First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0380.02 Alana Rosen x2606 SENATE BILL 25-158 Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING CREATING POLICIES FOR STATE AGENCIES IN THE101 TREATMENT OF CERTAIN ITEMS RELATED TO WEAPONS , AND, IN102 CONNECTION THEREWITH , CREATING STATE PROCUREMENT103 PRACTICES FOR FIREARMS , AMMUNITION, AND FIREARMS104 ACCESSORIES AND REQUIRING LAW ENFORCEMENT AGENCY105 POLICIES REGARDING THE DISPOSAL AND DESTRUCTION OF106 FIREARMS.107 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 .) SENATE SPONSORSHIP Sullivan and Gonzales J., HOUSE SPONSORSHIP Froelich and Brown, 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 bill creates procurement practices for firearms, ammunition, and firearms accessories by the state. The bill applies to all bids the state solicits, enters into, awards, amends, renews, or extends on and after January 1, 2026, for procuring firearms, ammunition, or firearms accessories from a contractor or bidder. During a governmental body's contract solicitation process, request for proposal process, or request during the term of a contract, a contractor or bidder shall follow a procurement verification process (verification process) to confirm that the contractor or bidder engages in safe business practices. The attorney general shall assist the department of personnel in developing processes and procedures to implement the verification process. Each law enforcement agency shall destroy and dispose of: ! Service firearms that are retired, damaged, or declared surplus by the applicable law enforcement agency; ! Firearms purchased in a law enforcement agency buyback program; ! Firearms that are voluntarily surrendered to the law enforcement agency for destruction; and ! Any other firearms in the possession of the law enforcement agency that are not in use or subject to an investigation or criminal case. If a peace officer receives one of these firearms, the peace officer shall give the firearm to the peace officer's employing law enforcement agency. The law enforcement agency may work with an organization or state agency it contracts with to destroy and dispose of the firearm. The bill requires each law enforcement agency in the state, on or before September 5, 2025, to develop and maintain a policy on the destruction of firearms. The policy must include a process to: ! Identify and make a record of firearms that are required to be destroyed; ! Identify and make a record of firearms that are not required to be destroyed; ! Maintain the records of firearms to be destroyed; and ! Destroy and dispose of the firearms. Upon the written order of a court or the district attorney that the retention of a firearm is necessary or proper in the pursuit of justice, the peace officer and the peace officer's employing law enforcement agency shall not destroy and dispose of the firearm. If the firearm is evidence in a criminal case, the firearm must be retained. A law enforcement agency shall not destroy and dispose of a stolen firearm. Within 90 days after a recovered firearm is reported or identified as stolen, a peace officer shall restore the firearm to the lawful owner upon evidence of the lawful owner's identification of the firearm and proof of ownership. If the lawful owner's identity and address is SB25-158 -2- reasonably ascertained and the lawful owner is given reasonable notice by certified mail that the firearm was recovered but the lawful owner does not respond within 60 days after the reasonable notice is given, the law enforcement agency may destroy and dispose of the firearm. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-103-906, amend2 (1)(a) as follows:3 24-103-906. Bid preference - state contracts. (1) (a) Except as4 provided in subsection (1)(b) of this section and in section 24-103-907 5 SECTIONS 24-103-907 AND 24-103-907.5, when a contract for6 commodities or services is to be awarded to a bidder, a resident bidder7 shall be IS allowed a preference against a nonresident bidder equal to the8 preference given or required by the state in which the nonresident bidder9 is a resident.10 SECTION 2. In Colorado Revised Statutes, add 24-103-907.5 as11 follows:12 24-103-907.5. State purchases of firearms and ammunition -13 contractor or bidder - rules - legislative intent - definitions.14 (1) (a) T HE GENERAL ASSEMBLY INTENDS THAT :15 (I) T HIS SECTION IS CREATED FOR THE DEVELOPMENT OF16 PROCUREMENT PRACTICES FOR FIREARMS , AMMUNITION, AND FIREARMS17 ACCESSORIES BY THE STATE; AND18 (II) T HIS SECTION APPLIES TO ALL BIDS THE STATE SOLICITS ,19 ENTERS INTO, AWARDS, AMENDS, RENEWS, OR EXTENDS ON OR AFTER20 J ANUARY 1, 2026, FOR PROCURING FIREARMS, AMMUNITION, OR FIREARMS21 ACCESSORIES.22 (b) T HE GENERAL ASSEMBLY THEREFORE FINDS THAT A23 SB25-158-3- CONTRACTOR, BIDDER, OR GOVERNMENTAL BODY SHALL COMPLY WITH1 THIS SECTION DURING A CONTRACT SOLICITATION PROCESS OR REQUEST2 FOR PROPOSAL PROCESS INVOLVING FIREARMS , AMMUNITION, AND3 FIREARMS ACCESSORIES AND THROUGHOUT THE TERM OF THE CONTRACT .4 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5 REQUIRES:6 (a) "A MMUNITION" HAS THE SAME MEANING AS SET FORTH IN7 SECTION 39-37-103.8 (b) "F EDERAL FIREARMS LICENSE" HAS THE SAME MEANING AS SET9 FORTH IN SECTION 18-12-401.10 (c) "F EDERAL FIREARMS LICENSEE" OR "LICENSEE" HAS THE SAME11 MEANING AS SET FORTH IN SECTION 18-12-101 (1)(b.6).12 (d) "F IREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION13 18-12-101 (1)(b.7).14 (e) "F IREARMS ACCESSORY" MEANS ANY SUPPLEMENTARY ITEM OR15 COMPONENT DESIGNED TO ENHANCE THE FUNCTI ONALITY , PERFORMANCE,16 OR USER EXPERIENCE OF A FIREARM . FIREARMS ACCESSORIES MAY17 INCLUDE PARTS THAT MODIFY A FIREARM OR EXTERNAL EQUIPMENT THAT18 IS USED IN CONJUNCTION WITH THE FIREARM . FIREARMS ACCESSORIES19 INCLUDE, BUT ARE NOT LIMITED TO:20 (I) S IGHTS AND OPTICS;21 (II) H OLSTERS;22 (III) M AGAZINES;23 (IV) G RIPS;24 (V) S LINGS;25 (VI) M UZZLE DEVICES, SUPPRESSORS, COMPENSATORS, AND FLASH26 HIDERS;27 SB25-158 -4- (VII) BIPODS;1 (VIII) T RIGGER UPGRADES AND CONVERSION DEVICES ;2 (IX) C LEANING KITS; OR3 (X) A MMUNITION CARRIERS.4 (f) "F IREARMS OR AMMUNITION BIDDER " OR "BIDDER" MEANS A5 BIDDER WHO SUBMITS A BID IN RESPONSE TO AN INVITATION FOR BIDS6 FROM A GOVERNMENTAL BODY FOR THE SALE OF FIREARMS , AMMUNITION,7 OR FIREARMS ACCESSORIES PURSUANT TO THIS SECTION .8 (g) "F IREARMS OR AMMUNITION CONTRACTOR " OR "CONTRACTOR"9 MEANS A CONTRACTOR WHO ENTERS INTO A CONTRACT OR AGREEMENT10 WITH A GOVERNMENTAL BODY FOR THE SALE OF FIREARMS , AMMUNITION,11 OR FIREARMS ACCESSORIES TO THE GOVERNMENTAL BODY PURSUANT TO12 THIS SECTION.13 (3) (a) D URING A GOVERNMENTAL BODY 'S CONTRACT14 SOLICITATION PROCESS, A GOVERNMENTAL BODY 'S REQUEST FOR15 PROPOSAL PROCESS, OR UPON REQUEST DURING THE TERM OF A CONTRACT16 WITH A GOVERNMENTAL BODY RELATING TO THE PROCUREMENT OF17 FIREARMS, AMMUNITION, OR FIREARMS ACCESSORIES, A FIREARMS OR18 AMMUNITION CONTRACTOR OR A FIREARMS OR AMMUNITION BIDDER19 SHALL, IF APPLICABLE:20 (I) C OMPLY WITH THE REQUIREMENTS OF SECTION 18-12-401.5 (1)21 TO ENGAGE IN THE BUSINESS OF DEALING IN FIREARMS IN THE STATE , IF22 APPLICABLE;23 (II) P ROVIDE TO THE GOVERNMENTAL BODY PROOF AND COPIES OF24 ALL REQUIRED LICENSES, INCLUDING A FEDERAL FIREARMS LICENSE ,25 PERMITS, AND CERTIFICATES;26 (III) P ROVIDE TO THE GOVERNMENTAL BODY MATERIALS27 SB25-158 -5- DOCUMENTING THE NUMBER OF UNITED STATES BUREAU OF ALCOHOL ,1 TOBACCO, FIREARMS, AND EXPLOSIVES TRACE REQUESTS THE2 CONTRACTOR OR BIDDER RECEIVED EACH YEAR FOR THE PAST FIVE3 CALENDAR YEARS BEFORE THE DATE OF THE CONTRACT OR BID AND , IF4 APPLICABLE, THE TIME BETWEEN THE SALE OF THE FIREARM SUBJECT TO5 THE TRACE REQUEST AND THE CRIME THAT GENERATED THE TRACE6 REQUEST;7 (IV) P ROVIDE TO THE GOVERNMENTAL BODY MATERIALS8 DOCUMENTING ANY THEFT OR LOSS OF FIREARMS , AMMUNITION, OR9 FIREARMS ACCESSORIES FROM THE PREMISES OF THE CONTRACTOR OR10 BIDDER WITHIN THE PAST FIVE CALENDAR YEARS BEFORE THE DATE OF THE11 CONTRACT OR BID TO EVALUATE SECURITY CONCERNS ;12 (V) P ROVIDE TO THE GOVERNMENTAL BODY A TRUE COPY OF THE13 MOST RECENT INSPECTION REPORT OF ANY FIREARM , AMMUNITION, OR14 FIREARMS ACCESSORIES INSPECTION CONDUCTED BY A STATE OR LOCAL15 AGENCY, INCLUDING ANY ADDITI ONAL MATERIALS DOCUMENTING16 ADMINISTRATIVE ACTIONS TAKEN BY THE STATE OR LOCAL AGENCY , IF17 APPLICABLE;18 (VI) D ISCLOSE TO THE GOVERNMENTAL BODY ANY VIOLATIONS19 DISCOVERED FROM AN INSPECTION CONDUCTED BY A FEDERAL AGENCY20 DURING THE LAST TWO FIREARMS , AMMUNITION, OR FIREARMS21 ACCESSORIES INSPECTIONS, IF APPLICABLE, AND PROVIDE MATERIALS22 DOCUMENTING THE CONTRACTOR 'S OR BIDDER'S CORRECTIVE ACTIONS23 TAKEN IN RESPONSE TO A FINDING OF NONCOMPLIANCE OR A VIOLATION OF24 A FEDERAL FIREARM, AMMUNITION, OR FIREARMS ACCESSORIES LAW ,25 REGULATION, OR REQUIREMENT;26 (VII) P ROVIDE TO THE GOVERNMENTAL BODY IN WRITING ANY27 SB25-158 -6- PRACTICES OR POLICIES ADOPTED BY THE CONTRACTOR OR BIDDER ,1 INCLUDING ANY SUBSEQUENT AMENDMENTS MADE TO THE PRACTICES OR2 POLICIES DURING THE SOLICITATION PROCESS AND CONTRACT TERM , TO:3 (A) P REVENT, DETECT, AND SCREEN FOR THE TRANSFER OF4 FIREARMS TO STRAW PURCHASERS OR FIREARM TRAFFICKERS ;5 (B) P REVENT, DETECT, AND SCREEN AGAINST SALES OF FIREARMS,6 AMMUNITION, OR FIREARMS ACCESSORIES TO INDIVIDUALS PROHIBITED7 FROM POSSESSING A FIREARM BY FEDERAL , STATE, OR LOCAL LAW, OR8 COURT ORDER;9 (C) P REVENT, DETECT, AND DOCUMENT THE THEFT OR LOSS OF10 FIREARMS, AMMUNITION, OR FIREARMS ACCESSORIES;11 (D) T RAIN EMPLOYEES AND SUBCONTRACTORS TO ENSURE12 COMPLIANCE WITH ALL APPLICABLE FEDERAL , STATE, AND LOCAL13 FIREARMS LAWS AND REGULATIONS ;14 (E) A SSIST LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION15 AND PREVENTION OF CRIMINAL ACCESS TO FIREARMS , AMMUNITION, OR16 FIREARMS ACCESSORIES; AND17 (F) O PERATE DIGITAL VIDEO SURVEILLANCE ; AND18 (VIII) C OMPLY WITH ALL APPLICABLE FEDERAL , STATE, OR LOCAL19 LAWS.20 (b) T HE CONTRACTOR OR BIDDER SHALL AFFIRM AT THE TIME OF21 THE BID THAT THE CONTRACTOR OR BIDDER SHALL NOT SELL22 UNSERIALIZED GUN BUILD KITS OR FIREARM PRECURSOR PARTS , AS23 DEFINED IN SECTION 39-37-103, INCLUDING UNSERIALIZED FIREARMS ,24 UNSERIALIZED UNFINISHED FRAMES, OR UNFINISHED RECEIVERS THROUGH25 THE DURATION OF THE CONTRACT . THE CONTRACTOR OR BIDDER SHALL26 PROVIDE DOCUMENTATION TO PROVE COMPLIANCE WITH APPLICABLE27 SB25-158 -7- FEDERAL, STATE, OR LOCAL LAWS RELATED TO FIREARM PRECURSOR1 PARTS.2 (c) T HE CONTRACTOR OR BIDDER SHALL SUBMIT TO THE3 DEPARTMENT A CERTIFICATION STATEMENT , SIGNED AND AFFIRMED4 UNDER PENALTY OF PERJURY, AS DEFINED IN SECTION 18-8-503, STATING5 THAT THE MATERIALS PROVIDED IN SUBSECTION (3)(a) OF THIS SECTION6 ARE TRUE AND COMPLETE.7 (4) (a) T HE ATTORNEY GENERAL SHALL ASSIST THE DEPARTMENT8 IN DEVELOPING PROCESSES AND PROCEDURES TO IMPLEMENT THIS9 SECTION, INCLUDING A PROCESS TO ADMINISTER AND ASSESS A10 CONTRACTOR'S OR BIDDER'S COMPLIANCE WITH THE REQUIREMENTS OF11 THIS SECTION. THE PROCESS MAY INCLUDE, BUT NEED NOT BE LIMITED TO:12 (I) D EVELOPING A PREQUALIFICATION PROCESS TO PREQUALIFY13 POTENTIAL CONTRACTORS OR BIDDERS AS SET FORTH IN SECTION14 24-103-402;15 (II) D EVELOPING A SCORING SYSTEM TO EVALUATE A POTENTIAL16 CONTRACTOR'S OR BIDDER'S RECORD OF SAFE BUSINESS PRACTICES THAT17 IS USED IN AWARDING CONTRACTS OR PURCHASES ; AND18 (III) T ERMINATING CONTRACTS WITH CONTRACTORS OR BIDDERS19 FOUND TO BE NONCOMPLIANT WITH THE TERMS OF THIS SECTION DURING20 THE TERM OF THE CONTRACT AS SET FORTH IN SECTION 24-106-101 (3)(c)21 AND (3)(d).22 (b) T HE DEPARTMENT SHALL REJECT A BID OR PROPOSAL FOR A23 FIREARMS, AMMUNITION, OR FIREARMS ACCESSORIES CONTRACT OR SALE24 IF:25 (I) A CONTRACTOR OR BIDDER HAS NOT SUBMITTED THE REQUIRED26 DOCUMENTATION SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION;27 SB25-158 -8- (II) THE CONTRACTOR'S OR BIDDER'S REQUIRED DOCUMENTATION1 DOES NOT MEET THE STANDARDS SET FORTH IN SUBSECTION (3)(a) OF THIS2 SECTION; OR3 (III) T HE DEPARTMENT DETERMINES THE BIDDER OR CONTRACTOR4 IS NOT ENGAGING IN SAFE BUSINESS PRACTICES.5 (5) A GOVERNMENTAL BODY SHALL NOT WAIVE THE6 REQUIREMENTS OF THIS SECTION OR MAKE EXIGENT OR EMERGENCY7 PURCHASES OF FIREARMS, AMMUNITION, OR FIREARMS ACCESSORIES TO8 SUBVERT THIS SECTION.9 (6) T HE DEPARTMENT MAY ADOPT RULES TO IMPLEMENT THIS10 SECTION.11 (7) A RESIDENT BIDDER AND NONRESIDENT BIDDER ARE TREATED12 EQUALLY FOR PURPOSES OF THIS SECTION. A RESIDENT BIDDER SHALL NOT13 RECEIVE A BID PREFERENCE AGAINST A NONRESIDENT BIDDER FOR THE14 PURCHASE OF FIREARMS, AMMUNITION, OR FIREARMS ACCESSORIES AS SET15 FORTH IN SECTION 24-103-906 (1)(a).16 SECTION 3. In Colorado Revised Statutes, add part 6 to article17 2.5 of title 16 as follows:18 PART 619 TREATMENT OF FIREARMS20 BY LAW ENFORCEMENT AGENCIES21 16-2.5-601. Definitions. A S USED IN THIS PART 6, UNLESS THE22 CONTEXT OTHERWISE REQUIRES :23 (1) "D ESTROY" MEANS TO DESTROY A FIREARM IN ITS ENTIRETY BY24 SMELTING, SHREDDING, CRUSHING, OR CUTTING ALL PARTS OF THE25 FIREARM, INCLUDING THE FRAME OR RECEIVER, BARREL, BOLT, OR GRIP OF26 A FIREARM, AND ANY ATTACHMENTS, IF APPLICABLE, INCLUDING A SIGHT,27 SB25-158 -9- SCOPE, SILENCER, OR SUPPRESSOR.1 (2) "F IREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION2 18-12-101 (1)(b.7).3 (3) "L AW ENFORCEMENT AGENCY " MEANS ANY AGENCY OF THE4 STATE OR ITS POLITICAL SUBDIVISION THAT IS RESPONSIBLE FOR5 ENFORCING THE LAWS OF THIS STATE . "LAW ENFORCEMENT AGENCY "6 INCLUDES:7 (a) T HE COLORADO STATE PATROL CREATED PURSUANT TO8 SECTION 24-33.5-201;9 (b) T HE COLORADO BUREAU OF INVESTIGATION CREATED10 PURSUANT TO SECTION 24-33.5-401;11 (c) A COUNTY SHERIFF'S OFFICE;12 (d) A MUNICIPAL POLICE DEPARTMENT;13 (e) A TOWN MARSHAL'S OFFICE; OR14 (f) A NY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY .15 16-2.5-602. Destruction of firearms - policy. (1) (a) E ACH LAW16 ENFORCEMENT AGENCY SHALL DESTROY AND DISPOSE OF :17 (I) S ERVICE FIREARMS THAT ARE RETIRED , DAMAGED, OR18 DECLARED SURPLUS BY THE APPLICABLE LAW ENFORCEMENT AGENCY ;19 (II) F IREARMS PURCHASED IN A LAW ENFORCEMENT AGENCY20 BUYBACK PROGRAM ;21 (III) F IREARMS THAT ARE VOLUNTARILY SURRENDERED TO THE22 LAW ENFORCEMENT AGENCY FOR DESTRUCTION ; AND23 (IV) A NY OTHER FIREARMS IN THE POSSESSION OF THE LAW24 ENFORCEMENT AGENCY THAT ARE NOT IN USE NOR SUBJECT TO AN25 INVESTIGATION OR CRIMINAL CASE AS DESCRIBED IN SUBSECTION (2)(b) OF26 THIS SECTION.27 SB25-158 -10- (b) EACH LAW ENFORCEMENT AGENCY MAY CONTRACT WITH AN1 ORGANIZATION OR A STATE AGENCY TO DESTROY AND DISPOSE OF THE2 FIREARMS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION.3 (2) (a) I F A PEACE OFFICER RECEIVES A FIREARM AS DESCRIBED IN4 SUBSECTION (1)(a) OF THIS SECTION, THE PEACE OFFICER SHALL GIVE THE5 FIREARM TO THE PEACE OFFICER 'S EMPLOYING LAW ENFORCEMENT6 AGENCY. THE LAW ENFORCEMENT AGENCY SHALL WORK WITH THE7 ORGANIZATION OR STATE AGENCY THE LAW ENFORCEMENT AGENCY8 CONTRACTS WITH PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION TO9 DESTROY AND DISPOSE OF THE FIREARM. THE LAW ENFORCEMENT AGENCY10 SHALL SUBMIT PROOF TO THE COURT OF THE DESTRUCTION AND DISPOSAL11 OF THE FIREARM.12 (b) N OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO13 THE CONTRARY, UPON THE WRITTEN ORDER OF A JUDGE OF A COURT OF14 RECORD OR THE DISTRICT ATTORNEY THAT THE RETENTION OF A FIREARM15 IS NECESSARY OR PROPER IN THE PURSUIT OF JUSTICE, THE PEACE OFFICER16 AND THE PEACE OFFICER'S EMPLOYING LAW ENFORCEMENT AGENCY SHALL17 NOT DESTROY AND DISPOSE OF THE FIREARM . IF THE FIREARM IS EVIDENCE18 IN A CRIMINAL CASE, THE FIREARM MUST BE RETAINED AS REQUIRED BY19 PART 4 OF ARTICLE 1 OF TITLE 18 AND THE COLORADO RULES OF CRIMINAL20 PROCEDURE.21 (3) (a) O N OR BEFORE SEPTEMBER 5, 2025, EACH LAW22 ENFORCEMENT AGENCY SHALL DEVELOP , FINALIZE, AND MAINTAIN A23 POLICY ON THE DESTRUCTION OF FIREARMS AS REQUIRED PURSUANT TO24 SUBSECTION (1)(a) OF THIS SECTION. THE POLICY MUST INCLUDE A25 PROCESS TO:26 (I) I DENTIFY AND MAKE A RECORD OF FIREARMS THAT ARE27 SB25-158 -11- REQUIRED TO BE DESTROYED AS DESCRIBED IN SUBSECTION (1)(a) OF THIS1 SECTION;2 (II) I DENTIFY AND MAKE A RECORD OF FIREARMS THAT ARE NOT3 REQUIRED TO BE DESTROYED;4 (III) M AINTAIN THE RECORDS DESCRIBED IN SUBSECTIONS (3)(a)(I)5 AND (3)(a)(II) OF THIS SECTION; AND6 (IV) D ESTROY AND DISPOSE OF THE FIREARMS DESCRIBED IN7 SUBSECTION (1)(a) OF THIS SECTION.8 (b) I N THE RECORDS DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS9 SECTION, EACH LAW ENFORCEMENT AGENCY SHALL INCLUDE THE NAME OF10 THE ORGANIZATION OR STATE AGENCY THAT THE LAW ENFORCEMENT11 AGENCY CONTRACTS WITH FOR THE DESTRUCTION AND DISPOSAL OF12 FIREARMS. IN THE POLICY DESCRIBED IN SUBSECTION (3)(a) OF THIS13 SECTION, EACH LAW ENFORCEMENT AGENCY SHALL OUTLINE THE14 RESPONSIBILITIES OF THE LAW ENFORCEMENT AGENCY AND THE15 ORGANIZATION OR STATE AGENCY THE LAW ENFORCEMENT AGENCY16 CONTRACTS WITH FOR THE DESTRUCTION AND DISPOSAL OF FIREARMS .17 (c) E ACH LAW ENFORCEMENT AGENCY SHALL POST THE POLICY18 DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION ON ITS WEBSITE WITHIN19 SEVEN CALENDAR DAYS AFTER THE POLICY IS FINALIZED . IF THE LAW20 ENFORCEMENT AGENCY UPDATES ITS POLICY , IT SHALL POST THE UPDATED21 POLICY ON ITS WEBSITE WITHIN SEVEN CALENDAR DAYS AFTER THE22 UPDATED POLICY IS FINALIZED.23 (4) (a) A LAW ENFORCEMENT AGENCY SHALL NOT DESTROY AND24 DISPOSE OF A STOLEN FIREARM . WITHIN NINETY DAYS AFTER A25 RECOVERED FIREARM IS REPORTED OR IDENTIFIED AS STOLEN , A PEACE26 OFFICER SHALL RETURN THE FIREARM TO THE LAWFUL OWNER UPON27 SB25-158 -12- EVIDENCE OF THE LAWFUL OWNER 'S IDENTIFICATION OF THE FIREARM AND1 PROOF OF OWNERSHIP.2 (b) N OTWITHSTANDING THE PROHIBITION IN SUBSECTION (4)(a) OF3 THIS SECTION ON DESTROYING RECOVERED STOLEN FIREARMS , IF THE4 IDENTITY AND ADDRESS OF A LAWFUL OWNER OF A RECOVERED STOLEN5 FIREARM IS REASONABLY ASCERTAINED AND THE LAWFUL OWNER IS GIVEN6 REASONABLE NOTICE BY CERTIFIED MAIL THAT THE FIREARM WAS7 RECOVERED BUT THE LAWFUL OWNER DOES NOT RESPOND WITHIN SIXTY8 DAYS AFTER THE REAS ONABLE NOTICE IS RECEIVED BY THE LAWFUL9 OWNER, THE LAW ENFORCEMENT AGENCY MAY DESTROY AND DISPOSE OF10 THE FIREARM.11 SECTION 4. Act subject to petition - effective date. Sections12 1 and 2 of this act take effect January 1, 2026, and the remainder of this13 act takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2026 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 SB25-158 -13-