Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0076.01 Jery Payne x2157
SENATE BILL 24-066
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT TH AT CERTAIN BUSINESSES WITH101
RELATIONSHIPS WITH FIREARMS MERCHANTS USE THE102
APPROPRIATE MERCHANT CATEGORY CODE .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
.)
The bill requires certain networks that facilitate payment
transactions to make the merchant category code for firearms and
ammunition (code) available to merchant acquirers (processor) who
process transactions for firearms merchants. A processor must assign the
code to each firearms merchant to which the processor provides services.
HOUSE
2nd Reading Unamended
April 3, 2024
SENATE
3rd Reading Unamended
February 21, 2024
SENATE
Amended 2nd Reading
February 20, 2024
SENATE SPONSORSHIP
Sullivan, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg, Fields, Gonzales,
Hansen, Jaquez Lewis, Kolker, Michaelson Jenet, Rodriguez, Winter F.
HOUSE SPONSORSHIP
Froelich and Mabrey,
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. The attorney general's office has exclusive authority to enforce the
bill. Before bringing an enforcement action, the attorney general's office
must notify in writing the person alleged to have violated the bill.
Standards are set for the notice. A violator has 30 days to cure the
violation in accordance with the standards in the bill.
If a person violates the bill and does not cure the violation, the
attorney general's office may bring an action to seek:
! A civil penalty of up to $10,000 for each violation; or
! An injunction or equitable relief that prevents a further
violation.
If the attorney general's office prevails in the action, a court may issue an
order requiring the violator to pay reasonable attorney fees and costs
incurred in bringing the action.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 2 to article2
27 of title 6 as follows:3
PART 24
PAYMENT PROCESSING FOR5
RETAIL SALES OF FIREARMS6
6-27-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "A
TTORNEY GENERAL" INCLUDES AN ATTORNEY GENERAL 'S9
DESIGNEE ACTING WITHIN THE SCOPE OF THE DESIGNEE 'S DUTIES AS AN10
EMPLOYEE OF THE ATTORNEY GENERAL 'S OFFICE.11
(2) "F
IREARM" HAS THE MEANING SET FORTH IN SECTION 18-1-90112
(3)(h).13
(3) "F
IREARM ACCESSORY" MEANS A DEVICE DESIGNED OR14
ADAPTED TO BE INSERTED INTO, ATTACHED TO, OR USED WITH A FIREARM15
IF THE DEVICE ALTERS:16
(a) T
HE FIRING CAPABILITIES OF THE FIREARM;17
(b) T
HE LETHALITY OF THE FIREARM; OR18
066-2- (c) THE SHOOTER'S ABILITY TO HOLD OR USE THE FIREARM.1
(4) "F
IREARMS MERCHANT" MEANS A BUSINESS THAT:2
(a) I
S PHYSICALLY LOCATED IN COLORADO;
3
(b) ACQUIRES AND SELLS FIREARMS, FIREARM ACCESSORIES, AND4
FIREARM AMMUNITION WITH THE INTENTION OF MAKING A PROFIT ; AND5
(c) HAS ITS HIGHEST GROSS REVENUE OR EXPECTED GROSS6
REVENUE FROM THE COMBINED SALE IN COLORADO OF FIREARMS, FIREARM7
ACCESSORIES, OR FIREARM AMMUNITION, AS STATED BY THE BUSINESS TO8
ITS MERCHANT ACQUIRER IN THE ORDINARY COURSE OF BUSINESS .9
(5) "M
ERCHANT ACQUIRER " MEANS A PERSON WITH A10
RELATIONSHIP WITH A MERCHANT FOR THE PURPOSES OF PROCESSING11
CREDIT, DEBIT, OR PREPAID TRANSACTIONS.12
(6) "M
ERCHANT CATEGORY CODE FOR FIREARMS " OR "CODE"13
MEANS THE MERCHANT CATEGORY CODE FOR FIREARMS AND AMMUNITION14
BUSINESSES ESTABLISHED BY THE INTERNATIONAL ORGANIZATION FOR15
S
TANDARDIZATION ON SEPTEMBER 9, 2022.16
(7) "P
AYMENT CARD NETWORK " MEANS A PERSON THAT PROVIDES17
SERVICES TO ROUTE TRANSACTIONS BETWEEN BANK PARTICIPANTS TO18
CONDUCT DEBIT, CREDIT, OR PREPAID TRANSACTIONS FOR THE PURPOSES19
OF AUTHORIZATION, CLEARANCE, OR SETTLEMENT.20
6-27-202. Payment card network - merchant category code.21
O
N AND AFTER SEPTEMBER 1, 2024, A PAYMENT CARD NETWORK SHALL22
MAKE THE MERCHANT CATEGORY CODE FOR FIREARMS AVAILABLE FOR23
MERCHANT ACQUIRERS THAT PROVIDE PAYMENT SERVICES FOR FIREARMS24
MERCHANTS.25
6-27-203. Merchant acquirer - merchant category. E
FFECTIVE26
M
AY 1, 2025, A MERCHANT ACQUIRER SHALL ASSIGN THE MERCHANT27
066
-3- CATEGORY CODE FOR FIREARMS TO EACH FIREARMS MERCHANT TO WHICH1
THE MERCHANT ACQUIRER PROVIDES SERVICES .2
6-27-204. Waivers void. A
CONTRACTUAL WAIVER OF THIS PART3
2
IS VOID BECAUSE THE WAIVER IS CONTRARY TO PUBLIC POLICY .4
6-27-205. Attorney general - exclusive enforcement authority.5
T
HE ATTORNEY GENERAL HAS EXCLUSIVE AUTHORITY TO ENFORCE THIS6
PART 2, WHICH DOES NOT GRANT ANY OTHER PERSON AUTHORITY TO7
BRING A CIVIL ACTION TO ENFORCE THIS PART 2 OR SEEK DAMAGES AS A8
RESULT OF A VIOLATION OF THIS PART 2.9
6-27-206. Enforcement. (1) N
OT FEWER THAN FORTY-FIVE DAYS10
BEFORE BRINGING AN ACTION UNDER SUBSECTION (3) OF THIS SECTION,11
THE ATTORNEY GENERAL MUST NOTIFY IN WRITING THE PERSON ALLEGED12
TO BE IN VIOLATION OF THIS PART 2. A COURT SHALL DISMISS, WITHOUT13
PREJUDICE, AN ACTION UNTIL THE ATTORNEY GENERAL HAS COMPLIED14
WITH THIS SUBSECTION (1). THE NOTICE MUST CONTAIN:15
(a) E
ACH SPECIFIC PROVISION OF THIS PART 2 THAT IS ALLEGED TO16
HAVE BEEN VIOLATED; AND17
(b) T
HE ACTS OR OMISSIONS THAT ARE ALLEGED TO HAVE18
VIOLATED EACH PROVISION DESCRIBED IN SUBSECTION (1)(a) OF THIS19
SECTION.20
(2) T
HE ATTORNEY GENERAL SHALL NOT BRING AN ACTION UNDER21
THIS SECTION IF THE PERSON THAT RECEIVES THE NOTICE DESCRIBED IN22
SUBSECTION (1) OF THIS SECTION:23
(a) C
URES THE DESCRIBED VIOLATION WITHIN THIRTY DAYS AFTER24
RECEIVING THE NOTICE;25
(b) P
ROVIDES THE ATTORNEY GENERAL A WRITTEN STATEMENT ,26
MADE UNDER PENALTY OF PERJURY , THAT THE PERSON HAS:27
066
-4- (I) CURED THE VIOLATION; AND1
(II) M
ADE ANY NECESSARY CHANGES TO THE PERSON 'S INTERNAL2
POLICIES TO PREVENT FUTURE VIOLATIONS OF THIS SECTION ; AND3
(c) P
ROVIDES ANY NECESSARY SUPPORTING DOCUMENTATION4
THAT SHOWS HOW THE VIOLATION WAS CURED .5
(3) A
PERSON THAT VIOLATES THIS PART 2 AND DOES NOT CURE6
THE VIOLATION IN ACCORDANCE WITH SUBSECTIONS (2)(a) TO (2)(c) OF7
THIS SECTION IS SUBJECT TO THE FOLLOWING AND THE ATTORNEY8
GENERAL MAY FILE AN ACTION SEEKING :9
(a) A
CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH10
VIOLATION; OR11
(b) A
N INJUNCTION OR EQUITABLE RELIEF THAT PREVENTS A12
FURTHER VIOLATION OF THIS PART 2.13
(4) I
F THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT14
PURSUANT TO THIS PART 2, A COURT MAY ISSUE AN ORDER REQUIRING THE15
VIOLATOR TO PAY REASONABLE ATTORNEY FEES AND COSTS INCURRED IN16
BRINGING THE ACTION.17
SECTION 2. In Colorado Revised Statutes, add 11-30-127 as
18
follows:19
11-30-127. Merchant code for firearms. A
PAYMENT CARD
20
NETWORK, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT21
ACQUIRER, AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH22
PART 2 OF ARTICLE 27 OF TITLE 6.23
SECTION 3. In Colorado Revised Statutes, add 11-105-211 as24
follows:25
11-105-211. Merchant code for firearms. A
PAYMENT CARD26
NETWORK, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT27
066
-5- ACQUIRER, AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH1
PART 2 OF ARTICLE 27 OF TITLE 6.2
SECTION 4. In Colorado Revised Statutes, amend 6-27-101 as3
follows:4
6-27-101. Short title. The short title of this article 27 PART 1 is5
the "Jessi Redfield Ghawi's Act For Gun Violence Victims' Access to6
Justice and Firearms Industry Accountability".7
SECTION 5. In Colorado Revised Statutes, 6-27-103, amend the8
introductory portion as follows:9
6-27-103. Definitions. As used in this article 27 PART 1, unless10
the context otherwise requires:11
SECTION 6. In Colorado Revised Statutes, 6-27-105, amend (1),12
(2), (3)(a), (3)(d), and (4) as follows:13
6-27-105. Cause of action for violations of standards of14
responsible conduct. (1) A person or entity that has suffered harm as a15
result of a firearm industry member's acts or omissions in knowing16
violation of section 6-27-104 may bring a civil action pursuant to this17
article 27 PART 1 in a court of competent jurisdiction.18
(2) The attorney general, or the attorney general's designee, may19
bring a civil action in a court of competent jurisdiction to enforce this20
article 27 PART 1 and remedy harms caused by any acts or omissions in21
knowing violation of section 6-27-104.22
(3) In an action brought pursuant to this section, if the court23
determines that a firearm industry member engaged in conduct in24
violation of section 6-27-104, the court shall award just and appropriate25
relief, which may include but is not limited to:26
(a) Injunctive relief sufficient to prevent the firearm industry27
066
-6- member and any other defendant from further violating this article 271
PART 1;2
(d) Any other just and appropriate relief necessary to enforce this3
article 27 PART 1 and remedy the harm caused by the violation.4
(4) In an action brought pursuant to this article 27 PART 1, and5
notwithstanding any intervening act by a third party, if a firearm industry6
member's knowing violation of this article 27 PART 1 creates a reasonably7
foreseeable risk that harm would occur, the firearm industry member's8
violation is presumed to be the proximate cause of the harm suffered by9
the plaintiff.10
SECTION 7. In Colorado Revised Statutes, amend 6-27-106 as11
follows:12
6-27-106. Limitations. (1) Nothing in this article 27 PART 113
limits or impairs in any way the right of the attorney general, or any14
person or entity, to pursue a legal action pursuant to any other law, cause15
of action, tort theory, or other authority.16
(2) Nothing in this article 27 PART 1 limits or impairs in any way17
an obligation or requirement placed on a firearm industry member by any18
other authority.19
(3) This article 27 PART 1 must be construed and applied in a20
manner that is consistent with the requirements of the constitutions of21
Colorado and the United States.22
SECTION 8. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
066
-7- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
066
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