Second Amendment Protection Act

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0600.01 Conrad Imel x2313 HOUSE BILL 26-1021
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES TO PROTECT SECOND AMENDMENT RIGHTS.101
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 repeals various state laws related to firearms and other
weapons. Specifically, the bill repeals provisions concerning:
! Unlawfully carrying a firearm at a polling location or drop
box offense;
! The presumption that an individual engages in
election-related intimidation if the individual carries a
visible firearm, imitation firearm, or toy firearm while
interacting with or observing specified election activities;
HOUSE SPONSORSHIP
Bradley and Brooks,
SENATE SPONSORSHIP
(None),
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.
! Firearm industry standards of responsible conduct enacted
in Senate Bill 23-168, enacted in 2023, and the bill restores
the firearms product liability provisions that existed prior
to the enactment of Senate Bill 23-168;
! Payment processing for retail sales of firearms;
! Designating as peace officers the following personnel of
the firearms dealer division within the department of
revenue: The director, deputy directors, agents in charge,
criminal investigator supervisors, and criminal
investigators;
! Including in a mandatory criminal protection order a
requirement for a defendant to relinquish firearms and
ammunition;
! The classification of a rapid-fire device as a dangerous
weapon;
! Prohibitions on knowingly carrying a firearm in specified
government buildings and licensed child care centers;
! Unlawfully carrying a concealed weapon;
! Unlawfully possessing explosive, incendiary, or other
dangerous devices in certain legislative buildings;
! Unlawfully carrying a firearm at a licensed child care
center; a public or private elementary, middle, junior high,
high, or vocational school; or a public or private college or
university;
! Requirements to store a firearm, including in a vehicle;
! The requirement for the department of public health and
environment to conduct a firearms safe storage education
campaign;
! Prohibitions on certain conduct involving an unserialized
firearm, frame, or receiver;
! The requirement to conduct a background check on the
transferee in a private firearm transfer;
! Setting the minimum age to buy a firearm at 21 years old;
! The 3-day waiting period for firearm sales;
! Certain prohibited activity involving semiautomatic
firearms, including the prohibition on purchasing a firearm
without having completed certain educational
requirements, and the associated firearms training and
safety course record system;
! Ammunition sales;
! Permitting local entities to prohibit carrying a concealed
handgun in certain areas;
! Prohibiting the possession of certain ammunition
magazines, and marking requirements on certain
ammunition magazines manufactured in Colorado on or
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after July 1, 2013;
! The requirement to have a state permit to deal firearms in
Colorado and the requirements for dealers and dealers'
employees;
! Gun show regulations;
! Providing materials about gun violence prevention to
parents with students in K-12 schools;
! The authority of the Colorado bureau of investigation to
investigate particular illegal activity involving firearms
statewide;
! The voluntary waiver of the right to purchase a firearm;
and
! The authority of a local government to enact an ordinance,
regulation, or other law governing or prohibiting the sale,
purchase, transfer, or possession of a firearm, ammunition,
or firearm component or accessory.
The bill repeals the office of gun violence prevention.
As part of the repeals described above, the firearms training and
safety course cash fund is repealed and the voluntary waiver of the right
to purchase a firearm program, which is funded by gifts, grants, and
donations, is repealed. The bill directs the state treasurer to return the
money in the firearms training and safety course cash fund to the persons
who paid fees into the fund and to return to the grantors and donors the
balance of the gifts, grants, and donations made in support of the
voluntary waiver of the right to purchase a firearm program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Second2
Amendment Protection Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) For more than 15 years, the state of Colorado and successive6
general assemblies have waged an unrelenting and deliberate assault on7
the constitutional right of the people to keep and bear arms. Under the8
false pretense of public safety, lawmakers have enacted a steady stream9
of punitive, ideologically driven gun control measures designed not to10
stop criminals but to exhaust, intimidate, and disarm law-abiding citizens.11
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(b) In the 2 most recent regular legislative sessions, the general1
assembly passed more than a dozen anti-gun laws that infringe on2
individuals' due process rights, destroy family-owned businesses,3
criminalize ordinary behavior, and drive hardworking Coloradans out of4
the state. These actions represent not governance but hostility toward the5
people whose rights this general assembly is sworn to protect.6
(c) The founding fathers did not draft the United States7
constitution as a suggestion, nor did they leave its meaning open to8
political fashion or activist reinterpretation. They wrote it plainly and9
deliberately to restrain government power. The second amendment could10
not be more clear: "[T]he right of the people to keep and bear arms shall11
not be infringed." The rights protected by the second amendment are not12
limited, not conditional, and not negotiable.13
(d) The second amendment does not exist for sport, recreation, or14
even personal defense alone. Its core purpose is to ensure that ultimate15
power remains with the people, not centralized in an overreaching16
government that believes itself immune from constitutional limits. Every17
attempt to weaken, regulate, or nullify rights protected by the second18
amendment is an attempt to consolidate power away from the citizenry19
and toward the state.20
(2) The general assembly further finds that:21
(a) An overwhelming majority of firearm restrictions enacted in22
Colorado since 2013 are incompatible with the text, history, and tradition23
of the second amendment, the constitutional standard affirmed by the24
United States supreme court in N.Y. State Rifle & Pistol Association v.25
Bruen, 597 U.S. 1 (2022). The legislators and lobbyists responsible for26
these laws have demonstrated either willful ignorance or outright27
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contempt for that standard.1
(b) Colorado's legislative process has been captured by a2
well-funded out-of-state anti-gun lobby and its billionaire donors whose3
influence drowns out the voices of ordinary Coloradans and pressures4
lawmakers to advance unconstitutional policies regardless of their5
consequences;6
(c) During the very period in which gun control laws have7
multiplied, Colorado has experienced a sustained and alarming rise in8
violent crime. The state has ranked first in the nation for motor vehicle9
theft and has ranked consistently among the most dangerous states in the10
country, which is clear evidence that disarming the law-abiding has not,11
and will not, stop criminal violence.12
(d) Law-abiding firearm carriers stop thousands of crimes13
annually, with estimates ranging from 60,000 to 90,000 crimes stopped14
each year to estimates of as many as 1.6 to 2.5 million defensive actions15
per year involving firearms, based on self-reported surveys;16
(e) The people of Colorado have been subjected to escalating17
lawlessness, organized criminal activity, and unchecked violence while18
simultaneously being stripped of their ability to defend themselves. They19
have been told to rely on a system that repeatedly fails them while their20
constitutional rights are treated as obstacles rather than guarantees.21
(3) The general assembly further declares that:22
(a) The laws repealed in this act are blatant violations of the23
second amendment; leave Coloradans more vulnerable to both domestic24
and foreign threats; embolden criminals while punishing the innocent;25
and represent a direct threat to the liberty, security, and self-determination26
of the people of this great state; and27
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(b) The right to keep and bear arms is not a privilege granted by1
government; it is a safeguard against government overreach. Colorado2
will no longer be complicit in its erosion.3
SECTION 3. In Colorado Revised Statutes, repeal 1-13-724,4
1-13-726, article 27 of title 6, 16-2.5-121.5, 18-1-1001 (3)(a)(I)(C) and5
(9), 18-12-105, 18-12-105.3, 18-12-105.5, 18-12- 111.5, 18- 12-112,6
18-12-114, 18-12-114.5, 18-12-115, 18-12-116, 18-12-117, part 3 of7
article 12 of title 18, 18-12-401 (6), 18-12-401.5, 18-12-405, 18-12-406,8
18-12-407, part 5 of article 12 of title 18, 22-1-150, 24-33.5-424.7,9
24-35-122, 25-1-131, part 12 of article 20.5 of title 25, and 33-9-115.10
SECTION 4. In Colorado Revised Statutes, 1-13-726, repeal11
(2)(a), (2)(b), and (4) as follows:12
1-13-726. Intimidation of voters or election officials - civil13
enforcement - short title - definitions.14
(2) Definitions. As used in this section, unless the context15
otherwise requires:16
(a) "Firearm" has the same meaning as set forth in section17
18-1-901 (3)(h).18
(b) "Imitation firearm" means an object or device reasonably19
capable of being mistaken for a firearm or for a weapon that uses20
compressed air or another gas to fire a projectile.21
(4) Presumption of engaging in election-related intimidation.22
(a) An individual who carries a visible firearm, imitation firearm,23
or toy firearm while interacting with or observing any of the activities24
described in subsection (3) of this section is presumed, in the absence of25
any affirmative showing to the contrary by a preponderance of the26
evidence, to have engaged in intimidation prohibited by this section.27
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(b) The presumption specified in subsection (4)(a) of this section1
does not apply to a law enforcement officer acting within the scope of the2
officer's official duties or to a uniformed security guard employed by a3
contract security agency, as defined in section 24-33.5-415.4, acting4
within the scope of the authority granted by and in the performance of a5
contractual agreement for the provision of security services with a person6
or entity that owns or controls the facility, building, or location subject to7
this section. Accordingly, a plaintiff must allege more than such a law8
enforcement officer's or uniformed security guard's possession of a9
holstered firearm to state a claim under this section; except that a court10
may consider a law enforcement officer's or uniformed security guard's11
possession of a firearm in determining whether the law enforcement12
officer or uniformed security guard violated subsection (3) of this section.13
SECTION 5. In Colorado Revised Statutes, recreate and14
reenact, with amendments, part 5 of article 21 of title 13 as follows:15
PART 516
PRODUCT LIABILITY ACTIONS - 17
FIREARMS AND AMMUNITION18
13-21-501. Legislative declaration.19
(1) THE GENERAL ASSEMBLY DECLARES THAT IT IS THE POLICY IN20
THIS STATE THAT PRODUCT LIABILITY FOR INJURY , DAMAGE, OR DEATH21
CAUSED BY THE DISCHARGE OF A FIREARM OR AMMUNITION MUST BE22
BASED ONLY UPON AN ACTUAL DEFECT IN THE DESIGN OR MANUFACTURE23
OF THE FIREARM OR AMMUNITION AND NOT UPON THE INHERENT24
POTENTIAL OF A FIREARM OR AMMUNITION TO CAUSE INJURY, DAMAGE, OR25
DEATH WHEN DISCHARGED.26
(2) T HE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS THE27
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POLICY OF THIS STATE THAT A CIVIL ACTION IN TORT FOR ANY REMEDY1
ARISING FROM PHYSICAL OR EMOTIONAL INJURY, PHYSICAL DAMAGE, OR2
DEATH CAUSED BY THE DISCHARGE OF A FIREARM OR AMMUNITION MUST3
BE BASED ONLY UPON AN ACTUAL DEFECT IN THE DESIGN OR4
MANUFACTURE OF THE FIREARM OR AMMUNITION OR UPON THE5
COMMISSION OF A VIOLATION OF A STATE OR FEDERAL STATUTE OR6
REGULATION AND NOT UPON ANY OTHER THEORY OF LIABILITY . THE7
GENERAL ASSEMBLY ALSO FINDS THAT A FIREARMS OR AMMUNITION8
MANUFACTURER, IMPORTER, OR DEALER SHALL NOT BE HELD LIABLE FOR9
THE ACTIONS OF ANOTHER PERSON UNDER ANY THEORY OF LIABILITY.10
13-21-502. Product liability action - definition.11
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE12
REQUIRES, "PRODUCT LIABILITY ACTION" MEANS A CLAIM FOR DAMAGES13
BROUGHT AGAINST A MANUFACTURER , DISTRIBUTOR , IMPORTER , OR14
SELLER OF FIREARMS OR AMMUNITION ALLEGING A DEFECT IN THE DESIGN15
OR MANUFACTURE OF A FIREARM OR AMMUNITION.16
13-21-503. Determination of defect - burden of proof.17
(1) I N A PRODUCT LIABILITY ACTION , WHETHER A FIREARM OR18
AMMUNITION IS DEEMED DEFECTIVE IN DESIGN MUST NOT BE BASED UPON19
ITS POTENTIAL TO CAUSE INJURY, DAMAGE, OR DEATH WHEN DISCHARGED.20
(2) THE PLAINTIFF HAS THE BURDEN TO PROVE , IN ADDITION TO21
ANY OTHER ELEMENTS REQUIRED TO BE PROVEN:22
(a) IN A PRODUCT LIABILITY ACTION ALLEGING A DESIGN DEFECT,23
THAT THE ACTUAL DESIGN WAS DEFECTIVE AND THAT THE DEFECTIVE24
DESIGN WAS THE PROXIMATE CAUSE OF THE INJURY, DAMAGE, OR DEATH;25
AND26
(b) I N A PRODUCT LIABILITY ACTION ALLEGING A DEFECT IN27
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MANUFACTURE, THAT THE FIREARM OR AMMUNITION WAS MANUFACTURED1
AT VARIANCE FROM ITS DESIGN AND THAT THE DEFECTIVE MANUFACTURE2
WAS THE PROXIMATE CAUSE OF THE INJURY, DAMAGE, OR DEATH.3
(3) THE INHERENT POTENTIAL OF A FIREARM OR AMMUNITION TO4
CAUSE INJURY, DAMAGE, OR DEATH WHEN DISCHARGED IS NOT A BASIS FOR5
A FINDING THAT THE PRODUCT IS DEFECTIVE IN DESIGN OR MANUFACTURE.6
13-21-504. Proximate cause.7
(1) IN A PRODUCT LIABILITY ACTION, THE ACTUAL DISCHARGE OF8
A FIREARM OR AMMUNITION MUST BE THE PROXIMATE CAUSE OF INJURY,9
DAMAGE, OR DEATH RESULTING FROM THE USE OF THE PRODUCT AND NOT10
THE INHERENT CAPABILITY OF THE PRODUCT TO CAUSE INJURY, DAMAGE,11
OR DEATH.12
(2) T HE MANUFACTURER 'S, IMPORTER 'S, OR DISTRIBUTOR 'S13
PLACEMENT OF A FIREARM OR AMMUNITION IN THE STREAM OF COMMERCE,14
EVEN IF THE PLACEMENT IS FOUND TO BE FORESEEABLE, IS NOT CONDUCT15
DEEMED SUFFICIENT TO CONSTITUTE THE PROXIMATE CAUSE OF INJURY ,16
DAMAGE, OR DEATH RESULTING FROM A THIRD PARTY 'S USE OF THE17
PRODUCT.18
(3) I N A PRODUCT LIABILITY ACTION CONCERNING THE19
ACCIDENTAL DISCHARGE OF A FIREARM , THE MANUFACTURER 'S,20
IMPORTER'S, OR DISTRIBUTOR 'S PLACEMENT OF THE PRODUCT IN THE21
STREAM OF COMMERCE IS NOT CONDUCT DEEMED SUFFICIENT TO22
CONSTITUTE PROXIMATE CAUSE , EVEN IF ACCIDENTAL DISCHARGE IS23
FOUND TO BE FORESEEABLE.24
(4) IN ADDITION TO ANY LIMITATION OF AN ACTION SET FORTH IN25
SECTION 13-80-119, IN A PRODUCT LIABILITY ACTION BR OUGHT BY THE26
PERSON WHO COMMITTED A CRIMINAL ACT, IT IS AN ABSOLUTE DEFENSE27
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THAT THE INJURY, DAMAGE, OR DEATH IMMEDIATELY RESULTED FROM THE1
USE OF THE FIREARM OR AMMUNITION DURING THE COMMISSION OF THE2
CRIMINAL ACT THAT IS A FELONY OR MISDEMEANOR.3
13-21-505. Limitations on actions - award of fees.4
(1) AN INDIVIDUAL OR PUBLIC OR PRIVATE ENTITY MAY NOT BRING5
AN ACTION IN TORT, OTHER THAN A PRODUCT LIABILITY ACTION, AGAINST6
A FIREARMS OR AMMUNITION MANUFACTURER, IMPORTER, OR DEALER FOR7
ANY REMEDY ARISING FROM PHYSICAL OR EMOTIONAL INJURY, PHYSICAL8
DAMAGE, OR DEATH CAUSED BY THE DISCHARGE OF A FIREARM OR9
AMMUNITION.10
(2) A FIREARMS OR AMMUNITION MANUFACTURER, IMPORTER, OR11
DEALER SHALL NOT, IN ANY TYPE OF ACTION, BE HELD LIABLE AS A THIRD12
PARTY FOR THE ACTIONS OF ANOTHER PERSON.13
(3) T HE COURT , UPON THE FILING OF A MOTION TO DISMISS14
PURSUANT TO RULE 12 (b) OF THE COLORADO RULES OF CIVIL PROCEDURE,15
SHALL DISMISS ANY ACTION BR OUGHT AGAINST A FIREARMS OR16
AMMUNITION MANUFACTURER, IMPORTER, OR DEALER THAT THE COURT17
DETERMINES IS PROHIBITED BY SUBSECTION (1) OR (2) OF THIS SECTION.18
UPON DISMISSAL PURSUANT TO THIS SUBSECTION (3), THE COURT SHALL19
AWARD REASONABLE ATTORNEY FEES , IN ADDITION TO COSTS , TO EACH20
DEFENDANT NAMED IN THE ACTION.21
(4) N OTWITHSTANDING SUBSECTION (1) OF THIS SECTION , A22
FIREARMS OR AMMUNITION MANUFACTURER, IMPORTER, OR DEALER MAY23
BE SUED IN TORT FOR ANY DAMAGES PROXIMATELY CAUSED BY AN ACT OF24
THE MANUFACTURER, IMPORTER, OR DEALER IN VIOLATION OF A STATE OR25
FEDERAL STATUTE OR REGULATION. IN ANY ACTION BROUGHT PURSUANT26
TO THIS SUBSECTION (4), THE PLAINTIFF HAS THE BURDEN OF PROVING BY27
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CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT VIOLATED THE1
STATE OR FEDERAL STATUTE OR REGULATION.2
13-21-506. Applicability of this part 5.3
THIS PART 5 DOES NOT BAR RECOVERY WHEN THE PLAINTIFF4
PROVES THAT THE PROXIMATE CAUSE OF AN INJURY, DAMAGE, OR DEATH5
WAS A FIREARM OR AMMUNITION THAT CONTAINED A DEFECT IN6
MANUFACTURE CAUSING THE FIREARM OR AMMUNITION TO BE AT7
VARIANCE FROM ITS DESIGN OR THAT THE FIREARM OR AMMUNITION WAS8
DESIGNED SO THAT IT DID NOT FUNCTION IN THE MANNER REASONABLY9
EXPECTED BY THE ORDINARY CONSUMER OF THE PRODUCT.10
SECTION 6. In Colorado Revised Statutes, amend 16-2.5-10211
as follows:12
16-2.5-102. Certified peace officer - P.O.S.T. certification13
required.14
The following peace officers shall meet all the standards imposed15
by law on a peace officer and shall be certified by the P.O.S.T. board: A16
chief of police, a police officer, a sheriff, an undersheriff, a deputy17
sheriff, a Colorado state patrol officer, a town marshal, a deputy town18
marshal, a reserve police officer, a reserve deputy sheriff, a reserve19
deputy town marshal, a police officer or reserve police officer employed20
by a state institution of higher education, a department of revenue auto21
industry division employee identified in section 16-2.5-122, a department22
of revenue firearms dealer division employee identified in section23
16-2.5-121.5 (2), a Colorado wildlife officer, a Colorado parks and24
recreation officer, a Colorado police administrator or police officer25
employed by the Colorado mental health institute at Pueblo, an attorney26
general criminal investigator, a community parole officer, a public transit27
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officer, a municipal court marshal, administrators of judicial security, the1
department of corrections inspector general, and a Colorado ranger.2
SECTION 7. In Colorado Revised Statutes, 18-12-102, amend3
(1) as follows:4
18-12-102. Possessing a dangerous or illegal weapon -5
affirmative defense - definition.6
(1) As used in this section, the term "dangerous weapon" means7
a firearm silencer, machine gun, rapid-fire device, short shotgun, or short8
rifle.9
SECTION 8. In Colorado Revised Statutes, 18-12-112.5, amend10
(1)(b) and (3)(a); and repeal (1)(a.3), (1)(a.5), and (1)(c) as follows:11
18-12-112.5. Firearms transfers by licensed dealers - sale and12
purchase - background check required - penalty - definitions.13
(1) (a.3) A person who is a licensed gun dealer shall not make or14
facilitate the sale of a firearm to a person who is less than twenty-one15
years of age.16
(a.5) It is unlawful for a person who is less than twenty-one years17
of age to purchase a firearm. This subsection (1)(a.5) and subsection18
(1)(a.3) of this section do not apply if:19
(I) The person is an active member of the United States armed20
forces while on duty and serving in conformance with the policies of the21
United States armed forces; or22
(II) The person is a peace officer, as described in section23
16-2.5-101, while on duty and serving in conformance with the policies24
of the employing agency, as set forth in section 16-2.5-101 and section25
16-2.5-135; or26
(III) An individual certified by the P.O.S.T. board pursuant to27
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section 16-2.5-102.1
(b) Transferring or selling a firearm in violation of this subsection2
(1) is a class 1 misdemeanor.3
(c) Purchasing a firearm in violation of this subsection (1) is a4
class 2 misdemeanor.5
(3) As used in this section, unless the context otherwise requires:6
(a) "Licensed gun dealer" has the same meaning set forth in7
section 18-12-506 MEANS A FEDERAL FIREARMS LICENSEE AS DEFINED IN8
SECTION 18-12-101.9
SECTION 9. In Colorado Revised Statutes, 18-12-201, amend10
(1)(a), (1)(c), (1)(d), (1)(e), and (2); and recreate and reenact, with11
amendments, (1)(b) as follows:12
18-12-201. Legislative declaration.13
(1) The general assembly finds that:14
(a) There exists a widespread inconsistency among jurisdictions15
within the state with regard to the issuance of permits to carry concealed16
handguns AND IDENTIFICATION OF AREAS OF THE STATE WHERE IT IS17
LAWFUL TO CARRY CONCEALED HANDGUNS;18
(b) THIS INCONSISTENCY AMONG JURISDICTIONS CREATES PUBLIC19
UNCERTAINTY REGARDING THE AREAS OF THE STATE IN WHICH IT IS20
LAWFUL TO CARRY CONCEALED HANDGUNS;21
(c) Inconsistency regarding issuance of permits results in the22
arbitrary and capricious denial of permits to carry concealed handguns23
based on the jurisdiction of residence rather than the qualifications for24
obtaining a permit;25
(d) Officials of local governments are uniquely equipped to make26
determinations as to where concealed handguns can be carried in their27
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local jurisdictions; and THE CRITERIA AND PROCEDURES FOR THE LAWFUL1
CARRYING OF CONCEALED HANDGUNS HISTORICALLY HAS BEEN2
REGULATED BY STATE STATUTE AND SHOULD BE CONSISTENT3
THROUGHOUT THE STATE TO ENSURE CONSISTENT IMPLEMENTATION OF4
STATE LAW; AND5
(e) It is necessary that the state occupy the field of regulation of6
issuing BEARING CONCEALED HANDGUNS SINCE THE ISS UANCE OF A7
concealed handgun permits because PERMIT IS BASED ON AN INDIVIDUAL'S8
CONSTITUTIONAL RIGHT OF SELF -PROTECTION AND there is a prevailing9
state interest in ensuring that no A citizen is NOT arbitrarily denied a10
concealed handgun permit AND THAT THE LAWS CONTROLLING THE USE OF11
THE PERMIT ARE CONSISTENT THROUGHOUT THE STATE.12
(2) Based on the findings specified in subsection (1) of this13
section, the general assembly concludes that:14
(a) The criteria and procedures for issuing permits to carry15
PERMITTING AND CARRYING OF concealed handguns is a matter of16
statewide concern; AND17
(b) It is necessary to provide statewide uniform standards for18
issuing permits to carry concealed handguns for self-defense. and19
(c) Whether concealed handguns can be carried in a specific area20
is a matter of state and local concern.21
SECTION 10. In Colorado Revised Statutes, 18-12-214, amend22
(1)(a) and (3)(a); and repeal (1)(c), (2.5), and (3.5) as follows:23
18-12-214. Authority granted by permit - carrying restrictions24
- local authority.25
(1) (a) A permit to carry a concealed handgun authorizes the26
permittee to carry a concealed handgun in all areas of the state, except as27
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specifically limited in this section. A permit does not authorize the1
permittee to use a handgun in a manner that would violate a provision of2
state law. A LOCAL GOVERNMENT DOES NOT HAVE AUTHORITY TO ADOPT3
OR ENFORCE AN ORDINANCE OR RESOLUTION THAT CONFLICTS WITH THIS4
PART 2.5
(c) (I) A local government, including a special district, or the6
governing board of an institution of higher education, including the board7
of directors of the Auraria higher education center, may enact an8
ordinance, resolution, rule, or other regulation that prohibits a permittee9
from carrying a concealed handgun in a building or specific area within10
the local government's or governing board's jurisdiction, or for a special11
district, in a building or specific area under the direct control or12
management of the district, including a building or facility managed13
pursuant to an agreement between the district and a contractor. An14
ordinance, resolution, or other regulation prohibiting a permittee from15
carrying a concealed handgun may only impose a civil penalty for a16
violation and require the person to leave the premises. For a first offense,17
the ordinance, resolution, or other regulation may not impose a fine that18
exceeds fifty dollars and may not impose a sentence of incarceration. A19
person who does not leave the premises when required may be subject to20
criminal penalties.21
(II) If a local government or governing board prohibits carrying22
a concealed handgun in a building or specific area, the local government23
or governing board shall post signs at the public entrances to the building24
or specific area informing persons that carrying a concealed handgun is25
prohibited in the building or specific area. The notice required by this26
section may be included on a sign describing open carry restrictions27
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posted in accordance with section 29-11.7-104.1
(2.5) A permit issued pursuant to this part 2 does not authorize a2
person to carry a concealed handgun into a place where the carrying of3
concealed handguns is prohibited by a local ordinance, resolution, rule,4
or other regulation.5
(3) A permit issued pursuant to this part 2 does not authorize a6
person to carry a concealed handgun onto the real property, or into any7
improvements erected thereon, of a public elementary, middle, junior8
high, or high school; except that:9
(a) A permittee may have a handgun on the real property of the10
public school so long as the handgun remains in the permittee's vehicle11
and, if the permittee leaves the vehicle unattended, the permittee stores12
the firearm pursuant to section 18-12-114.5 IS NOT IN THE VEHICLE, THE13
HANDGUN IS IN A COMPARTMENT WITHIN THE VEHICLE AND THE VEHICLE14
IS LOCKED;15
(3.5) A permit issued pursuant to this part 2 does not authorize a16
person to carry a concealed handgun:17
(a) Onto the real property, or into any improvements erected18
thereon, of a licensed child care center, as defined in section 18-12-105.5,19
or a public or private college, university, or seminary in violation of20
section 18-12-105.5;21
(b) In a government building in violation of section 18-12-105.3;22
or23
(c) At a polling lo cation, drop box, or central count facility, in24
violation of section 1-13-724.25
SECTION 11. In Colorado Revised Statutes, 24-33.5-412,26
amend (1)(r); and repeal (1)(t) and (10) as follows:27
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24-33.5-412. Functions of bureau - legislative review -1
interagency cooperation with reporting functions - processing time2
for criminal history record checks - computer crime - synthetic3
cannabinoids enforcement.4
(1) The bureau has the following authority:5
(r) To conduct criminal history records checks pursuant to section6
24-72-305.3; AND7
(t) To investigate throughout the state criminal activity involving8
firearms described in article 12 of title 18, including investigating illegal9
firearm transfers and attempts, as described in section 18-2-101, to10
illegally obtain a firearm. The bureau shall communicate with the11
appropriate local law enforcement agency to deconflict investigative12
operations and determine investigative responsibilities prior to taking13
investigative or enforcement action and shall collaborate with the local14
district attorney in the jurisdiction where the bureau is conducting an15
investigation in the beginning stages of the investigation. This subsection16
(1)(t) does not authorize the bureau to investigate other criminal activity17
encountered during a firearms-related investigation without consent from,18
or in collaboration with, the local law enforcement agency as required by19
law.20
(10) An agent or other employee of the bureau who is a peace21
officer shall wear and activate a body-worn camera in accordance with22
section 24-31-902 when conducting any public-facing part of an23
investigation pursuant to subsection (1)(t) of this section.24
SECTION 12. In Colorado Revised Statutes, 29-11.7-101,25
amend (1) introductory portion, (1)(d), (1)(e), and (2); and recreate and26
reenact, with amendments, (1)(f) and (1)(g) as follows:27
HB26-1021-17-
29-11.7-101. Legislative declaration.1
(1) The general assembly hereby finds that:2
(d) The state has an interest in the regulation of firearms due to3
the ease of transporting firearms between local jurisdictions; and THERE4
EXISTS A WIDESPREAD INCONSISTENCY AMONG JURISDICTIONS WITHIN THE5
STATE WITH REGARD TO FIREARMS REGULATIONS;6
(e) Officials of local governments are uniquely equipped to make7
determinations as to regulations necessary in their local jurisdictions. THE8
INCONSISTENCY AMONG LOCAL LAWS REGULATING LAWFUL FIREARM9
POSSESSION AND OWNERSHIP HAS AN EXTRATERRITORIAL IMPACT ON10
STATE CITIZENS AND THE GENERAL PUBLIC BY SUBJECTING THEM TO11
CRIMINAL AND CIVIL PENALTIES IN SOME JURISDICTIONS FOR CONDUCT12
WHOLLY LAWFUL IN OTHER JURISDICTIONS;13
(f) I NCONSISTENCY AMONG LOCAL GOVERNMENTS ' LAWS14
REGULATING THE POSSESSION AND OWNERSHIP OF FIREARMS RESULTS IN15
INDIVIDUALS BEING TREATED DIFFERENTLY UNDER THE LAW SOLELY ON16
THE BASIS OF WHERE THEY RESIDE, AND AN INDIVIDUAL'S RESIDENCE IN A17
PARTICULAR COUNTY OR CITY OR CITY AND COUNTY IS NOT A RATIONAL18
CLASSIFICATION WHEN IT IS THE BASIS FOR DENIAL OF EQUAL TREATMENT19
UNDER THE LAW;20
(g) THE INCONSISTENCY AMONG LOCAL LAW PLACES CITIZENS IN21
THE POSITION OF NOT KNOWING WHEN THEY MAY BE VIOLATING THE22
LOCAL LAWS AND THEREFORE BEING UNABLE TO AVOID VIOLATING THE23
LAW AND BECOMING SUBJECT TO CRIMINAL AND OTHER PENALTIES.24
(2) Based on the findings specified in subsection (1) of this25
section, the general assembly concludes that: the regulation of firearms26
is a matter of state and local concern.27
HB26-1021-18-
(a) T HE REGULATION OF FIREARMS IS A MATTER OF STATEWIDE1
CONCERN; AND2
(b) IT IS NECESSARY TO PROVIDE STATEWIDE LAWS CONCERNING3
THE POSSESSION AND OWNERSHIP OF A FIREARM TO ENSURE THAT4
LAW-ABIDING PERSONS ARE NOT UNFAIRLY PLACED IN THE POSITION OF5
UNKNOWINGLY COMMITTING CRIMES INVOLVING FIREARMS.6
SECTION 13. In Colorado Revised Statutes, amend 29-11.7-1037
as follows:8
29-11.7-103. Local regulations governing firearms permitted.9
(1) Unless otherwise expressly prohibited pursuant to state law,10
A local government may SHALL NOT enact an ordinance, regulation, or11
other law governing or prohibiting THAT PROHIBITS the sale, purchase,12
transfer, or possession of a firearm, ammunition, or firearm component13
or accessory that a person may lawfully sell, purchase, transfer, or possess14
under state or federal law. The local ordinance, regulation, or other law15
may not impose a requirement on the sale, purchase, transfer, or16
possession of a firearm, ammunition, or firearm component or accessory17
that is less restrictive than state law, and any less restrictive A N18
ordinance, regulation, or other law enacted by a local government before19
the effective date of this section, as amended in 2021 2026, THAT20
CONFLICTS WITH THIS SECTION is void and unenforceable. A local21
ordinance, regulation, or other law governing the sale, purchase, transfer,22
or possession of a firearm, ammunition, or firearm component or23
accessory may only impose a criminal penalty for a violation upon a24
person who knew or reasonably should have known that the person's25
conduct was prohibited.26
(2) Nothing in this section requires the Colorado bureau of27
HB26-1021-19-
investigation to consider anything other than state or federal law in its1
background approval process and determinations.2
(3) Nothing in this section authorizes a local government to3
restrict the manufacture or sale of items pursuant to a United States4
military or law enforcement procurement contract.5
SECTION 14. In Colorado Revised Statutes, add 24-36-125 as6
follows:7
24-36-125. Return of money from repealed firearms training8
and safety course cash fund - return of gifts, grants, and donations9
made for repealed voluntary waiver of the right to purchase a10
firearm program - repeal.11
(1) THE STATE TREASURER SHALL TRANSFER THE BALANCE OF THE12
FIREARMS TRAINING AND SAFETY COURSE CASH FUND CREATED IN SECTION13
33-9-115 (5)(b), AS IT EXISTED PRIOR TO ITS REPEAL IN 2026, AS FOLLOWS:14
(a) ON OR BEFORE DECEMBER 31, 2026, THE STATE TREASURER15
SHALL RETURN ANY FEES PAID INTO THE F UND TO THE INDIVIDUAL WHO16
PAID THE FEE. THE STATE TREASURER SHALL WORK WITH THE DIVISION OF17
PARKS AND WILDLIFE CREATED IN SECTION 33-9-104 TO IDENTIFY FEE18
PAYERS, AND THE DIVISION OF PARKS AND WILDLIFE SHALL ASSIST THE19
STATE TREASURER IN CARRYING OUT THIS SUBSECTION (1)(a).20
(b) O N JANUARY 15, 2027, THE STATE TREASURER SHALL21
TRANSFER THE REMAINING BALANCE OF THE FUND TO THE PARKS AND22
OUTDOOR RECREATION CASH FUND CREATED IN SECTION 33-10-111 (1), UP23
TO THE AMOUNT TRANSFERRED FROM THE PARKS AND OUTDOOR24
RECREATION CASH FUND TO THE FIREARMS TRAINING AND SAFETY COURSE25
CASH FUND PURSUANT TO SECTION 33-9-115 (5)(c), AS IT EXISTED PRIOR26
TO ITS REPEAL IN 2026.27
HB26-1021-20-
(c) IF THERE IS UNEXPENDED AND UNENCUMBERED MONEY IN THE1
FIREARMS TRAINING AND SAFETY COURSE CASH FUND AFTER THE2
TRANSFER MADE PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION , ON3
FEBRUARY 1, 2027, THE STATE TREASURER SHALL TRANSFER ALL4
UNEXPENDED AND UNENCUMBERED MONEY IN THE FIREARMS TRAINING5
AND SAFETY COURSE CASH FUND TO THE GENERAL FUND.6
(2) (a) ON OR BEFORE DECEMBER 31, 2026, THE STATE TREASURER7
SHALL RETURN TO EACH GRANTOR OR DONOR THE AMOUNT OF THE8
GRANTOR'S OR DONOR'S GIFTS, GRANTS, OR DONATIONS IN SUPPORT OF THE9
VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE A FIREARM PROGRAM10
CREATED IN SECTION 24-33.5-424.7, AS IT EXISTED PRIOR TO ITS REPEAL11
IN 2026. IF THE BALANCE OF THE GIFTS , GRANTS , AND DONATIONS IS12
INSUFFICIENT TO RETURN THE FULL AMOUNT OF EACH GIFT , GRANT, OR13
DONATION, THE STATE TREASURER SHALL RETURN TO EACH GRANTOR OR14
DONOR THE REMAINING BALANCE IN AN AMOUNT THAT IS PROPORTIONAL15
TO THE GRANTOR'S OR DONOR'S SHARE OF THE TOTAL AMOUNT OF GIFTS,16
GRANTS, OR DONATIONS . THE DEPARTMENT OF PUBLIC SAFETY SHALL17
ASSIST THE STATE TREASURER IN CARRYING OUT THIS SUBSECTION (2)(a).18
(b) I F ON FEBRUARY 1, 2027, AFTER RETURNING MONEY TO19
GRANTORS AND DONORS PURSUANT TO SUBSECTION (2)(a) OF THIS20
SECTION, THERE IS UNEXPENDED AND UNENCUMBERED MONEY REMAINING21
FROM THE BALANCE OF GIFTS, GRANTS, AND DONATIONS MADE IN SUPPORT22
OF THE VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE A FIREARM23
PROGRAM, THE STATE TREASURER SHALL TRANSFER ALL OF THE24
REMAINING UNEXPENDED AND UNENCUMBERED MONEY TO THE GENERAL25
FUND.26
(3) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2027.27
HB26-1021-21-
SECTION 15. In Colorado Revised Statutes, repeal 11-30-1271
as follows:2
11-30-127. Merchant code for firearms.3
A payment card network, as defined in section 6-27-201 (7), or a4
merchant acquirer, as defined in section 6-27-201 (5), shall comply with5
part 2 of article 27 of title 6.6
SECTION 16. In Colorado Revised Statutes, repeal 11-105-2117
as follows:8
11-105-211. Merchant code for firearms.9
A payment card network, as defined in section 6-27-201 (7), or a10
merchant acquirer, as defined in section 6-27-201 (5), shall comply with11
part 2 of article 27 of title 6.12
SECTION 17. In Colorado Revised Statutes, 13-14-105.5,13
amend (4)(c) and (9)(a) introductory portion; and repeal (8)(a) and (8)(c)14
as follows:15
13-14-105.5. Civil protection orders - prohibition on16
possessing or purchasing a firearm.17
(4) Relinquishment options. To satisfy the requirement in18
subsection (2) of this section, the respondent shall either:19
(c) Sell or otherwise transfer the firearm or ammunition to a20
private party who may legally possess the firearm or ammunition. except21
that a respondent who sells or transfers a firearm pursuant to this22
subsection (4)(c) shall satisfy all of the provisions of section 18-12-11223
concerning private firearms transfers, including but not limited to the24
performance of a criminal background check of the transferee.25
(8) Relinquishment to a private party.26
(a) If a respondent sells or otherwise transfers a firearm or27
HB26-1021-22-
ammunition to a private party who may legally possess the firearm or1
ammunition, as described in subsection (4)(c) of this section, the2
respondent shall acquire:3
(I) From the federally licensed firearms dealer, a written receipt4
and signed declaration memorializing the transfer, which receipt must be5
dated and signed by the respondent, the transferee, and the federally6
licensed firearms dealer; and7
(II) From the federally licensed firearms dealer who requests from8
the bureau a criminal background check of the transferee, as described in9
section 18-12-112, a written statement of the results of the criminal10
background check.11
(c) Notwithstanding section 18-12-112, if a private party elects to12
store a firearm for a respondent pursuant to this section, the private party13
shall not return the firearm to the respondent unless the private party14
acquires from the federally licensed firearms dealer who requests from15
the bureau a background check of the respondent, a written statement of16
the results of the background check authorizing the return of the firearm17
to the respondent.18
(9) Requirement to file signed declaration.19
(a) The respondent shall file a copy of the signed declaration20
issued pursuant to subsection (6) OR (7)(a)(III) or (8)(a)(I) of this section21
and, if applicable, the written statement of the results of a criminal22
background check performed on the respondent, as described in23
subsection (8)(a)(II) of this section, with the court as proof of the24
relinquishment at the same time the respondent files the signed affidavit25
pursuant to subsection (5)(b) of this section. The signed declaration and26
written statement filed pursuant to this subsection (9) are IS only available27
HB26-1021-23-
for inspection by the court and the parties to the proceeding. If a1
respondent fails to timely transfer or sell a firearm or file the signed2
declaration or written statement as described in this subsection (9):3
SECTION 18. In Colorado Revised Statutes, 18-6-801, amend4
(8)(d)(III), (8)(e)(III), and (8)(i)(I); and repeal (8)(h)(I) and (8)(h)(III) as5
follows:6
18-6-801. Domestic violence - sentencing.7
(8) (d) Relinquishment options. To satisfy the requirement in8
subsection (8)(b) of this section, the defendant shall either:9
(III) Sell or otherwise transfer the firearm or ammunition to a10
private party who may legally possess the firearm or ammunition. except11
that a defendant who sells or transfers a firearm pursuant to this12
subsection (8)(d)(III) shall satisfy all of the provisions of section13
18-12-112 concerning private firearms transfers, including but not limited14
to the performance of a criminal background check of the transferee.15
(e) Compliance hearing and affidavit.16
(III) If the defendant possessed a firearm at the time of the17
qualifying incident giving rise to the duty to relinquish the firearm18
pursuant to this section but transferred or sold the firearm to a private19
party prior to sentencing, the defendant shall disclose the sale or transfer20
of the firearm to the private party in the affidavit described in subsection21
(8)(e)(II) of this section. The defendant, within seven business days after22
sentencing, shall acquire a written receipt and signed declaration that23
complies with subsection (8)(h)(I)(A) of this section MEMORIALIZING THE24
SALE OR TRANSFER, and the defendant shall file the signed declaration at25
the same time the defendant files the affidavit pursuant to subsection26
(8)(e)(II) of this section.27
HB26-1021-24-
(h) Relinquishment to a private party.1
(I) If a defendant sells or otherwise transfers a firearm or2
ammunition to a private party who may legally possess the firearm or3
ammunition, as described in subsection (8)(d)(III) of this section, the4
defendant shall acquire:5
(A) From the federally licensed firearms dealer, a written receipt6
and signed declaration memorializing the transfer, which receipt must be7
dated and signed by the defendant, the transferee, and the federally8
licensed firearms dealer; and9
(B) From the federally licensed firearms dealer who requests from10
the bureau a criminal background check of the transferee, as described in11
section 18-12-112, a written statement of the results of the criminal12
background check.13
(III) Notwithstanding section 18-12-112, if a private party elects14
to store a firearm for a defendant pursuant to this subsection (8), the15
private party shall not return the firearm to the defendant unless the16
private party acquires from the federally licensed firearms dealer, who17
requests from the bureau a criminal background check of the defendant,18
a written statement of the results of the criminal background check19
authorizing the return of the firearm to the defendant.20
(i) Requirement to file signed declaration.21
(I) The defendant shall file a copy of the signed declaration issued22
pursuant to subsection (8)(f) OR (8)(g)(I)(C) or (8)(h)(I)(A) of this section23
and, if applicable, the written statement of the results of a criminal24
background check performed on the defendant, as described in subsection25
(8)(h)(I)(B) of this section, with the court as proof of the relinquishment26
at the same time the defendant files the signed affidavit pursuant to27
HB26-1021-25-
subsection (8)(e)(II) of this section. The signed declaration and written1
statement filed pursuant to this subsection (8)(i) are IS only available for2
inspection by the court and the parties to the proceeding. If a defendant3
fails to timely transfer or sell a firearm or file the signed declaration or4
written statement as described in this subsection (8)(i)(I):5
SECTION 19. In Colorado Revised Statutes, 18-6-803.5, amend6
(1)(c)(II) as follows:7
18-6-803.5. Crime of violation of a protection order - penalty8
- peace officers' duties - definitions.9
(1) A person commits the crime of violation of a protection order10
if, after the person has been personally served with a protection order that11
identifies the person as a restrained person or otherwise has acquired from12
the court or law enforcement personnel actual knowledge of the contents13
of a protection order that identifies the person as a restrained person, the14
person:15
(c) (II) Violates a mandatory protection order issued pursuant to16
section 18-1-1001, PRIOR TO THE REPEAL OF SECTION 18-1-1001 (9) IN17
2026, that includes terms required by section 18-1-1001 (9) by:18
(A) Possessing or attempting to purchase or receive a firearm or19
ammunition while the protection order is in effect; or20
(B) Failing to timely file a signed affidavit or written statement21
with the court as described in section 18-1-1001 (9)(i), PRIOR TO ITS22
REPEAL IN 2026, or 18-6-801 (8)(i).23
SECTION 20. In Colorado Revised Statutes, 18-12-105.6,24
amend (1)(a) and (2)(a) as follows:25
18-12-105.6. Limitation on local ordinances regarding26
firearms in private vehicles.27
HB26-1021-26-
(1) The general assembly hereby finds that:1
(a) A person carrying a weapon in a private automobile or other2
private means of conveyance for hunting or for lawful protection of such3
person's or another's person or property as permitted in sections4
18-12-105 (2)(b) and 18-12-105.5 (3)(c), may tend to travel within a5
county, city and county, or municipal jurisdiction or in or through6
different county, city and county, and municipal jurisdictions, en route to7
the person's destination;8
(2) (a) Based on the findings specified in subsection (1) of this9
section, the general assembly concludes that the carrying of weapons in10
private automobiles or other private means of conveyance for hunting or11
for lawful protection of a person's or another's person or property while12
traveling into, through, or within, a municipal, county, or city and county13
jurisdiction, regardless of the number of times the person stops in a14
jurisdiction, is a matter of statewide concern and except as described in15
section 18-12-114.5, is not an offense.16
SECTION 21. In Colorado Revised Statutes, amend 18-12-10717
as follows:18
18-12-107. Penalty for second offense.19
Any person who has within five years previously been convicted20
of a violation under section 18-12-103 18-12-105, or 18-12-106 shall,21
upon conviction for a second or subsequent offense under the same22
section, be guilty of a class 5 felony.23
SECTION 22. In Colorado Revised Statutes, 18-12-108, amend24
(7)(ggg); and repeal (7)(ss), (7)(aaa), (7)(iii), and (7)(jjj) as follows:25
18-12-108. Possession of weapons by previous offenders.26
(7) In addition to a conviction for felony crime as defined in27
HB26-1021-27-
section 24-4.1-302 (1), a felony conviction or adjudication for one of the1
following felonies prohibits a person from possessing, using, or carrying2
upon the person a firearm, as defined in section 18-1-901 (3)(h), or any3
other weapon that is subject to this article 12 pursuant to subsection (1)4
or (3) of this section:5
(ss) Unlawfully carrying a weapon in violation of section6
18-12-105.5;7
(aaa) Possessing a large-capacity magazine during the commission8
of a crime of violence in violation of section 18-12-302 (1)(c);9
(ggg) A special offender in violation of section 18-18-40710
(1)(d)(II); AND11
(iii) Unlawful conduct involving an unserialized firearm, frame,12
or receiver, as described in section 18-12-111.5; and13
(jjj) Unlawful manufacture, distribution, transfer, sale, or purchase14
of a specified semiautomatic firearm, as described in section 18-12-116.15
SECTION 23. In Colorado Revised Statutes, 18-12-111, repeal16
(3) and (4) as follows:17
18-12-111. Unlawful purchase of firearms - report to law18
enforcement - unlawful attempted purchase while subject to a19
voluntary waiver - penalties.20
(3) (a) If a firearms dealer who holds a state permit to deal21
firearms pursuant to section 18-12-401.5 reasonably believes, knows or22
should know, or becomes aware after a transfer, that a person, including23
an employee, purchased or attempted to purchase a firearm in violation24
of subsection (1) of this section, the dealer shall report that information25
to a law enforcement agency with jurisdiction over the dealer's place of26
business.27
HB26-1021-28-
(b) Failure to make the report required by this subsection (3)1
within forty-eight hours after the dealer becomes aware of an unlawful2
firearm purchase or attempted firearm purchase is a violation of state law3
concerning the sale of firearms and is subject to the penalties described4
in section 18-12-401.5 (7).5
(4) (a) A person who attempts to purchase a firearm while subject6
to a voluntary waiver of the right to purchase a firearm described in7
section 24-33.5-424.7 commits unlawful attempted firearm purchase8
while subject to a voluntary waiver. Unlawful attempted firearm purchase9
while subject to a voluntary waiver is a civil infraction and shall be10
punished by a fine of up to twenty-five dollars.11
(b) Section 18-2-101 does not apply to conduct that constitutes a12
civil infraction pursuant to this subsection (4).13
SECTION 24. In Colorado Revised Statutes, 18-12-113, amend14
(3); and repeal (5) as follows:15
18-12-113. Failure to report a lost or stolen firearm -16
exception.17
(3) This section does not apply to a licensed gun dealer, as defined18
in section 18-12-506 FEDERAL FIREARMS LICENSEE.19
(5) A person who reports a lost or stolen firearm pursuant to20
subsection (1) of this section is immune from criminal prosecution for an21
offense in this part 1 related to the storage of firearms and from22
prosecution for the civil infraction of unlawful storage of a firearm in a23
vehicle as described in section 18-12-114.5.24
SECTION 25. In Colorado Revised Statutes, 18-12-202.5,25
amend (3)(d) as follows:26
18-12-202.5. Concealed handgun training class - refresher27
HB26-1021-29-
class - rules.1
(3) A concealed handgun training class must include the following2
elements:3
(d) Instruction regarding federal and state laws pertaining to the4
lawful purchase, ownershi p, transportation, use, and possession of5
firearms, including instruction on extreme risk protection orders6
described in article 14.5 of title 13, requirements for reporting lost or7
stolen firearms described in section 18-12-113, secure firearms storage8
requirements described in section 18-12-114, and any other state law9
enacted within five years before the class that pertains to the purchase,10
ownership, transportation, use, and possession of firearms;11
SECTION 26. In Colorado Revised Statutes, 18-12-204, repeal12
(3)(b) as follows:13
18-12-204. Permit contents - validity - carrying requirements.14
(3) (b) The provisions of this subsection (3) shall not be construed15
to authorize the carrying of a handgun in violation of the provisions of16
section 18-12-105 or 18-12-105.5.17
SECTION 27. In Colorado Revised Statutes, 18-12-206, amend18
(3)(c) as follows:19
18-12-206. Sheriff - issuance or denial of permits - report.20
(3) (c) Except for suspected violations of sections 18-12-105 and21
18-12-105.5, A peace officer may not use or search a database of22
permittees maintained by a law enforcement agency to establish23
reasonable suspicion for a traffic stop, or when contacting an individual,24
to justify probable cause for a search or seizure of a person or a person's25
vehicle or property.26
SECTION 28. In Colorado Revised Statutes, amend 18-12-40327
HB26-1021-30-
as follows:1
18-12-403. Record - failure to make - penalty.2
Every individual, firm, or corporation who THAT fails to keep the3
record required pursuant to section 18-12-402 or section 18-12-111.54
(7)(b), or who THAT refuses to exhibit the record when requested by a5
police officer, and any purchaser, lessee, or exchanger of a pistol or6
revolver who, in connection with the making of such THE record, gives7
false information, commits a class 2 misdemeanor.8
SECTION 29. In Colorado Revised Statutes, 19-2.5-304, amend9
(2) introductory portion as follows:10
19-2.5-304. Limitations on detention.11
(2) A juvenile court shall not order a juvenile who is ten years of12
age OLD and older but less than thirteen years of age OLD to detention13
unless the juvenile has been arrested for a felony or weapons charge14
pursuant to section 18-12-102; 18-12-105, AS IT EXISTED PRIOR TO ITS15
REPEAL IN 2026; 18-12-106; or 18-12-108.5. A preadjudication service16
program created pursuant to section 19-2.5-606 shall evaluate a juvenile17
described in this subsection (2). The evaluation may result in the juvenile:18
SECTION 30. In Colorado Revised Statutes, 19-2.5-305, amend19
(3)(a)(V) introductory portion and (3)(a)(V)(C) as follows:20
19-2.5-305. Detention and shelter - hearing - time limits -21
findings - review - guardian ad litem appointed - confinement with22
adult offenders - restrictions.23
(3) (a) (V) A court shall not order further detention for a juvenile24
who is ten years of age OLD and older but less than thirteen years of age25
OLD unless the juvenile has been arrested or adjudicated for a felony or26
weapons charge pursuant to section 18-12-102; 18-12-105, AS IT EXISTED27
HB26-1021-31-
PRIOR TO ITS REPEAL IN 2026; 18-12-106; or 18-12-108.5. The court shall1
receive any information having probative value regardless of its2
admissibility under the rules of evidence. In determining whether a3
juvenile requires detention, the court shall consider the results of the4
detention screening instrument. There is a rebuttable presumption that a5
juvenile poses a substantial risk of serious harm to others if:6
(C) The juvenile is alleged to have committed possessing a7
dangerous or illegal weapon, as described in section 18-12-102;8
possession of a defaced firearm, as described in section 18-12-103;9
unlawfully carrying a concealed weapon, as described in section10
18-12-105, AS IT EXISTED PRIOR TO ITS REPEAL IN 2026; unlawfully11
carrying a concealed weapon on school, college, or university grounds,12
as described in section 18-12-105.5, AS IT EXISTED PRIOR TO ITS REPEAL13
IN 2026; prohibited use of weapons, as described in section 18-12-106;14
illegal discharge of a firearm, as described in section 18-12-107.5; or15
illegal possession of a handgun by a juvenile, as described in section16
18-12-108.5.17
SECTION 31. In Colorado Revised Statutes, 19-2.5-1123,18
amend (2) introductory portion as follows:19
19-2.5-1123. Sentencing - mandatory detention - weapons and20
crimes of violence.21
(2) A juvenile who is less than thirteen years of age OLD may not22
be sentenced to detention unless the juvenile has been adjudicated for a23
felony or weapons charge pursuant to section 18-12-102; 18-12-105, AS24
IT EXISTED PRIOR TO ITS REPEAL IN 2026; 18-12-106; or 18-12-108.5. As25
an alternative, the juvenile probation department may conduct a26
presentence investigation pursuant to section 19-2.5-1101. The27
HB26-1021-32-
investigation may result in the juvenile:1
SECTION 32. In Colorado Revised Statutes, 19-2.5-1511,2
amend (1)(c) as follows:3
19-2.5-1511. Juvenile detention services and facilities to be4
provided by department of human services - education - expenses -5
definition.6
(1) (c) The department of human services is not required to7
receive and provide care for any juvenile who is ten years of age OLD and8
older but less than thirteen years of age OLD, unless such juvenile has9
been arrested or adjudicated for a felony or weapons charge pursuant to10
section 18-12-102; 18-12-105, AS IT EXISTED PRIOR TO ITS REPEAL IN11
2026; 18-12-106; or 18-12-108.5.12
SECTION 33. In Colorado Revised Statutes, 24-33.5-424,13
amend (3)(b.3)(X); and repeal (3)(b)(III), (3)(b.3)(XII), and14
(3)(b.3)(XIII) as follows:15
24-33.5-424. National instant criminal background check16
system - state point of contact - fee - grounds for denial of firearm17
transfer - appeal - rule-making - unlawful acts - instant criminal18
background check cash fund - creation.19
(3) (b) (III) In addition to the grounds for denial specified in20
subsections (3)(a), (3)(b)(I), and (3)(b.3) of this section, the bureau shall21
deny a transfer of a firearm to a person who has voluntarily waived the22
right to purchase a firearm, as described in section 24-33.5-424.7, while23
the waiver is in effect.24
(b.3) In addition to the grounds for denial specified in subsections25
(3)(a) and (3)(b) of this section, the bureau shall deny a transfer of a26
firearm if the prospective transferee has been convicted of any of the27
HB26-1021-33-
following offenses committed on or after June 19, 2021, if the offense is1
classified as a misdemeanor, or if the prospective transferee has been2
convicted in another state or jurisdiction, including a military or federal3
jurisdiction, of an offense that, if committed in Colorado, would4
constitute any of the following offenses classified as a misdemeanor5
offense, within five years prior to the transfer:6
(X) Possession of an illegal weapon, as described in section7
18-12-102 (4); OR8
(XII) Unlawful conduct involving an unserialized firearm, frame,9
or receiver, as described in section 18-12-111.5; or10
(XIII) Unlawful manufacture, distribution, transfer, sale, or11
purchase of a specified semiautomatic firearm, as described in section12
18-12-116.13
SECTION 34. In Colorado Revi sed Statut es, 24- 103-907.5,14
repeal (3)(a)(I) as follows:15
24-103-907.5. State purchases of firearms and ammunition -16
contractor or bidder - rules - legislative intent - definitions.17
(3) (a) During a governmental body's contracting process, a18
governmental body's sourcing method process conducted pursuant to the19
code, as applicable, or upon request during the term of a contract with a20
governmental body relating to the procurement of firearms or items21
regulated pursuant to the "National Firearms Act", a firearms contractor22
or a firearms bidder shall, if applicable:23
(I) Comply with the requirements of section 18-12-401.5 (1) to24
engage in the business of dealing in firearms in the state, if applicable;25
SECTION 35. In Colorado Revised Statutes, 24-33.5-2706,26
repeal (5)(a)(I)(C) as follows:27
HB26-1021-34-
24-33.5-2706. Trauma-informed practices for school safety1
drills - work group - creation - purpose - membership - notice to2
revisor of statutes - definitions - repeal.3
(5) (a) (I) The work group consists of the following nonvoting4
members:5
(C) A representative from the office of gun violence prevention6
created in section 25-20.5-1202, appointed by the executive director of7
the department of public health and environment;8
SECTION 36. In Colorado Revised Statutes, 29-11.7-105,9
amend (4); and repeal (5) as follows:10
29-11.7-105. Firearm serial number check - procedure -11
processing fee - penalty.12
(4) If the federal government allows a federal firearms licensee to13
access the federal government's firearm tracing program to allow the14
federal firearms licensee to perform a firearm serial number check, the15
federal firearms licensee may perform the firearms serial number check16
themself. The federal firearms licensee is still subject to the reporting17
requirements described in subsection (5) of this section. This subsection18
(4) will take effect as soon as the technology and infrastructure for a19
federal firearms licensee to perform a firearm serial number search is20
available.21
(5) (a) If a firearms dealer who holds a state permit to deal22
firearms pursuant to section 18-12-401.5 reasonably believes, knows or23
should know, or becomes aware that a person sold or attempted to sell a24
firearm that is stolen, lost, or involved in an open criminal investigation,25
the dealer shall report that information to a law enforcement agency with26
jurisdiction over the dealer's place of business.27
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(b) Failure to make the report as required by this subsection (5)1
within forty-eight hours after the dealer reasonably believes, knows or2
should know, or becomes aware of the firearm being stolen, lost, or3
involved in an open criminal investigation is subject to the penalties4
described in section 18-12-401.5 (7).5
SECTION 37. In Colorado Revised Statutes, 39-37-103, amend6
(8) as follows:7
39-37-103. Definitions.8
As used in this article 37, unless the context otherwise requires:9
(8) "Firearms dealer" or "gun dealer" means any person who is a10
federally licensed firearms dealer as defined in section 18-12-101 (1)(g)11
or a licensed gun dealer as defined in section 18-12-506 (6), AS IT12
EXISTED PRIOR TO ITS REPEAL IN 2026.13
SECTION 38. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
HB26-1021-36-