First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 25-0380.02 Alana Rosen x2606 SENATE BILL 25-158 Senate Committees House Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT C ONCERNING CREATING STATE PRO CUREMENT POLICIES FOR STATE 101 AGENCIES IN THE TREATMENT OF CERTAIN ITEMS RELATED TO102 WEAPONS.103 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 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 SENATE Amended 2nd Reading April 16, 2025 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. 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 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. 158 -2- 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 24-103-9075 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 BY THE STATE FOR FIREARMS AND ITEMS 17 REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT"; AND18 (II) T HIS SECTION APPLIES TO ALL BIDS THE STATE SOURCES , 19 ENTERS INTO, AWARDS, AMENDS, RENEWS, OR EXTENDS ON OR AFTER20 J ANUARY 1, 2026, CONDUCTED PURSUANT TO THE CODE , AS APPLICABLE, 21 FOR PROCURING FIREARMS OR ITEMS REGULATED PURSUANT TO THE22 "N ATIONAL FIREARMS ACT". 23 (b) T HE GENERAL ASSEMBLY THEREFORE FINDS THAT A24 CONTRACTOR, BIDDER, OR GOVERNMENTAL BODY SHALL COMPLY WITH25 THIS SECTION DURING A CONTRACT SOURCING METHOD PROCESS 26 158-3- CONDUCTED PURSUANT TO THE CODE , AS APPLICABLE, INVOLVING1 FIREARMS AND ITEMS REGULATED PURSUANT TO THE "NATIONAL2 F IREARMS ACT" AND THROUGHOUT THE TERM OF THE CONTRACT .3 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4 REQUIRES:5 6 (a) "FEDERAL FIREARMS LICENSE" HAS THE SAME MEANING AS SET7 FORTH IN SECTION 18-12-401.8 (b) "FEDERAL FIREARMS LICENSEE" OR "LICENSEE" HAS THE SAME9 MEANING AS SET FORTH IN SECTION 18-12-101 (1)(b.6).10 (c) "F EDERALLY LICENSED FIREARM DEALER " HAS THE SAME 11 MEANING AS SET FORTH IN SECTION 18-12-101.12 (d) "F IREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION13 18-12-101 (1)(b.7).14 15 (e) "FIREARMS BIDDER" OR "BIDDER" MEANS A BIDDER WHO16 SUBMITS A BID IN RESPONSE TO AN INVITATION FOR BIDS FROM A17 GOVERNMENTAL BODY FOR THE SALE OF FIREARMS OR ITEMS REGULATED18 PURSUANT TO THE "NATIONAL FIREARMS ACT" PURSUANT TO THIS19 SECTION.20 (f) "FIREARMS CONTRACTOR" OR "CONTRACTOR" MEANS A21 CONTRACTOR WHO ENTERS INTO A CONTRACT OR AGREEMENT WITH A22 GOVERNMENTAL BODY FOR THE SALE OF FIREARMS OR ITEMS REGULATED23 PURSUANT TO THE "NATIONAL FIREARMS ACT" TO THE GOVERNMENTAL24 BODY PURSUANT TO THIS SECTION.25 (g) "N ATIONAL FIREARMS ACT" MEANS THE FEDERAL "NATIONAL 26 F IREARMS ACT", 26 U.S.C. SEC. 5801 ET SEQ. 27 158 -4- (3) (a) DURING A GOVERNMENTAL BODY 'S CONTRACTING PROCESS,1 A GOVERNMENTAL BODY 'S SOURCING METHOD PROCESS CONDUCTED2 PURSUANT TO THE CODE, AS APPLICABLE, OR UPON REQUEST DURING3 THE TERM OF A CONTRACT WITH A GOVERNMENTAL BODY RELATING TO4 THE PROCUREMENT OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE5 "N ATIONAL FIREARMS ACT", A FIREARMS CONTRACTOR OR A FIREARMS6 BIDDER SHALL, IF APPLICABLE:7 (I) C OMPLY WITH THE REQUIREMENTS OF SECTION 18-12-401.5 (1)8 TO ENGAGE IN THE BUSINESS OF DEALING IN FIREARMS IN THE STATE , IF9 APPLICABLE;10 (II) P ROVIDE TO THE GOVERNMENTAL BODY PROOF AND COPIES OF11 ALL REQUIRED LICENSES, INCLUDING A FEDERAL FIREARMS LICENSE ,12 PERMITS, AND CERTIFICATES;13 (III) P ROVIDE, IF THE CONTRACTOR OR BIDDER IS A FEDERALLY 14 LICENSED FIREARMS DEALER , TO THE GOVERNMENTAL BODY ANY15 MATERIALS THAT ARE NOT CONFIDENTIAL DOCUMENTING ANY UNITED16 S TATES BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND EXPLOSIVES17 TRACE REQUESTS THE CONTRACTOR OR BIDDER RECEIVED EACH YEAR FOR18 THE PAST THREE CALENDAR YEARS BEFORE THE DATE OF THE CONTRACT19 OR BID, THE NUMBER OF TRACE REQUESTS IN THE CALENDAR YEARS20 BEFORE THE YEAR OF THE CONTRACT OR BID , IF APPLICABLE, AND THE21 TIME BETWEEN THE SALE OF THE FIREARM SUBJECT TO THE TRACE22 REQUEST AND THE CRIME THAT GENERATED THE TRACE REQUEST . IF THE23 MATERIALS DESCRIBED IN THIS SUBSECTION (3)(a)(III) ARE NOT24 AVAILABLE BECAUSE THE CONTRACTOR OR BIDDER DOES NOT MAINTAIN25 THE MATERIALS, THE CONTRACTOR OR BIDDER SHALL SUBMIT A26 STATEMENT CONFIRMING THE MATERIALS ARE NOT AVAILABLE BECAUSE27 158 -5- THE CONTRACTOR OR BIDDER DOES NOT KEEP OR MAINTAIN THE1 MATERIALS.2 (IV) P ROVIDE TO THE GOVERNMENTAL BODY MATERIALS3 DOCUMENTING ANY THEFT OR LOSS OF FIREARMS OR ITEMS REGULATED 4 PURSUANT TO THE "NATIONAL FIREARMS ACT" FROM THE PREMISES OF5 THE CONTRACTOR OR BIDDER WITHIN THE PAST THREE CALENDAR YEARS6 BEFORE THE DATE OF THE CONTRACT OR BID TO EVALUATE POTENTIAL7 SECURITY CONCERNS;8 (V) P ROVIDE TO THE GOVERNMENTAL BODY A TRUE COPY OF THE9 MOST RECENT INSPECTION REPORT OF ANY FIREARM INSPECTION10 CONDUCTED BY A STATE OR LOCAL AGENCY , INCLUDING ANY ADDITIONAL11 MATERIALS DOCUMENTING ADMINISTRATIVE ACTIONS TAKEN BY THE12 STATE OR LOCAL AGENCY, IF APPLICABLE;13 (VI) D ISCLOSE TO THE GOVERNMENTAL BODY ANY VIOLATIONS14 DISCOVERED FROM AN INSPECTION CONDUCTED BY A FEDERAL AGENCY15 DURING THE LAST TWO FIREARM INSPECTIONS, IF APPLICABLE, AND16 PROVIDE MATERIALS DOCUMENTING THE CONTRACTOR 'S OR BIDDER'S17 CORRECTIVE ACTIONS TAKEN IN RESPONSE TO A FINDING OF18 NONCOMPLIANCE OR A VIOLATION OF A FEDERAL FIREARM LAW,19 REGULATION, OR REQUIREMENT;20 (VII) P ROVIDE TO THE GOVERNMENTAL BODY IN WRITING ANY21 PRACTICES OR POLICIES ADOPTED BY THE CONTRACTOR OR BIDDER ,22 INCLUDING ANY SUBSEQUENT AMENDMENTS MADE TO THE PRACTICES OR23 POLICIES DURING THE SOURCING METHOD PROCESS CONDUCTED PURSUANT24 TO THE CODE, AS APPLICABLE, AND CONTRACT TERM, TO:25 (A) P REVENT, DETECT, AND SCREEN FOR THE TRANSFER OF26 FIREARMS TO STRAW PURCHASERS OR FIREARM TRAFFICKERS ;27 158 -6- (B) PREVENT, DETECT, AND SCREEN AGAINST SALES OF FIREARMS1 OR ITEMS REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT" TO2 INDIVIDUALS PROHIBITED FROM POSSESSING A FIREARM BY FEDERAL ,3 STATE, OR LOCAL LAW, OR COURT ORDER;4 (C) P REVENT, DETECT, AND DOCUMENT THE THEFT OR LOSS OF5 FIREARMS OR ITEMS REGULATED PURSUANT TO THE "NATIONAL FIREARMS 6 A CT"; 7 (D) T RAIN EMPLOYEES TO ENSURE COMPLIANCE WITH ALL8 APPLICABLE FEDERAL, STATE, AND LOCAL FIREARMS LAWS AND9 REGULATIONS; AND10 (E) A SSIST LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION11 AND PREVENTION OF CRIMINAL ACCESS TO FIREARMS OR ITEMS 12 REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT"; AND13 14 (VIII) C OMPLY WITH ALL APPLICABLE FEDERAL , STATE, OR LOCAL15 LAWS.16 (b) T HE CONTRACTOR OR BIDDER SHALL AFFIRM AT THE TIME OF17 THE BID THAT THE CONTRACTOR OR BIDDER SHALL NOT SELL18 UNSERIALIZED GUN BUILD KITS, UNSERIALIZED FIREARMS, UNSERIALIZED19 UNFINISHED FRAMES, OR UNFINISHED RECEIVERS THROUGH THE DURATION20 OF THE CONTRACT . THE CONTRACTOR OR BIDDER SHALL PROVIDE21 DOCUMENTATION TO PROVE COMPLIANCE WITH APPLICABLE FEDERAL ,22 STATE, OR LOCAL LAWS RELATED TO UNSERIALIZED FIREARMS ,23 UNSERIALIZED UNFINISHED FRAMES , OR UNFINISHED RECEIVERS.24 (c) T HE CONTRACTOR OR BIDDER SHALL SUBMIT TO THE25 DEPARTMENT A CERTIFICATION STATEMENT , SIGNED AND AFFIRMED26 UNDER PENALTY OF PERJURY, AS DEFINED IN SECTION 18-8-503, STATING27 158 -7- THAT THE MATERIALS PROVIDED IN SUBSECTION (3)(a) OF THIS SECTION1 ARE TRUE AND COMPLETE.2 (4) (a) T HE ATTORNEY GENERAL MAY ASSIST THE DEPARTMENT IN3 DEVELOPING PROCESSES AND PROCEDURES TO IMPLEMENT THIS SECTION ,4 INCLUDING A PROCESS TO ADMINISTER AND ASSESS A CONTRACTOR 'S OR5 BIDDER'S COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION . THE6 PROCESS MAY INCLUDE, BUT NEED NOT BE LIMITED TO:7 (I) D EVELOPING A PREQUALIFICATION PROCESS TO PREQUALIFY8 POTENTIAL CONTRACTORS OR BIDDERS AS SET FORTH IN SECTION9 24-103-402;10 (II) D EVELOPING A SCORING SYSTEM TO EVALUATE A POTENTIAL11 CONTRACTOR'S OR BIDDER'S RECORD OF SAFE BUSINESS PRACTICES THAT12 IS USED IN AWARDING CONTRACTS OR PURCHASES ; AND13 (III) T ERMINATING CONTRACTS WITH CONTRACTORS OR BIDDERS14 FOUND TO BE NONCOMPLIANT WITH THE TERMS OF THIS SECTION DURING15 THE TERM OF THE CONTRACT AS SET FORTH IN SECTION 24-106-101 (3)(c)16 AND (3)(d).17 (b) T HE DEPARTMENT SHALL REJECT A BID OR PROPOSAL FOR A18 CONTRACT OR SALE OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE 19 "N ATIONAL FIREARMS ACT" IF:20 (I) A CONTRACTOR OR BIDDER HAS NOT SUBMITTED THE REQUIRED21 DOCUMENTATION SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION;22 (II) T HE CONTRACTOR'S OR BIDDER'S REQUIRED DOCUMENTATION23 DOES NOT MEET THE STANDARDS SET FORTH IN SUBSECTION (3)(a) OF THIS24 SECTION; OR25 (III) T HE DEPARTMENT DETERMINES THE BIDDER OR CONTRACTOR26 IS NOT ENGAGING IN SAFE BUSINESS PRACTICES.27 158 -8- (5) A GOVERNMENTAL BODY SHALL NOT WAIVE THE1 REQUIREMENTS OF THIS SECTION OR MAKE EXIGENT OR EMERGENCY2 PURCHASES OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE3 "N ATIONAL FIREARMS ACT" TO SUBVERT THIS SECTION.4 (6) T HE DEPARTMENT MAY ADOPT RULES TO IMPLEMENT THIS5 SECTION.6 (7) A RESIDENT BIDDER AND NONRESIDENT BIDDER ARE TREATED7 EQUALLY FOR PURPOSES OF THIS SECTION. A RESIDENT BIDDER SHALL NOT8 RECEIVE A BID PREFERENCE AGAINST A NONRESIDENT BIDDER FOR THE9 PURCHASE OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE 10 "N ATIONAL FIREARMS ACT" AS SET FORTH IN SECTION 24-103-906 (1)(a).11 12 SECTION 3. Act subject to petition - effective date. Sections13 1 and 2 of this act take effect January 1, 2026, and the remainder of this14 act takes effect at 12:01 a.m. on the day following the expiration of the15 ninety-day period after final adjournment of the general assembly; except16 that, if a referendum petition is filed pursuant to section 1 (3) of article V17 of the state constitution against this act or an item, section, or part of this18 act within such period, then the act, item, section, or part will not take19 effect unless approved by the people at the general election to be held in20 November 2026 and, in such case, will take effect on the date of the21 official declaration of the vote thereon by the governor.22 158 -9-