Colorado 2025 2025 Regular Session

Colorado Senate Bill SB034 Engrossed / Bill

Filed 04/17/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0082.02 Conrad Imel x2313
SENATE BILL 25-034
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING VOLUNTARILY WAIVIN G THE RIGHT TO PURCHASE A101
FIREARM.102
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 establishes a process for a person to voluntarily waive the
right to purchase a firearm (voluntary waiver). The Colorado bureau of
investigation (bureau) shall deny a firearm transfer to the person while the
voluntary waiver is in effect. The bureau shall develop an online portal
for a person to electronically file for a voluntary waiver, update contact
information, and revoke a voluntary waiver. The bureau is required to
SENATE
3rd Reading Unamended
April 17, 2025
SENATE
Amended 2nd Reading
April 15, 2025
SENATE SPONSORSHIP
Kipp, Amabile, Bridges, Coleman, Cutter, Danielson, Gonzales J., Michaelson Jenet, Snyder,
Sullivan, Wallace, Weissman, Winter F.
HOUSE SPONSORSHIP
Boesenecker,
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. verify the filer's identity before accepting a voluntary waiver or
revocation.
The bureau shall enter a voluntary waiver into the national instant
criminal background check system and any other federal or state
computer-based systems used to identify prohibited purchasers of
firearms.
A person may revoke the voluntary waiver by filing for revocation
with the bureau. The waiver remains in effect for 30 days after the bureau
accepts the revocation.
The person filing the voluntary waiver form may provide the name
and contact information of a person who will be contacted if the person
attempts to purchase a firearm while the voluntary waiver is in effect or
if the filer revokes the voluntary waiver.
The bill prohibits attempting to purchase a firearm while subject
to a voluntary waiver. Attempting to purchase a firearm while subject to
a voluntary waiver is a civil infraction, punishable by a maximum $25
fine.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Short title. The short title of this act is the2
"Colorado Voluntary Do-Not-Sell Act".3
SECTION 2.  Legislative declaration. (1)  The general assembly4
finds and declares that:5
(a)  There were 27,032 firearm suicide deaths in the United States6
in 2022;7
(b)  In 2023, Colorado had among the highest suicide rates in the8
United States. The state was ranked eighth overall for suicide deaths and9
thirteenth for suicide deaths by firearm.10
(c)  By far the largest number of firearm deaths in Colorado in11
2023 were suicides: 717 Coloradans died by self-inflicted gunshot wound,12
which accounted for 70 percent of all firearm deaths. Firearms were used13
in 56 percent of all suicides in the state.14
(d)  Buying a firearm is associated with an increased risk of suicide15
because, as one study found, the suicide rate among recent firearm16
034-2- purchasers was 57 times the overall rate;1
(e)  Many suicide attempts are impulsive. One study of survivors2
of firearm suicide attempts found that a majority had suicidal thoughts for3
less than a day.4
(f)  Research shows that delaying access to firearms significantly5
reduces gun suicide, without increasing non-gun suicide;6
(g)  With firearms, there are very few second chances because7
approximately 85 percent of gun suicide attempts result in death;8
(h)  Surviving one suicide attempt usually makes all the difference.9
Only around 10 percent of serious suicide attempt survivors eventually10
die by suicide. Most people take advantage of their second chance, which11
they will rarely get if they use a firearm.12
(i)  By delaying access to firearms for those who chose to13
voluntarily participate on a do-not-sell list, it is reasonable to expect a14
reduction in overall suicide risk.15
SECTION 3. In Colorado Revised Statutes, add 24-33.5-424.516
as follows:17
24-33.5-424.5.  Voluntary waiver of the right to purchase a18
firearm - revocation of waiver - rules - notice to revisor - definitions.19
(1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
REQUIRES:21
(a)  "C
ONTACT PERSON" MEANS THE PERSON DESIGNATED AS A22
CONTACT PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION BY THE23
PERSON VOLUNTARILY WAIVING THE RIGHT TO PURCHASE A FIREARM .24
(b)  "V
OLUNTARY WAIVER" MEANS A VOLUNTARY WAIVER OF THE25
RIGHT TO PURCHASE A FIREARM AS DESCRIBED IN THIS SECTION .26
(2) (a)  A
 PERSON MAY VOLUNTARILY WAIVE THE RIGHT TO27
034
-3- PURCHASE A FIREARM. PURSUANT TO SECTION 24-33.5-424 (3)(b)(III),1
WHILE THE WAIVER IS IN EFFECT, THE BUREAU SHALL DENY THE TRANSFER2
OF A FIREARM TO A PERSON WHO VOLUNTARILY WAIVED THE RIGHT TO3
PURCHASE A FIREARM.4
(b)  T
HE BUREAU SHALL DEVELOP AN ONLINE PORTAL FOR A PERSON5
TO ELECTRONICALLY FILE FOR A VOLUNTARY WAIVER , UPDATE CONTACT6
INFORMATION, AND REVOKE A VOLUNTARY WAIVER .7
(3) (a)  T
O VOLUNTARILY WAIVE THE RIGHT TO PURCHASE A8
FIREARM, A PERSON MUST FILE A VOLUNTARY WAIVER WITH THE BUREAU .9
T
HE BUREAU SHALL VERIFY THE PERSON 'S IDENTITY PRIOR TO ACCEPTING10
THE VOLUNTARY WAIVER .11
(b)  A
 PERSON WHO VOLUNTARILY WAIVES THE RIGHT TO PURCHASE12
A FIREARM MAY DESIGNATE ONE OR MORE CONTACT PERSONS WHO WILL13
BE CONTACTED, PURSUANT TO THIS SECTION, IF THE PERSON ATTEMPTS TO14
PURCHASE A FIREARM WHILE THE VOLUNTARY WAIVER IS IN EFFECT OR IF15
THE PERSON REVOKES THE VOLUNTARY WAIVER .16
(c)  T
HE BUREAU SHALL IMMEDIATELY NOTIFY THE PERSON WHO17
FILED THE VOLUNTARY WAIVER AND EACH CONTACT PERSON WHEN THE18
BUREAU ACCEPTS THE FILER'S VOLUNTARY WAIVER.19
(d)  N
O LATER THAN TWENTY-FOUR HOURS AFTER ACCEPTING A20
VOLUNTARY WAIVER, THE BUREAU SHALL ENTER THE VOLUNTARY WAIVER21
INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM AND22
ANY OTHER FEDERAL OR STATE COMPUTER -BASED SYSTEMS USED BY LAW23
ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY PROHIBITED24
PURCHASERS OF FIREARMS.25
(e)  A
 VOLUNTARY WAIVER IS CONFIDENTIAL . THE BUREAU SHALL26
NOT DISCLOSE RECORDS OF A VOLUNTARY WAIVER , EXCEPT AS EXPRESSLY27
034
-4- PERMITTED IN THIS SECTION OR AS ORDERED BY A COURT .1
(4)  I
F THE BUREAU DENIES THE TRANSFER OF A FIREARM TO A2
PERSON BECAUSE THE PERSON VOLUNTARILY WAIVED THE RIGHT TO3
PURCHASE A FIREARM, THE BUREAU SHALL NOTIFY EACH CONTACT PERSON4
OF THE ATTEMPTED TRANSFER NO LATER THAN TWENTY -FOUR HOURS5
AFTER THE BUREAU DENIES THE TRANSFER .6
(5) (a)  T
O REVOKE A VOLUNTARY WAIVER , A PERSON MUST FILE7
FOR REVOCATION WITH THE BUREAU . THE BUREAU SHALL VERIFY THE8
PERSON'S IDENTITY PRIOR TO ACCEPTING THE REVOCATION . THE WAIVER9
REMAINS IN EFFECT FOR THIRTY DAYS AFTER THE BUREAU ACCEPTS THE10
REVOCATION.11
(b)  T
HE BUREAU SHALL NOTIFY EACH CONTACT PERSON OF THE12
REVOCATION NO LATER THAN TWENTY -FOUR HOURS AFTER THE BUREAU13
RECEIVES THE REVOCATION REQUEST .14
(c)  T
HIRTY DAYS AFTER THE BUREAU ACCEPTS THE REVOCATION ,15
AND UNLESS THE PERSON IS OTHERWISE INELIGIBLE TO POSSESS A FIREARM16
PURSUANT TO STATE OR FEDERAL LAW , THE BUREAU SHALL REMOVE THE17
PERSON'S INFORMATION FROM THE NATIONAL INSTANT CRIMINAL18
BACKGROUND CHECK SYSTEM AND ANY OTHER FEDERAL OR STATE19
COMPUTER-BASED SYSTEMS IN WHICH THE PERSON WAS ENTERED AND20
THAT ARE USED BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY21
PROHIBITED PURCHASERS OF FIREARMS, AND THE BUREAU SHALL DESTROY22
ALL RECORDS OF THE VOLUNTARY WAIVER .23
(6)  T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY ADOPT24
RULES AS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION .25
(7) (a)  T
HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,
26
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO DEVELOP27
034
-5- AND MAINTAIN THE ONLINE PORTAL DESCRIBED IN SUBSECTION (2)(b) OF1
THIS SECTION. THE DEPARTMENT SHALL NOT IMPLEMENT THIS SECTION2
UNTIL IT RECEIVES TWO HUNDRED THOUSAND DOLLARS OF GIFTS , GRANTS,3
AND DONATIONS FOR THE ONLINE PORTAL .4
(b)  N
OTWITHSTANDING SECTION 24-75-1305, FOR STATE FISCAL
5
YEAR 2026-27 AND ANY SUBSEQUENT FISCAL YEAR , THE GENERAL6
ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL FUND FOR THE7
ONLINE PORTAL.8
(8)  S
UBSECTIONS (1) TO (6) OF THIS SECTION WILL TAKE EFFECT IF
9
THE DEPARTMENT RECEIVES TWO HUNDRED THOUSAND DOLLARS OF GIFTS ,10
GRANTS, OR DONATIONS TO DEVELOP AND MAINTAIN THE ONLINE PORTAL11
DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION. THE EXECUTIVE12
DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL NOTIFY THE13
REVISOR OF STATUTES IN WRITING OF THE DATE ON WHICH THE CONDITION14
SPECIFIED IN THIS SUBSECTION (8) HAS OCCURRED BY EMAILING THE15
NOTICE TO REVISOROFSTATUTES.GA@COLEG.GOV. SUBSECTIONS (1) TO (6)16
OF THIS SECTION TAKE EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE17
THAT THE DEPARTMENT HAS RECEIVED TWO HUNDRED THOUSAND18
DOLLARS OF GIFTS, GRANTS, OR DONATIONS FOR THE ONLINE PORTAL OR ,19
IF THE NOTICE DOES NOT SPECIFY THAT DATE , UPON THE DATE OF THE20
NOTICE TO THE REVISOR OF STATUTES.21
SECTION 4. In Colorado Revised Statutes, 18-12-111, amend22
as it will become effective July 1, 2025, (3)(a); and add (4) as follows:23
18-12-111.  Unlawful purchase of firearms - report to law24
enforcement - unlawful attempted purchase while subject to a25
voluntary waiver - penalties. (3) (a)  If a firearms dealer who holds a26
state permit to deal firearms pursuant to section 18-12-401.5 reasonably27
034
-6- believes, knows or should know, or becomes aware after a transfer, that1
a person, including an employee, purchased or attempted to purchase a2
firearm in violation of 
SUBSECTION (1) OF this section, the dealer shall3
report that information to a law enforcement agency with jurisdiction over4
the dealer's place of business.5
(4) (a)  A
 PERSON WHO ATTEMPTS TO PURCHASE A FIREARM WHILE6
SUBJECT TO A VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE A FIREARM7
DESCRIBED IN SECTION 24-33.5-424.5 COMMITS UNLAWFUL ATTEMPTED8
FIREARM PURCHASE WHILE SUBJECT TO A VOLUNTARY WAIVER	.9
U
NLAWFUL ATTEMPTED FIREARM PURCHASE WHILE SUBJECT TO A10
VOLUNTARY WAIVER IS A CIVIL INFRACTION AND SHALL BE PUNISHED BY11
A FINE OF UP TO TWENTY-FIVE DOLLARS.12
(b)  S
ECTION 18-2-101 DOES NOT APPLY TO CONDUCT THAT13
CONSTITUTES A CIVIL INFRACTION PURSUANT TO THIS SUBSECTION (4).14
SECTION 5. In Colorado Revised Statutes, 24-33.5-424, add15
(3)(b)(III) as follows:16
24-33.5-424.  National instant criminal background check17
system - state point of contact - fee - grounds for denial of firearm18
transfer - appeal - rule-making - unlawful acts - instant criminal19
background check cash fund - creation. (3) (b) (III)  I
N ADDITION TO20
THE GROUNDS FOR DENIAL SPECIFIED IN SUBSECTIONS (3)(a), (3)(b)(I),21
AND (3)(b.3) OF THIS SECTION, THE BUREAU SHALL DENY A TRANSFER OF22
A FIREARM TO A PERSON WHO HAS VOLUNTARILY WAIVED THE RIGHT TO23
PURCHASE A FIREARM, AS DESCRIBED IN SECTION 24-33.5-424.5, WHILE24
THE WAIVER IS IN EFFECT.25
SECTION 6. Act subject to petition - effective date. (1)  Except
26
as provided in subsection (2) of this section, this act takes effect at 12:0127
034
-7- a.m. on the day following the expiration of the ninety-day period after1
final adjournment of the general assembly; except that, if a referendum2
petition is filed pursuant to section 1 (3) of article V of the state3
constitution against this act or an item, section, or part of this act within4
such period, then the act, item, section, or part will not take effect unless5
approved by the people at the general election to be held in November6
2026 and, in such case, will take effect on the date of the official7
declaration of the vote thereon by the governor.8
(2)  Sections 24-33.5-424.5 (1), (2), (3), (4), (5), and (6), Colorado9
Revised Statutes, as enacted in section 3 of this act; section 18-12-11110
(4), Colorado Revised Statutes, as enacted in section 4 of this act; and11
section 5 of this act shall only take effect upon receipt of the notice to the12
Revisor of Statutes required by section 24-33.5-424.5 (8), Colorado13
Revised Statutes, as enacted in section 3 of this act.14
034
-8-