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HOUSE BILL 26-1265
BY REPRESENTATIVE(S) Rutinel and Clifford, Boesenecker, Brown,
Camacho, Froelich, Joseph, Lindsay, Nguyen, Woodrow;
also SENATOR(S) Wallace and Lindstedt, Amabile, Benavidez, Cutter,
Gonzales J., Jodeh, Kipp, Kolker, Sullivan, Weissman, Coleman.
CONCERNING A LAW ENFORCEMENT AGENCY'S USE OF THE UNITED STATES
BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES'
NATIONAL ELECTRONIC TRACING SYSTEM.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Effective law enforcement often depends on the timely exchange
of reliable information among agencies in different jurisdictions. This is
especially true in gun crime investigations, where firearms regularly move
across city and state lines before being recovered by police. Comprehensive
tracing data enables investigators to track firearm movement, identify
sources of illegal diversion, and respond to rising trafficking activity.
(b) Strengthening investigative tools available to law enforcement
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
by requiring agencies to utilize the United States bureau of alcohol, tobacco,
firearms, and explosives' electronic tracing system, participate in its
collective data-sharing features, and submit identifying information for
firearms recovered or confiscated in connection with criminal activity is
crucial as a means for law enforcement agencies to quickly share reliable
information;
( c) Standardizing the reporting and sharing of information about
firearms connected with criminal activity will improve real-time
collaboration among local, state, tribal, and federal partners, enabling
investigators to detect crime patterns, link related cases, and identify
trafficking networks and cross-jurisdictional offenders more efficiently; and
( d) Public safety is enhanced by supporting evidence-based policing,
improving coordination among law enforcement agencies, and ensuring that
investigators have access to critical tracing and intelligence data needed to
solve gun crimes and hold offenders accountable.
SECTION 2. In Colorado Revised Statutes, add 29-11.7-106 as
follows:
29-11.7-106. Law enforcement use of a national electronic
tracing system for recovered firearms -definitions.
( 1) (a) ON OR BEFORE SEPTEMBER 1, 2026, EACH LAW ENFORCEMENT
AGENCY IN THE STATE SHALL REGISTER FOR THE UNITED ST ATES BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES NATIONAL ELECTRONIC
TRACING SYSTEM AND SHALL OPT IN TO THE SYSTEM'S COLLECTIVE
DATA-SHARING FEATURE.
(b) THIS SECTION DOES NOT APPLY TO A LAW ENFORCEMENT AGENCY
THAT HAS A PREEXISTING RELATIONSHIP WITH ANOTHER LAW ENFORCEMENT
AGENCY THAT ALLOWS THE LAW ENFORCEMENT AGENCY TO SUBMIT A
FIREARM TO THE ELECTRONIC TRACING SYSTEM, INCLUDING THE SYSTEM'S
COLLECTIVE DATA-SHARING FEATURE, THE COLORADO STATE PATROL, OR
THE COLORADO BUREAU OF INVESTIGATION.
(2) (a) WHEN A LAW ENFORCEMENT AGENCY RECOVERS OR
CON FI SCA TES A FIREARM, THE AGENCY SHALL, AS SOON AS PRACTICABLE,
BUT NO LATER THAN NINETY DAYS AFTER THE AGENCY RECOVERS OR
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CONFISCATES THE FIREARM, TRANSMIT THE RELEVANT INFORMATION
REGARDING THE FIREARM TO THE NATIONAL TRACING CENTER'S ELECTRONIC
TRACING SYSTEM.
(b) A LAW ENFORCEMENT AGENCY THAT RECEIVES A VOLUNTARILY
RELINQUISHED FIREARM OR RECOVERS A FIREARM THAT THE AGENCY
DETERMINES IS NOT CONNECTED WITH A CRIMINAL INVESTIGATION OR
CRIMINAL ACTIVITY DOES NOT NEED TO TRANSMIT THE RELEVANT
INFORMATION REGARDING THE FIREARM TO THE ELECTRONIC TRACING
SYSTEM.
(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "LAW ENFORCEMENT AGENCY" MEANS A LAW ENFORCEMENT
ENTITY HA YING ORIGINAL JURISDICTION OVER A FIREARMS-RELATED CRIME
INVESTIGATION, INCLUDING:
32.
(I) A MUNICIPAL POLICE DEPARTMENT;
(II) A SHERIFF'S OFFICE OF A COUNTY OR CITY AND COUNTY;
(III) A CAMPUS POLICE DEPARTMENT;
(IV) A TOWN MARSHAL'S OFFICE; AND
(V) A POLICE OFFICER EMPLOYED PURSUANT TO ARTICLE 9 OF TITLE
(b) "RECOVER OR CONFISCATE" MEANS:
(I) A LAW ENFORCEMENT AGENCY OBTAINING AN ITEM FROM A
CRIME SCENE OR AN ITEM IN CONNECTION WITH A CRIMINAL INVESTIGATION;
(II) A LAW ENFORCEMENT AGENCY SEIZING, OR A PERSON
FORFEITING TO A LAW ENFORCEMENT AGENCY, AN ITEM IN CONNECTION
WITH A CRIMINAL PROCEEDING, INVESTIGATION, OR CONVICTION;
(III) A LAW ENFORCEMENT AGENCY SEIZING, OR A PERSON
FORFEITING TO A LAW ENFORCEMENT AGENCY, AN ITEM IN CONNECTION
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WITH A CRIME THAT HAS AN UNDERLYING FACTUAL BASIS OF DOMESTIC
VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1);
(IV) A LAW ENFORCEMENT AGENCY ACQUIRING AN ABANDONED OR
DISCARDED FIREARM; OR
(V) A LAW ENFORCEMENT AGENCY OTHERWISE OBTAINING AN ITEM
BELIEVED TO BE CONNECTED WITH A CRIME.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 4-H OUSE BILL 26-1265
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
~ Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED a\'\ YY\oviJ~1 SL¼.t. ic-+ UJ21.d a4- l l: DOOVh
(Date and Time)
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