Colorado 2025 2025 Regular Session

Colorado Senate Bill SB158 Engrossed / Bill

Filed 04/16/2025

                    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-