, Sullivan, Fenberg;
also REPRESENTATIVE(S) Duran and Hamrick, Kipp, Amabile, Bacon,
Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy, Dickson, English,
Froelich, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt,
Mabrey, McCormick, Michaelson Jenet, Parenti, Ricks, Sirota, Snyder,
Valdez, Velasco, Weissman, Willford, Woodrow, McCluskie.
C
ONCERNING INCREASING THE LEGAL AGE TO PURCHASE A FIREARM TO
TWENTY
-ONE YEARS OF AGE, WITH LIMITED EXCEPTIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-12-101, add (1)(b.7)
and (1)(c.5) as follows:
18-12-101. Peace officer affirmative defense - definitions. (1) As
used in this article 12, unless the context otherwise requires:
(b.7) "F
IREARM" MEANS ANY WEAPON, INCLUDING A STARTER GUN,
THAT CAN, IS DESIGNED TO, OR MAY READILY BE CONVERTED TO EXPEL A
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PROJECTILE BY THE ACTION OF AN EXPLOSIVE; THE FRAME OR RECEIVER OF
A FIREARM
; OR A FIREARM SILENCER. "FIREARM" DOES NOT INCLUDE AN
ANTIQUE FIREARM
, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16). IN THE CASE
OF A LICENSED COLLECTOR
, "FIREARM" MEANS ONLY CURIOS AND RELICS .
"F
IREARM" INCLUDES A WEAPONS PARTS KIT THAT IS DESIGNED TO OR MAY
READILY BE COMPLETED
, ASSEMBLED, RESTORED, OR OTHERWISE
CONVERTED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE
.
"F
IREARM" DOES NOT INCLUDE A WEAPON , INCLUDING A WEAPONS PARTS
KIT
, IN WHICH THE FRAME OR RECEIVER OF THE FIREARM , AS DEFINED IN
SUBSECTION
(1)(c.5) OF THIS SECTION, OR THE WEAPON, IS DESTROYED.
(c.5) "F
RAME OR RECEIVER OF A FIREARM " MEANS A PART OF A
FIREARM THAT
, WHEN THE COMPLETE FIREARM IS ASSEMBLED , IS VISIBLE
FROM THE EXTERIOR AND PROVIDES HOUSING OR A STRUCTURE DESIGNED TO
HOLD OR INTEGRATE ONE OR MORE FIRE CONTROL COMPONENTS
, EVEN IF
PINS OR OTHER ATTACHMENTS ARE REQUIRED TO CONNECT THE FIRE
CONTROL COMPONENTS
. ANY PART OF A FIREARM IMPRINTED WITH A SERIAL
NUMBER IS PRESUMED TO BE A FRAME OR RECEIVER OF A FIREARM
, UNLESS
THE FEDERAL BUREAU OF ALCOHOL
, TOBACCO, FIREARMS, AND EXPLOSIVES
MAKES AN OFFICIAL DETERMINATION OTHERWISE OR THERE IS OTHER
RELIABLE EVIDENCE TO THE CONTRARY
.
SECTION 2. In Colorado Revised Statutes, 18-12-112, add (2)(e),
(2)(f), and (2)(g) as follows:
18-12-112. Private firearms transfers - sale and purchase -
background check required - penalty - definitions. (2) (e) A
PERSON
WHO IS NOT A LICENSED GUN DEALER SHALL NOT MAKE OR FACILITATE THE
SALE OF A FIREARM TO A PERSON WHO IS LESS THAN TWENTY
-ONE YEARS OF
AGE
.
(f) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
YEARS OF AGE TO PURCHASE A FIREARM
.
(g) S
UBSECTIONS (2)(e) AND (2)(f) OF THIS SECTION DO NOT APPLY
IF
:
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
POLICIES OF THE
UNITED STATES ARMED FORCES; OR
PAGE 2-SENATE BILL 23-169 (II) THE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
16-2.5-101, WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
POLICIES OF THE EMPLOYING AGENCY
, AS SET FORTH IN SECTION 16-2.5-101
AND SECTION 16-2.5-135; OR
(III) THE PERSON IS CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO
SECTION
16-2.5-102.
SECTION 3. In Colorado Revised Statutes, 18-12-112.5, amend
(1) as follows:
18-12-112.5. Firearms transfers by licensed dealers - sale and
purchase - background check required - penalty - definitions. (1) (a) It
is unlawful for a licensed gun dealer to transfer a firearm to a transferee
until the dealer has obtained approval for the firearms transfer from the
bureau after the bureau has completed any background check required by
state or federal law.
(a.3) A
PERSON WHO IS A LICENSED GUN DEALER SHALL NOT MAKE
OR FACILITATE THE SALE OF A FIREARM TO A PERSON WHO IS LESS THAN
TWENTY
-ONE YEARS OF AGE.
(a.5) I
T IS UNLAWFUL FOR A PERSON WHO IS LESS THAN TWENTY -ONE
YEARS OF AGE TO PURCHASE A FIREARM
. THIS SUBSECTION (1)(a.5) AND
SUBSECTION
(1)(a.3) OF THIS SECTION DO NOT APPLY IF:
(I) T
HE PERSON IS AN ACTIVE MEMBER OF THE UNITED STATES
ARMED FORCES WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
POLICIES OF THE
UNITED STATES ARMED FORCES; OR
(II) THE PERSON IS A PEACE OFFICER, AS DESCRIBED IN SECTION
16-2.5-101, WHILE ON DUTY AND SERVING IN CONFORMANCE WITH THE
POLICIES OF THE EMPLOYING AGENCY
, AS SET FORTH IN SECTION 16-2.5-101
AND SECTION 16-2.5-135; OR
(III) AN INDIVIDUAL CERTIFIED BY THE P.O.S.T. BOARD PURSUANT
TO SECTION
16-2.5-102.
(b) Transferring
OR SELLING a firearm in violation of this subsection
(1) is a class 1 misdemeanor.
PAGE 3-SENATE BILL 23-169 (c) PURCHASING A FIREARM IN VIOLATION OF THIS SUBSECTION (1)
IS A CLASS 2 MISDEMEANOR.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 4-SENATE BILL 23-169 unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 23-169