First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0082.02 Conrad Imel x2313 SENATE BILL 25-034 Senate Committees House Committees State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs Appropriations Finance 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 HOUSE 2nd Reading Unamended May 3, 2025 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 and Jackson, 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-