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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0556.02 Owen Hatch x2698 HOUSE BILL 26-1072
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
CONCERNING AN INDIVIDUAL'S RIGHT TO POSSESS A FIREARM TO THE101
EXTENT PERMITTED BY THE CONSTITUTION , AND , IN102
CONNECTION THEREWITH , ELIMINATING EXTREME RISK103
PROTECTION ORDERS.104
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 w ill be av ailable at
http://leg.colorado.gov.)
The bill codifies an individual's right to own, possess, and use a
firearm to the maximum extent permissible by the state and federal
constitutions.
HOUSE SPONSORSHIP
Slaugh,
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.
Extreme risk protection orders and temporary extreme risk
protection orders are repealed.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 18-12-100.5 as2
follows:3
18-12-100.5. Constitutional right to own, possess, and use a4
firearm.5
AN INDIVIDUAL HAS A RIGHT TO OWN, POSSESS, AND USE A FIREARM6
TO THE MAXIMUM EXTENT PERMISSIBLE BY THE STATE AND FEDERAL7
CONSTITUTIONS.8
SECTION 2. In Colorado Revised Statutes, repeal article 14.59
of title 13.10
SECTION 3. In Colorado Revised Statutes, repeal 16-3-301.5.11
SECTION 4. In Colorado Revised Statutes, 13-3-101, repeal (13)12
as follows:13
13-3-101. State court administrator - duties - report -14
definitions - repeal.15
(13) The state court administrator or the administrator's designee16
shall present at the judicial department's hearing pursuant to section17
2-7-203 statistics related to extreme risk protection orders in article 14.518
of this title 13. The statistics must include the number of petitions filed19
for temporary extreme risk protection orders, the number of petitions filed20
for extreme risk protection orders, the number of temporary extreme risk21
protection orders issued and denied, the number of extreme risk22
protection orders issued and denied, the number of temporary extreme23
risk protection orders terminated, the number of extreme risk protection24
orders terminated, and the number of extreme risk protection orders25
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renewed. The state court administrator or the administrator's designee1
shall also report state court data related to all persons who are subject to2
any temporary emergency risk protection order or emergency risk3
protection order and who, within thirty days after the issuance or4
execution of the protection order, are charged with a criminal offense.5
The report must include the nature of the criminal offense, including but6
not limited to any offense for violation of the emergency risk protection7
order and the disposition or status of that criminal offense.8
SECTION 5. In Colorado Revised Statutes, 13-40-104, amend9
(4)(a)(II) as follows:10
13-40-104. Unlawful detention defined - definitions - repeal.11
(4) (a) It is not an unlawful detention of real property as described12
in subsection (1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) of this section if the13
tenant or lessee is a victim-survivor of unlawful sexual behavior, stalking,14
domestic violence, or domestic abuse, which unlawful sexual behavior,15
stalking, domestic violence, or domestic abuse was the cause of,16
contributed to, or resulted in the alleged unlawful detention and which17
unlawful sexual behavior, stalking, domestic violence, or domestic abuse18
has been documented by at least one of the following:19
(II) A valid civil, criminal, or emergency protection order or20
restraining order issued pursuant to article 14 or article 14.5 of this title21
13 or section 18-1-1001;22
SECTION 6. In Colorado Revised Statutes, 18-12-116, amend23
(5)(a)(IV) as follows:24
18-12-116. Enforcement of large-capacity magazine ban by25
regulating the manufacture, distribution, transfer, sale, and purchase26
of specified semiautomatic firearms - penalties - definitions.27
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(5) (a) (IV) A basic or extended firearms safety course must1
satisfy the course requirements adopted by the division and include, but2
is not limited to including, instruction on safe handling of semiautomatic3
firearms and ammunition magazines, safe storage of firearms and child4
safety, firearm deaths associated with mental illness, extreme risk5
protection orders described in article 14.5 of title 13, and victim6
awareness and empathy.7
SECTION 7. In Colorado Revised Statutes, 18-12-202.5, amend8
(3)(d) as follows:9
18-12-202.5. Concealed handgun training class - refresher10
class - rules.11
(3) A concealed handgun training class must include the following12
elements:13
(d) Instruction regarding federal and state laws pertaining to the14
lawful purchase, ownership, transportation, use, and possession of15
firearms, including instruction on extreme risk protection orders16
described in article 14.5 of title 13, requirements for reporting lost or17
stolen firearms described in section 18-12-113, secure firearms storage18
requirements described in section 18-12-114, and any other state law19
enacted within five years before the class that pertains to the purchase,20
ownership, transportation, use, and possession of firearms;21
SECTION 8. In Colorado Revised Statutes, 18-12-203, amend22
(1) introductory portion and (1)(g) as follows:23
18-12-203. Criteria for obtaining a permit.24
(1) Beginning May 17, 2003, Except as set forth in this section,25
a sheriff shall issue a permit to carry a concealed handgun to an applicant26
who:27
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(g) Is not subject to:1
(I) A protection order issued pursuant to section 18-1-1001 or2
section 19-2.5-607 that is in effect at the time the application is3
submitted; or4
(II) A permanent protection order issued pursuant to article 14 of5
title 13; OR6
(III) A temporary protection order issued pursuant to article 14 of7
title 13 that is in effect at the time the application is submitted; or8
(IV) A temporary extreme risk protection order issued pursuant9
to section 13-14.5-103 (3) or an extreme risk protection order issued10
pursuant to section 13-14.5-105 (2);11
SECTION 9. In Colorado Revised Statutes, repeal 24-33.5-119.12
SECTION 10. In Colorado Revised Statutes, 24-33.5-539, repeal13
(3)(d) as follows:14
24-33.5-539. Automated protection order notification system15
- definitions.16
(3) The automated protection order notification system must17
include, but is not limited to, the following information, if available:18
(d) Whether an extreme risk protection order was issued against19
the restrained person pursuant to article 14.5 of title 13, and if so, the date20
the extreme risk protection order was served or was attempted to be21
served;22
SECTION 11. In Colorado Revised Statutes, 25-20.5-1203,23
repeal (1)(a) as follows:24
25-20.5-1203. Gun violence prevention awareness and25
education - violence intervention grant program - rules.26
(1) The office shall increase the awareness of, and educate the27
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general public about, state and federal laws and existing resources1
relating to gun violence prevention, including the following:2
(a) The availability of, and the process for requesting, an extreme3
risk protection order pursuant to article 14.5 of title 13;4
SECTION 12. In Colorado Revised Statutes, 25-20.5-1205,5
amend (3) as follows:6
25-20.5-1205. Federal grants - other funds - gifts, grants, and7
donations.8
(3) The office shall expend funds annually on a public education9
campaign regarding the availability of, and the process for requesting, an10
extreme risk protection order pursuant to article 14.5 of title 13 and as11
described in section 25-20.5-1203 (2)(a).12
SECTION 13. In Colorado Revised Statutes, 38-12-402, amend13
(2)(a.5)(I)(D) as follows:14
38-12-402. Protection for victim-survivors of unlawful sexual15
behavior, stalking, domestic violence, or domestic abuse.16
(2) (a.5) (I) For the purposes of subsection (2)(a) of this section,17
to provide evidence that the tenant is a victim-survivor of unlawful sexual18
behavior, stalking, domestic violence, or domestic abuse, a tenant may19
provide to the landlord at least one of the following:20
(D) A valid civil, criminal, or emergency protection order or21
restraining order issued pursuant to article 14 or article 14.5 of title 13 or22
section 18-1-1001.23
SECTION 14. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly (August26
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a27
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referendum petition is filed pursuant to section 1 (3) of article V of the1
state constitution against this act or an item, section, or part of this act2
within such period, then the act, item, section, or part will not take effect3
unless approved by the people at the general election to be held in4
November 2026 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
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