Colorado 2025 Regular Session

Colorado Senate Bill SB034 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0082.02 Conrad Imel x2313
8	8		SENATE BILL 25-034
9	9		Senate Committees House Committees
10	10		State, Veterans, & Military Affairs
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING VOLUNTARILY WAIVIN G THE RIGHT TO PURCHASE A101
15	15		FIREARM.102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill establishes a process for a person to voluntarily waive the
24	24		right to purchase a firearm (voluntary waiver). The Colorado bureau of
25	25		investigation (bureau) shall deny a firearm transfer to the person while the
26	26		voluntary waiver is in effect. The bureau shall develop an online portal
27	27		for a person to electronically file for a voluntary waiver, update contact
28	28		information, and revoke a voluntary waiver. The bureau is required to
29	29		SENATE
30		-	3rd Reading Unamended
31		-	April 17, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		April 15, 2025
35	32		SENATE SPONSORSHIP
36		-	Kipp, Amabile, Bridges, Coleman, Cutter, Danielson, Gonzales J., Michaelson Jenet, Snyder,
37		-	Sullivan, Wallace, Weissman, Winter F.
	33	+	Kipp,
38	34		HOUSE SPONSORSHIP
39	35		Boesenecker,
40	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
41	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
42	38		Dashes through the words or numbers indicate deletions from existing law. verify the filer's identity before accepting a voluntary waiver or
43	39		revocation.
44	40		The bureau shall enter a voluntary waiver into the national instant
45	41		criminal background check system and any other federal or state
46	42		computer-based systems used to identify prohibited purchasers of
47	43		firearms.
48	44		A person may revoke the voluntary waiver by filing for revocation
49	45		with the bureau. The waiver remains in effect for 30 days after the bureau
50	46		accepts the revocation.
51	47		The person filing the voluntary waiver form may provide the name
52	48		and contact information of a person who will be contacted if the person
53	49		attempts to purchase a firearm while the voluntary waiver is in effect or
54	50		if the filer revokes the voluntary waiver.
55	51		The bill prohibits attempting to purchase a firearm while subject
56	52		to a voluntary waiver. Attempting to purchase a firearm while subject to
57	53		a voluntary waiver is a civil infraction, punishable by a maximum $25
58	54		fine.
59	55		Be it enacted by the General Assembly of the State of Colorado:1
60	56		SECTION 1. Short title. The short title of this act is the2
61	57		"Colorado Voluntary Do-Not-Sell Act".3
62	58		SECTION 2. Legislative declaration. (1) The general assembly4
63	59		finds and declares that:5
64	60		(a) There were 27,032 firearm suicide deaths in the United States6
65	61		in 2022;7
66	62		(b) In 2023, Colorado had among the highest suicide rates in the8
67	63		United States. The state was ranked eighth overall for suicide deaths and9
68	64		thirteenth for suicide deaths by firearm.10
69	65		(c) By far the largest number of firearm deaths in Colorado in11
70	66		2023 were suicides: 717 Coloradans died by self-inflicted gunshot wound,12
71	67		which accounted for 70 percent of all firearm deaths. Firearms were used13
72	68		in 56 percent of all suicides in the state.14
73	69		(d) Buying a firearm is associated with an increased risk of suicide15
74	70		because, as one study found, the suicide rate among recent firearm16
75	71		034-2- purchasers was 57 times the overall rate;1
76	72		(e) Many suicide attempts are impulsive. One study of survivors2
77	73		of firearm suicide attempts found that a majority had suicidal thoughts for3
78	74		less than a day.4
79	75		(f) Research shows that delaying access to firearms significantly5
80	76		reduces gun suicide, without increasing non-gun suicide;6
81	77		(g) With firearms, there are very few second chances because7
82	78		approximately 85 percent of gun suicide attempts result in death;8
83	79		(h) Surviving one suicide attempt usually makes all the difference.9
84	80		Only around 10 percent of serious suicide attempt survivors eventually10
85	81		die by suicide. Most people take advantage of their second chance, which11
86	82		they will rarely get if they use a firearm.12
87	83		(i) By delaying access to firearms for those who chose to13
88	84		voluntarily participate on a do-not-sell list, it is reasonable to expect a14
89	85		reduction in overall suicide risk.15
90	86		SECTION 3. In Colorado Revised Statutes, add 24-33.5-424.516
91	87		as follows:17
92	88		24-33.5-424.5. Voluntary waiver of the right to purchase a18
93	89		firearm - revocation of waiver - rules - notice to revisor - definitions.19
94	90		(1) A
95	91		S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
96	92		REQUIRES:21
97	93		(a) "C
98	94		ONTACT PERSON" MEANS THE PERSON DESIGNATED AS A22
99	95		CONTACT PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION BY THE23
100	96		PERSON VOLUNTARILY WAIVING THE RIGHT TO PURCHASE A FIREARM .24
101	97		(b) "V
102	98		OLUNTARY WAIVER" MEANS A VOLUNTARY WAIVER OF THE25
103	99		RIGHT TO PURCHASE A FIREARM AS DESCRIBED IN THIS SECTION .26
104	100		(2) (a) A
105	101		PERSON MAY VOLUNTARILY WAIVE THE RIGHT TO27
106	102		034
107	103		-3- PURCHASE A FIREARM. PURSUANT TO SECTION 24-33.5-424 (3)(b)(III),1
108	104		WHILE THE WAIVER IS IN EFFECT, THE BUREAU SHALL DENY THE TRANSFER2
109	105		OF A FIREARM TO A PERSON WHO VOLUNTARILY WAIVED THE RIGHT TO3
110	106		PURCHASE A FIREARM.4
111	107		(b) T
112	108		HE BUREAU SHALL DEVELOP AN ONLINE PORTAL FOR A PERSON5
113	109		TO ELECTRONICALLY FILE FOR A VOLUNTARY WAIVER , UPDATE CONTACT6
114	110		INFORMATION, AND REVOKE A VOLUNTARY WAIVER .7
115	111		(3) (a) T
116	112		O VOLUNTARILY WAIVE THE RIGHT TO PURCHASE A8
117	113		FIREARM, A PERSON MUST FILE A VOLUNTARY WAIVER WITH THE BUREAU .9
118	114		T
119	115		HE BUREAU SHALL VERIFY THE PERSON 'S IDENTITY PRIOR TO ACCEPTING10
120	116		THE VOLUNTARY WAIVER .11
121	117		(b) A
122	118		PERSON WHO VOLUNTARILY WAIVES THE RIGHT TO PURCHASE12
123	119		A FIREARM MAY DESIGNATE ONE OR MORE CONTACT PERSONS WHO WILL13
124	120		BE CONTACTED, PURSUANT TO THIS SECTION, IF THE PERSON ATTEMPTS TO14
125	121		PURCHASE A FIREARM WHILE THE VOLUNTARY WAIVER IS IN EFFECT OR IF15
126	122		THE PERSON REVOKES THE VOLUNTARY WAIVER .16
127	123		(c) T
128	124		HE BUREAU SHALL IMMEDIATELY NOTIFY THE PERSON WHO17
129	125		FILED THE VOLUNTARY WAIVER AND EACH CONTACT PERSON WHEN THE18
130	126		BUREAU ACCEPTS THE FILER'S VOLUNTARY WAIVER.19
131	127		(d) N
132	128		O LATER THAN TWENTY-FOUR HOURS AFTER ACCEPTING A20
133	129		VOLUNTARY WAIVER, THE BUREAU SHALL ENTER THE VOLUNTARY WAIVER21
134	130		INTO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM AND22
135	131		ANY OTHER FEDERAL OR STATE COMPUTER -BASED SYSTEMS USED BY LAW23
136	132		ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY PROHIBITED24
137	133		PURCHASERS OF FIREARMS.25
138	134		(e) A
139	135		VOLUNTARY WAIVER IS CONFIDENTIAL . THE BUREAU SHALL26
140	136		NOT DISCLOSE RECORDS OF A VOLUNTARY WAIVER , EXCEPT AS EXPRESSLY27
141	137		034
142	138		-4- PERMITTED IN THIS SECTION OR AS ORDERED BY A COURT .1
143	139		(4) I
144	140		F THE BUREAU DENIES THE TRANSFER OF A FIREARM TO A2
145	141		PERSON BECAUSE THE PERSON VOLUNTARILY WAIVED THE RIGHT TO3
146	142		PURCHASE A FIREARM, THE BUREAU SHALL NOTIFY EACH CONTACT PERSON4
147	143		OF THE ATTEMPTED TRANSFER NO LATER THAN TWENTY -FOUR HOURS5
148	144		AFTER THE BUREAU DENIES THE TRANSFER .6
149	145		(5) (a) T
150	146		O REVOKE A VOLUNTARY WAIVER , A PERSON MUST FILE7
151	147		FOR REVOCATION WITH THE BUREAU . THE BUREAU SHALL VERIFY THE8
152	148		PERSON'S IDENTITY PRIOR TO ACCEPTING THE REVOCATION . THE WAIVER9
153	149		REMAINS IN EFFECT FOR THIRTY DAYS AFTER THE BUREAU ACCEPTS THE10
154	150		REVOCATION.11
155	151		(b) T
156	152		HE BUREAU SHALL NOTIFY EACH CONTACT PERSON OF THE12
157	153		REVOCATION NO LATER THAN TWENTY -FOUR HOURS AFTER THE BUREAU13
158	154		RECEIVES THE REVOCATION REQUEST .14
159	155		(c) T
160	156		HIRTY DAYS AFTER THE BUREAU ACCEPTS THE REVOCATION ,15
161	157		AND UNLESS THE PERSON IS OTHERWISE INELIGIBLE TO POSSESS A FIREARM16
162	158		PURSUANT TO STATE OR FEDERAL LAW , THE BUREAU SHALL REMOVE THE17
163	159		PERSON'S INFORMATION FROM THE NATIONAL INSTANT CRIMINAL18
164	160		BACKGROUND CHECK SYSTEM AND ANY OTHER FEDERAL OR STATE19
165	161		COMPUTER-BASED SYSTEMS IN WHICH THE PERSON WAS ENTERED AND20
166	162		THAT ARE USED BY LAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY21
167	163		PROHIBITED PURCHASERS OF FIREARMS, AND THE BUREAU SHALL DESTROY22
168	164		ALL RECORDS OF THE VOLUNTARY WAIVER .23
169	165		(6) T
170	166		HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY ADOPT24
171	167		RULES AS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION .25
172	168		(7) (a) T
173	169		HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,
174	170		26
175	171		GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO DEVELOP27
176	172		034
177	173		-5- AND MAINTAIN THE ONLINE PORTAL DESCRIBED IN SUBSECTION (2)(b) OF1
178	174		THIS SECTION. THE DEPARTMENT SHALL NOT IMPLEMENT THIS SECTION2
179	175		UNTIL IT RECEIVES TWO HUNDRED THOUSAND DOLLARS OF GIFTS , GRANTS,3
180	176		AND DONATIONS FOR THE ONLINE PORTAL .4
181	177		(b) N
182	178		OTWITHSTANDING SECTION 24-75-1305, FOR STATE FISCAL
183	179		5
184	180		YEAR 2026-27 AND ANY SUBSEQUENT FISCAL YEAR , THE GENERAL6
185	181		ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL FUND FOR THE7
186	182		ONLINE PORTAL.8
187	183		(8) S
188	184		UBSECTIONS (1) TO (6) OF THIS SECTION WILL TAKE EFFECT IF
189	185		9
190	186		THE DEPARTMENT RECEIVES TWO HUNDRED THOUSAND DOLLARS OF GIFTS ,10
191	187		GRANTS, OR DONATIONS TO DEVELOP AND MAINTAIN THE ONLINE PORTAL11
192	188		DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION. THE EXECUTIVE12
193	189		DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL NOTIFY THE13
194	190		REVISOR OF STATUTES IN WRITING OF THE DATE ON WHICH THE CONDITION14
195	191		SPECIFIED IN THIS SUBSECTION (8) HAS OCCURRED BY EMAILING THE15
196	192		NOTICE TO REVISOROFSTATUTES.GA@COLEG.GOV. SUBSECTIONS (1) TO (6)16
197	193		OF THIS SECTION TAKE EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE17
198	194		THAT THE DEPARTMENT HAS RECEIVED TWO HUNDRED THOUSAND18
199	195		DOLLARS OF GIFTS, GRANTS, OR DONATIONS FOR THE ONLINE PORTAL OR ,19
200	196		IF THE NOTICE DOES NOT SPECIFY THAT DATE , UPON THE DATE OF THE20
201	197		NOTICE TO THE REVISOR OF STATUTES.21
202	198		SECTION 4. In Colorado Revised Statutes, 18-12-111, amend22
203	199		as it will become effective July 1, 2025, (3)(a); and add (4) as follows:23
204	200		18-12-111. Unlawful purchase of firearms - report to law24
205	201		enforcement - unlawful attempted purchase while subject to a25
206	202		voluntary waiver - penalties. (3) (a) If a firearms dealer who holds a26
207	203		state permit to deal firearms pursuant to section 18-12-401.5 reasonably27
208	204		034
209	205		-6- believes, knows or should know, or becomes aware after a transfer, that1
210	206		a person, including an employee, purchased or attempted to purchase a2
211	207		firearm in violation of
212	208		SUBSECTION (1) OF this section, the dealer shall3
213	209		report that information to a law enforcement agency with jurisdiction over4
214	210		the dealer's place of business.5
215	211		(4) (a) A
216	212		PERSON WHO ATTEMPTS TO PURCHASE A FIREARM WHILE6
217	213		SUBJECT TO A VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE A FIREARM7
218	214		DESCRIBED IN SECTION 24-33.5-424.5 COMMITS UNLAWFUL ATTEMPTED8
219	215		FIREARM PURCHASE WHILE SUBJECT TO A VOLUNTARY WAIVER .9
220	216		U
221	217		NLAWFUL ATTEMPTED FIREARM PURCHASE WHILE SUBJECT TO A10
222	218		VOLUNTARY WAIVER IS A CIVIL INFRACTION AND SHALL BE PUNISHED BY11
223	219		A FINE OF UP TO TWENTY-FIVE DOLLARS.12
224	220		(b) S
225	221		ECTION 18-2-101 DOES NOT APPLY TO CONDUCT THAT13
226	222		CONSTITUTES A CIVIL INFRACTION PURSUANT TO THIS SUBSECTION (4).14
227	223		SECTION 5. In Colorado Revised Statutes, 24-33.5-424, add15
228	224		(3)(b)(III) as follows:16
229	225		24-33.5-424. National instant criminal background check17
230	226		system - state point of contact - fee - grounds for denial of firearm18
231	227		transfer - appeal - rule-making - unlawful acts - instant criminal19
232	228		background check cash fund - creation. (3) (b) (III) I
233	229		N ADDITION TO20
234	230		THE GROUNDS FOR DENIAL SPECIFIED IN SUBSECTIONS (3)(a), (3)(b)(I),21
235	231		AND (3)(b.3) OF THIS SECTION, THE BUREAU SHALL DENY A TRANSFER OF22
236	232		A FIREARM TO A PERSON WHO HAS VOLUNTARILY WAIVED THE RIGHT TO23
237	233		PURCHASE A FIREARM, AS DESCRIBED IN SECTION 24-33.5-424.5, WHILE24
238	234		THE WAIVER IS IN EFFECT.25
239	235		SECTION 6. Act subject to petition - effective date. (1) Except
240	236		26
241	237		as provided in subsection (2) of this section, this act takes effect at 12:0127
242	238		034
243	239		-7- a.m. on the day following the expiration of the ninety-day period after1
244	240		final adjournment of the general assembly; except that, if a referendum2
245	241		petition is filed pursuant to section 1 (3) of article V of the state3
246	242		constitution against this act or an item, section, or part of this act within4
247	243		such period, then the act, item, section, or part will not take effect unless5
248	244		approved by the people at the general election to be held in November6
249	245		2026 and, in such case, will take effect on the date of the official7
250	246		declaration of the vote thereon by the governor.8
251	247		(2) Sections 24-33.5-424.5 (1), (2), (3), (4), (5), and (6), Colorado9
252	248		Revised Statutes, as enacted in section 3 of this act; section 18-12-11110
253	249		(4), Colorado Revised Statutes, as enacted in section 4 of this act; and11
254	250		section 5 of this act shall only take effect upon receipt of the notice to the12
255	251		Revisor of Statutes required by section 24-33.5-424.5 (8), Colorado13
256	252		Revised Statutes, as enacted in section 3 of this act.14
257	253		034
258	254		-8-