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Colorado Senate Bill SB158

Colorado 2025 Regular Session

Colorado Senate Bill SB158 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 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
77 LLS NO. 25-0380.02 Alana Rosen x2606
88 SENATE BILL 25-158
99 Senate Committees House Committees
1010 State, Veterans, & Military Affairs
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING CREATING STATE PRO CUREMENT POLICIES FOR STATE
1515 101
1616 AGENCIES IN THE TREATMENT OF CERTAIN ITEMS RELATED TO102
1717 WEAPONS.103
1818 Bill Summary
1919 (Note: This summary applies to this bill as introduced and does
2020 not reflect any amendments that may be subsequently adopted. If this bill
2121 passes third reading in the house of introduction, a bill summary that
2222 applies to the reengrossed version of this bill will be available at
2323 http://leg.colorado.gov
2424 .)
2525 The bill creates procurement practices for firearms, ammunition,
2626 and firearms accessories by the state. The bill applies to all bids the state
2727 solicits, enters into, awards, amends, renews, or extends on and after
2828 January 1, 2026, for procuring firearms, ammunition, or firearms
2929 accessories from a contractor or bidder. During a governmental body's
3030 SENATE
31-3rd Reading Unamended
32-April 17, 2025
33-SENATE
3431 Amended 2nd Reading
3532 April 16, 2025
3633 SENATE SPONSORSHIP
37-Sullivan and Gonzales J., Amabile, Coleman, Cutter, Danielson, Hinrichsen, Jodeh, Kipp,
38-Kolker, Marchman, Michaelson Jenet, Wallace, Weissman
34+Sullivan and Gonzales J.,
3935 HOUSE SPONSORSHIP
4036 Froelich and Brown,
4137 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4238 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4339 Dashes through the words or numbers indicate deletions from existing law. contract solicitation process, request for proposal process, or request
4440 during the term of a contract, a contractor or bidder shall follow a
4541 procurement verification process (verification process) to confirm that the
4642 contractor or bidder engages in safe business practices.
4743 The attorney general shall assist the department of personnel in
4844 developing processes and procedures to implement the verification
4945 process.
5046 Each law enforcement agency shall destroy and dispose of:
5147 ! Service firearms that are retired, damaged, or declared
5248 surplus by the applicable law enforcement agency;
5349 ! Firearms purchased in a law enforcement agency buyback
5450 program;
5551 ! Firearms that are voluntarily surrendered to the law
5652 enforcement agency for destruction; and
5753 ! Any other firearms in the possession of the law
5854 enforcement agency that are not in use or subject to an
5955 investigation or criminal case.
6056 If a peace officer receives one of these firearms, the peace officer shall
6157 give the firearm to the peace officer's employing law enforcement agency.
6258 The law enforcement agency may work with an organization or state
6359 agency it contracts with to destroy and dispose of the firearm.
6460 The bill requires each law enforcement agency in the state, on or
6561 before September 5, 2025, to develop and maintain a policy on the
6662 destruction of firearms. The policy must include a process to:
6763 ! Identify and make a record of firearms that are required to
6864 be destroyed;
6965 ! Identify and make a record of firearms that are not required
7066 to be destroyed;
7167 ! Maintain the records of firearms to be destroyed; and
7268 ! Destroy and dispose of the firearms.
7369 Upon the written order of a court or the district attorney that the
7470 retention of a firearm is necessary or proper in the pursuit of justice, the
7571 peace officer and the peace officer's employing law enforcement agency
7672 shall not destroy and dispose of the firearm. If the firearm is evidence in
7773 a criminal case, the firearm must be retained.
7874 A law enforcement agency shall not destroy and dispose of a stolen
7975 firearm. Within 90 days after a recovered firearm is reported or identified
8076 as stolen, a peace officer shall restore the firearm to the lawful owner
8177 upon evidence of the lawful owner's identification of the firearm and
8278 proof of ownership. If the lawful owner's identity and address is
8379 reasonably ascertained and the lawful owner is given reasonable notice
8480 by certified mail that the firearm was recovered but the lawful owner does
8581 not respond within 60 days after the reasonable notice is given, the law
8682 enforcement agency may destroy and dispose of the firearm.
8783 158
8884 -2- Be it enacted by the General Assembly of the State of Colorado:1
8985 SECTION 1. In Colorado Revised Statutes, 24-103-906, amend2
9086 (1)(a) as follows:3
9187 24-103-906. Bid preference - state contracts. (1) (a) Except as4
9288 provided in subsection (1)(b) of this section and in section 24-103-9075
9389 SECTIONS 24-103-907 AND 24-103-907.5, when a contract for6
9490 commodities or services is to be awarded to a bidder, a resident bidder7
9591 shall be IS allowed a preference against a nonresident bidder equal to the8
9692 preference given or required by the state in which the nonresident bidder9
9793 is a resident.10
9894 SECTION 2. In Colorado Revised Statutes, add 24-103-907.5 as11
9995 follows:12
10096 24-103-907.5. State purchases of firearms and ammunition -13
10197 contractor or bidder - rules - legislative intent - definitions.14
10298 (1) (a) T
10399 HE GENERAL ASSEMBLY INTENDS THAT :15
104100 (I) T
105101 HIS SECTION IS CREATED FOR THE DEVELOPMENT OF16
106102 PROCUREMENT PRACTICES BY THE STATE FOR FIREARMS AND ITEMS
107103 17
108104 REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT"; AND18
109105 (II) T
110106 HIS SECTION APPLIES TO ALL BIDS THE STATE SOURCES ,
111107 19
112108 ENTERS INTO, AWARDS, AMENDS, RENEWS, OR EXTENDS ON OR AFTER20
113109 J
114110 ANUARY 1, 2026, CONDUCTED PURSUANT TO THE CODE , AS APPLICABLE,
115111 21
116112 FOR PROCURING FIREARMS OR ITEMS REGULATED PURSUANT TO THE22
117113 "N
118114 ATIONAL FIREARMS ACT".
119115 23
120116 (b) T
121117 HE GENERAL ASSEMBLY THEREFORE FINDS THAT A24
122118 CONTRACTOR, BIDDER, OR GOVERNMENTAL BODY SHALL COMPLY WITH25
123119 THIS SECTION DURING A CONTRACT SOURCING METHOD PROCESS
124120 26
125121 158-3- CONDUCTED PURSUANT TO THE CODE , AS APPLICABLE, INVOLVING1
126122 FIREARMS AND ITEMS REGULATED PURSUANT TO THE "NATIONAL2
127123 F
128124 IREARMS ACT"
129125 AND THROUGHOUT THE TERM OF THE CONTRACT .3
130126 (2) A
131127 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
132128 REQUIRES:5
133129
134130 6
135131 (a) "FEDERAL FIREARMS LICENSE" HAS THE SAME MEANING AS SET7
136132 FORTH IN SECTION 18-12-401.8
137133 (b) "FEDERAL FIREARMS LICENSEE" OR "LICENSEE" HAS THE SAME9
138134 MEANING AS SET FORTH IN SECTION 18-12-101 (1)(b.6).10
139135 (c) "F
140136 EDERALLY LICENSED FIREARM DEALER " HAS THE SAME
141137 11
142138 MEANING AS SET FORTH IN SECTION 18-12-101.12
143139 (d) "F
144140 IREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION13
145141 18-12-101 (1)(b.7).14
146142
147143 15
148144 (e) "FIREARMS BIDDER" OR "BIDDER" MEANS A BIDDER WHO16
149145 SUBMITS A BID IN RESPONSE TO AN INVITATION FOR BIDS FROM A17
150146 GOVERNMENTAL BODY FOR THE SALE OF FIREARMS OR ITEMS REGULATED18
151147 PURSUANT TO THE "NATIONAL FIREARMS ACT" PURSUANT TO THIS19
152148 SECTION.20
153149 (f) "FIREARMS CONTRACTOR" OR "CONTRACTOR" MEANS A21
154150 CONTRACTOR WHO ENTERS INTO A CONTRACT OR AGREEMENT WITH A22
155151 GOVERNMENTAL BODY FOR THE SALE OF FIREARMS OR ITEMS REGULATED23
156152 PURSUANT TO THE "NATIONAL FIREARMS ACT" TO THE GOVERNMENTAL24
157153 BODY PURSUANT TO THIS SECTION.25
158154 (g) "N
159155 ATIONAL FIREARMS ACT" MEANS THE FEDERAL "NATIONAL
160156 26
161157 F
162158 IREARMS ACT", 26 U.S.C. SEC. 5801 ET SEQ.
163159 27
164160 158
165161 -4- (3) (a) DURING A GOVERNMENTAL BODY 'S CONTRACTING PROCESS,1
166162 A GOVERNMENTAL BODY 'S SOURCING METHOD PROCESS CONDUCTED2
167163 PURSUANT TO THE CODE, AS APPLICABLE, OR UPON REQUEST DURING3
168164 THE TERM OF A CONTRACT WITH A GOVERNMENTAL BODY RELATING TO4
169165 THE PROCUREMENT OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE5
170166 "N
171167 ATIONAL FIREARMS ACT", A FIREARMS
172168 CONTRACTOR OR A FIREARMS6
173169 BIDDER SHALL, IF APPLICABLE:7
174170 (I) C
175171 OMPLY WITH THE REQUIREMENTS OF SECTION 18-12-401.5 (1)8
176172 TO ENGAGE IN THE BUSINESS OF DEALING IN FIREARMS IN THE STATE , IF9
177173 APPLICABLE;10
178174 (II) P
179175 ROVIDE TO THE GOVERNMENTAL BODY PROOF AND COPIES OF11
180176 ALL REQUIRED LICENSES, INCLUDING A FEDERAL FIREARMS LICENSE ,12
181177 PERMITS, AND CERTIFICATES;13
182178 (III) P
183179 ROVIDE, IF THE CONTRACTOR OR BIDDER IS A FEDERALLY
184180 14
185181 LICENSED FIREARMS DEALER , TO THE GOVERNMENTAL BODY ANY15
186182 MATERIALS THAT ARE NOT CONFIDENTIAL DOCUMENTING ANY UNITED16
187183 S
188184 TATES BUREAU OF ALCOHOL , TOBACCO, FIREARMS, AND EXPLOSIVES17
189185 TRACE REQUESTS THE CONTRACTOR OR BIDDER RECEIVED EACH YEAR FOR18
190186 THE PAST THREE
191187 CALENDAR YEARS BEFORE THE DATE OF THE CONTRACT19
192188 OR BID, THE NUMBER OF TRACE REQUESTS IN THE CALENDAR YEARS20
193189 BEFORE THE YEAR OF THE CONTRACT OR BID , IF APPLICABLE, AND THE21
194190 TIME BETWEEN THE SALE OF THE FIREARM SUBJECT TO THE TRACE22
195191 REQUEST AND THE CRIME THAT GENERATED THE TRACE REQUEST . IF THE23
196192 MATERIALS DESCRIBED IN THIS SUBSECTION (3)(a)(III) ARE NOT24
197193 AVAILABLE BECAUSE THE CONTRACTOR OR BIDDER DOES NOT MAINTAIN25
198194 THE MATERIALS, THE CONTRACTOR OR BIDDER SHALL SUBMIT A26
199195 STATEMENT CONFIRMING THE MATERIALS ARE NOT AVAILABLE BECAUSE27
200196 158
201197 -5- THE CONTRACTOR OR BIDDER DOES NOT KEEP OR MAINTAIN THE1
202198 MATERIALS.2
203199 (IV) P
204200 ROVIDE TO THE GOVERNMENTAL BODY MATERIALS3
205201 DOCUMENTING ANY THEFT OR LOSS OF FIREARMS OR ITEMS REGULATED
206202 4
207203 PURSUANT TO THE "NATIONAL FIREARMS ACT" FROM THE PREMISES OF5
208204 THE CONTRACTOR OR BIDDER WITHIN THE PAST THREE CALENDAR YEARS6
209205 BEFORE THE DATE OF THE CONTRACT OR BID TO EVALUATE POTENTIAL7
210206 SECURITY CONCERNS;8
211207 (V) P
212208 ROVIDE TO THE GOVERNMENTAL BODY A TRUE COPY OF THE9
213209 MOST RECENT INSPECTION REPORT OF ANY FIREARM
214210 INSPECTION10
215211 CONDUCTED BY A STATE OR LOCAL AGENCY , INCLUDING ANY ADDITIONAL11
216212 MATERIALS DOCUMENTING ADMINISTRATIVE ACTIONS TAKEN BY THE12
217213 STATE OR LOCAL AGENCY, IF APPLICABLE;13
218214 (VI) D
219215 ISCLOSE TO THE GOVERNMENTAL BODY ANY VIOLATIONS14
220216 DISCOVERED FROM AN INSPECTION CONDUCTED BY A FEDERAL AGENCY15
221217 DURING THE LAST TWO FIREARM
222218 INSPECTIONS, IF APPLICABLE, AND16
223219 PROVIDE MATERIALS DOCUMENTING THE CONTRACTOR 'S OR BIDDER'S17
224220 CORRECTIVE ACTIONS TAKEN IN RESPONSE TO A FINDING OF18
225221 NONCOMPLIANCE OR A VIOLATION OF A FEDERAL FIREARM LAW,19
226222 REGULATION, OR REQUIREMENT;20
227223 (VII) P
228224 ROVIDE TO THE GOVERNMENTAL BODY IN WRITING ANY21
229225 PRACTICES OR POLICIES ADOPTED BY THE CONTRACTOR OR BIDDER ,22
230226 INCLUDING ANY SUBSEQUENT AMENDMENTS MADE TO THE PRACTICES OR23
231227 POLICIES DURING THE SOURCING METHOD
232228 PROCESS CONDUCTED PURSUANT24
233229 TO THE CODE, AS APPLICABLE, AND CONTRACT TERM, TO:25
234230 (A) P
235231 REVENT, DETECT, AND SCREEN FOR THE TRANSFER OF26
236232 FIREARMS TO STRAW PURCHASERS OR FIREARM TRAFFICKERS ;27
237233 158
238234 -6- (B) PREVENT, DETECT, AND SCREEN AGAINST SALES OF FIREARMS1
239235 OR ITEMS REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT" TO2
240236 INDIVIDUALS PROHIBITED FROM POSSESSING A FIREARM BY FEDERAL ,3
241237 STATE, OR LOCAL LAW, OR COURT ORDER;4
242238 (C) P
243239 REVENT, DETECT, AND DOCUMENT THE THEFT OR LOSS OF5
244240 FIREARMS OR ITEMS REGULATED PURSUANT TO THE "NATIONAL FIREARMS
245241 6
246242 A
247243 CT";
248244 7
249245 (D) T
250246 RAIN EMPLOYEES
251247 TO ENSURE COMPLIANCE WITH ALL8
252248 APPLICABLE FEDERAL, STATE, AND LOCAL FIREARMS LAWS AND9
253249 REGULATIONS; AND10
254250 (E) A
255251 SSIST LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION11
256252 AND PREVENTION OF CRIMINAL ACCESS TO FIREARMS OR ITEMS
257253 12
258254 REGULATED PURSUANT TO THE "NATIONAL FIREARMS ACT"; AND13
259255 14
260256 (VIII) C
261257 OMPLY WITH ALL APPLICABLE FEDERAL , STATE, OR LOCAL15
262258 LAWS.16
263259 (b) T
264260 HE CONTRACTOR OR BIDDER SHALL AFFIRM AT THE TIME OF17
265261 THE BID THAT THE CONTRACTOR OR BIDDER SHALL NOT SELL18
266262 UNSERIALIZED GUN BUILD KITS,
267263 UNSERIALIZED FIREARMS, UNSERIALIZED19
268264 UNFINISHED FRAMES, OR UNFINISHED RECEIVERS THROUGH THE DURATION20
269265 OF THE CONTRACT . THE CONTRACTOR OR BIDDER SHALL PROVIDE21
270266 DOCUMENTATION TO PROVE COMPLIANCE WITH APPLICABLE FEDERAL ,22
271267 STATE, OR LOCAL LAWS RELATED TO UNSERIALIZED FIREARMS ,23
272268 UNSERIALIZED UNFINISHED FRAMES , OR UNFINISHED RECEIVERS.24
273269 (c) T
274270 HE CONTRACTOR OR BIDDER SHALL SUBMIT TO THE25
275271 DEPARTMENT A CERTIFICATION STATEMENT , SIGNED AND AFFIRMED26
276272 UNDER PENALTY OF PERJURY, AS DEFINED IN SECTION 18-8-503, STATING27
277273 158
278274 -7- THAT THE MATERIALS PROVIDED IN SUBSECTION (3)(a) OF THIS SECTION1
279275 ARE TRUE AND COMPLETE.2
280276 (4) (a) T
281277 HE ATTORNEY GENERAL MAY
282278 ASSIST THE DEPARTMENT IN3
283279 DEVELOPING PROCESSES AND PROCEDURES TO IMPLEMENT THIS SECTION ,4
284280 INCLUDING A PROCESS TO ADMINISTER AND ASSESS A CONTRACTOR 'S OR5
285281 BIDDER'S COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION . THE6
286282 PROCESS MAY INCLUDE, BUT NEED NOT BE LIMITED TO:7
287283 (I) D
288284 EVELOPING A PREQUALIFICATION PROCESS TO PREQUALIFY8
289285 POTENTIAL CONTRACTORS OR BIDDERS AS SET FORTH IN SECTION9
290286 24-103-402;10
291287 (II) D
292288 EVELOPING A SCORING SYSTEM TO EVALUATE A POTENTIAL11
293289 CONTRACTOR'S OR BIDDER'S RECORD OF SAFE BUSINESS PRACTICES THAT12
294290 IS USED IN AWARDING CONTRACTS OR PURCHASES ; AND13
295291 (III) T
296292 ERMINATING CONTRACTS WITH CONTRACTORS OR BIDDERS14
297293 FOUND TO BE NONCOMPLIANT WITH THE TERMS OF THIS SECTION DURING15
298294 THE TERM OF THE CONTRACT AS SET FORTH IN SECTION 24-106-101 (3)(c)16
299295 AND (3)(d).17
300296 (b) T
301297 HE DEPARTMENT SHALL REJECT A BID OR PROPOSAL FOR A18
302298 CONTRACT OR SALE OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE
303299 19
304300 "N
305301 ATIONAL FIREARMS ACT"
306302 IF:20
307303 (I) A
308304 CONTRACTOR OR BIDDER HAS NOT SUBMITTED THE REQUIRED21
309305 DOCUMENTATION SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION;22
310306 (II) T
311307 HE CONTRACTOR'S OR BIDDER'S REQUIRED DOCUMENTATION23
312308 DOES NOT MEET THE STANDARDS SET FORTH IN SUBSECTION (3)(a) OF THIS24
313309 SECTION; OR25
314310 (III) T
315311 HE DEPARTMENT DETERMINES THE BIDDER OR CONTRACTOR26
316312 IS NOT ENGAGING IN SAFE BUSINESS PRACTICES.27
317313 158
318314 -8- (5) A GOVERNMENTAL BODY SHALL NOT WAIVE THE1
319315 REQUIREMENTS OF THIS SECTION OR MAKE EXIGENT OR EMERGENCY2
320316 PURCHASES OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE3
321317 "N
322318 ATIONAL FIREARMS ACT"
323319 TO SUBVERT THIS SECTION.4
324320 (6) T
325321 HE DEPARTMENT MAY ADOPT RULES TO IMPLEMENT THIS5
326322 SECTION.6
327323 (7) A
328324 RESIDENT BIDDER AND NONRESIDENT BIDDER ARE TREATED7
329325 EQUALLY FOR PURPOSES OF THIS SECTION. A RESIDENT BIDDER SHALL NOT8
330326 RECEIVE A BID PREFERENCE AGAINST A NONRESIDENT BIDDER FOR THE9
331327 PURCHASE OF FIREARMS OR ITEMS REGULATED PURSUANT TO THE
332328 10
333329 "N
334330 ATIONAL FIREARMS ACT"
335331 AS SET FORTH IN SECTION 24-103-906 (1)(a).11
336332 12
337333 SECTION 3. Act subject to petition - effective date. Sections13
338334 1 and 2 of this act take effect January 1, 2026, and the remainder of this14
339335 act takes effect at 12:01 a.m. on the day following the expiration of the15
340336 ninety-day period after final adjournment of the general assembly; except16
341337 that, if a referendum petition is filed pursuant to section 1 (3) of article V17
342338 of the state constitution against this act or an item, section, or part of this18
343339 act within such period, then the act, item, section, or part will not take19
344340 effect unless approved by the people at the general election to be held in20
345341 November 2026 and, in such case, will take effect on the date of the21
346342 official declaration of the vote thereon by the governor.22
347343 158
348344 -9-