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First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
SB205_H_SA.001 NOT AMENDED HOUSE COMMITTEE OF REFERENCE REPORT _______________________________ April 21, 2025 Chair of Committee Date Committee on State, Civic, Military, & Veterans Affairs After consideration on the merits, the Committee recommends the following:
25-0886.01 Owen Hatch x2698 SENATE BILL 25-205 SENATE SPONSORSHIP Hinrichsen, HOUSE SPONSORSHIP Espenoza and Lindstedt, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING A FIREARM SERIAL NUMBER CHECK , AND , IN CONNECTION THEREWITH , CREATING A STANDARDIZED PROCEDURE FOR A FEDERAL FIREARMS LICENSEE TO REQUEST A FIREARM SERIAL NUMBER CHECK AND IMPOSING A PENALTY UNDERCERTAINCIRCUMSTANCESIFALICENSEEDOESNOTFILE A REPORT WITH LAW ENFORCEMENT .
SB25-205 be referred to the Committee of the Whole with favorable recommendation.
Bill Summary (Note:
** *** ** *** **
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) g d e 5 The bill establishes a procedure allowing a federal firearms T R 2 A 2 7 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
d r 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.
e A licensee to request a firearm serial number check prior to purchasing a firearm from an individual and requires a local county sheriff's office to complete the serial number check within 72 hours after the request.
The bill imposes a penaltyon a licensee if a licensee fails to file a report with lawenforcementwhenthelicenseereasonablybelieves,knowsorshould know, or becomes aware that a person sold or attempted to sell a firearm that is stolen, lost, or involved in an open criminal investigation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add 29-11.7-105 as follows:
29-11.7-105.
Firearm serial number check - procedure - processing fee - penalty.
(1) (a) AEDERAL FIREARMS LICENSEE ,AS DESCRIBED IN SECTION 18-12-101, MAY REQUEST A FIREARM SERIAL NUMBER CHECK PRIOR TO PURCHASING A FIREARM FROM AN INDIVIDUAL .
F A FEDERAL FIREARMS LICENSEE'S PLACE OF BUSINESS IS LOCATED WITHIN INCORPORATED CITY LIMITS AND REQUESTS A FIREARM SERIAL NUMBER CHECK ,THE LICENSEE MUST REQUEST THE FIREARM SERIALNUMBER CHECK FROM THE POLICE DEPARTMENT WITHIN THE CITY LIMITS IN WHICH THE FEDERAL FIREARMS LICENSEES PLACE OF BUSINESS IS LOCATED .
F A FEDERAL FIREARMS LICENSEE'S PLACE OF BUSINESS IS LOCATED IN AN UNINCORPORATED PART OF A COUNTY AND REQUESTS A FIREARM SERIAL NUMBER CHECK ,THE LICENSEE MUST REQUEST THE FIREARMSERIALNUMBERCHECKFROMTHESHERIFF SDEPARTMENTOFTHE COUNTYINWHICHTHEFEDERALFIREARMSLICENSEE 'SPLACEOFBUSINESS IS LOCATED .
(b) UONREQUESTBYAFEDERALFIREARMSLICENSEE ,ASHERIFF'S OFFICE OR POLICE DEPARTMENT SHALL PERFORM THE FIREARM SERIAL NUMBER CHECK AND RESPOND WITH THE RESULT OF THE CHECK TO THE LICENSEE WITHIN SEVENTY -TWO HOURS AFTER THE REQUEST .
-2- 205 (c) T HE FIREARM SERIAL NUMBER CHECK MUST INCLUDE ,AT A MINIMUM ,INFORMATION REGARDING WHETHER THE GUN IS REPORTED STOLEN ,LOST,OR IS INVOLVED IN AN OPEN CRIMINAL INVESTIGATI.N (d) A SHERIF'SOFFICEORPOLICEDEPARTMENTSHALLESTABLISH A REASONABLE AND UNIFORM SYSTEM TO RECEIVE A FIREARM SERIAL NUMBER CHECK REQUEST AND PROVIDE A RESPONSE TO A REQUESTING LICENSEE.
(2) (a) ASHERIFFS OFFICE OR POLICE DEPARTMENT MAY CHARGE A FEE TO PERFORM THE FIREARM SERIAL NUMBER CHECK .
THE FEE AMOUNT MUST REFLECT THE ACTUAL AND INDIRECT COSTS TO THE SHERIFF'S OFFICE OR POLICE DEPARTMENT OF PERFORMING THE FIREARM SERIAL NUMBER CHECK .
(b) IF A SHERIFFS OFFICE OR POLICE DEPARTMENT DOES NOT PERFORMTHEFIREARMSERIALNUMBERCHECKANDPROVIDEARESPONSE TOTHE LICENSEE WITHINSEVENTY TWOHOURSAFTERTHEREQUEST ,THE SHERIFF'S OFFICE OR POLICE DEPARTMENT SHALL REFUN,OR SHALL NOT CHARGE ,THE LICENSEE FOR THE FIREARM SERIAL NUMBER CHECK.
(3) EACH SHERIFFS OFFICE OR POLICE DEPARTMENT SHALL BEGIN PROVIDING FIREARM SERIAL NUMBER CHECKS NO LATER THAN ULY 1, 2026.
(4) IF THE FEDERAL GOVERNMENT ALLOWS A FEDERAL FIREARMS LICENSEE TO ACCESS THE FEDERAL GOVERNMENT 'S FIREARM TRACING PROGRAM TO ALLOW THE FEDERAL FIREARMS LICENSEE TO PERFORM A FIREARMSERIALNUMBER CHECK ,THE FEDERALFIREARMSLICENSEE MAY PERFORMTHEFIREARMSSERIALNUMBERCHECKTHEMSELF .THEFEDERAL FIREARMS LICENSEE IS STILL SUBJECT TO THE REPORTING REQUIREMENTS DESCRIBEDINSUBSECTION (5)OFTHISSECTION.THISSUBSECTION (4)WILL -3- 205 TAKE EFFECT ASSOONASTHE TECHNOLOGYANDINFRASTRUCTURE FORA FEDERAL FIREARMS LICENSEE TO PERFORM A FIREARM SERIAL NUMBER SEARCH IS AVAILABLE.
(5)(a) IF A FIREARMS DEALER WHO HOLDS A STATE PERMIT TO DEAL FIREARMS PURSUANT TO SECTION 18-12-401.5 REASONABLY BELIEVES,KNOWSORSHOULDKNOW ,ORBECOMESAWARETHATAPERSON SOLD OR ATTEMPTED TO SELL A FIREARM THAT IS STOLEN ,LOST,OR INVOLVED IN AN OPEN CRIMINAL INVESTIGATION ,THE DEALER SHALL REPORT THAT INFORMATION TO A LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE DEALE'S PLACE OF BUSINE.S (b) FAILURE TO MAKE THE REPORT AS REQUIRED BY THIS SUBSECTION (5) WITHIN FORTY -EIGHT HOURS AFTER THE DEALER REASONABLY BELIEVES ,KNOWS OR SHOULD KNOW ,OR BECOMES AWARE OFTHEFIREARMBEINGSTOLEN ,LOST,ORINVOLVEDINANOPENCRIMINAL INVESTIGATION IS SUBJECT TO THE PENALTIES DESCRIBED IN SECTION 18-12-401.5(7).
SECTION2.
InColoradoRevisedStatutes,18-12-401.5,amend (7)(a) introductory portion as follows:
18-12-401.5.
Permit required - issuing agency - cash fund - inspections - penalty - report - rules - repeal.
(7) (a) Except as provided in subsection (8) of this section, if the department finds that a dealer failed to post the required notice or make a report concerning unlawful purchases in violation of section 18-12-111;
failed to make a record required pursuant to section 18-12-402;
transferred a firearm without a locking device or failed to post the required notice concerning locking devices, in violation of section 18-12-405;
failed to complywith any of the requirements of section 18-12-406;D TO COMPLY WITH -4- 205 ANY OF THE REQUIREMENTS OF SECTION 29-11.7-105 (5);
violated any otherprovisionofthisarticle12oranyotherstateorlocallawconcerning the sale of firearms;
or violated any federal law or rule concerning the sale of firearms or firearm components for which the penalty includes potential revocation of the person's federal firearms license, the department shall:
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-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition 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 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.
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