Colorado 2025 2025 Regular Session

Colorado Senate Bill SB158 Introduced / Bill

Filed 02/05/2025

                    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-