Struck = removed from the bill ยท
added = the amendment's new text.
FirstSB034_H_APP.001 RegularNOT SessionAMENDED Seventy-fifthHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionMay Includes3, All2025 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theAppropriations. House of Introduction LLS NO.
25-0082.02After Conradconsideration Imelon x2313the SENATEmerits, BILLthe 25-034Committee SENATErecommends SPONSORSHIPthe Kipp,following: HOUSE SPONSORSHIP Boesenecker, Senate Committees House Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT C ONCERNING VOLUNTARILY WAIVING THE RIGHT TO PURCHASE A FIREARM .
BillSB25-034 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation.
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.) Thebillestablishesaprocessforapersontovoluntarilywaivethe right to purchase a firearm (voluntary waiver).
The Colorado bureau of investigation(bureau)shalldenyafirearmtransfertothepersonwhilethe voluntary waiver is in effect.
The bureau shall develop an online portal g for a person to electronically file for a voluntary waiver, update contact d information, and revoke a voluntary waiver.
The bureau is required to e 2 T R 2 A 2 5 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d i 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 A verify the filer's identity before accepting a voluntary waiver or revocation.
Thebureau shall enter a voluntarywaiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms.
Apersonmayrevokethevoluntarywaiverbyfilingforrevocation withthebureau.Thewaiverremainsineffectfor30daysafterthebureau accepts the revocation.
Thepersonfilingthevoluntarywaiverformmayprovidethename and contact information of a person who will be contacted if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the filer revokes the voluntary waiver.
The bill prohibits attempting to purchase a firearm while subject to a voluntarywaiver.
Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
Short title.
The short title of this act is the "Colorado Voluntary Do-Not-Sell Act".
SECTION2.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
(a) There were 27,032 firearmsuicide deaths in the United States in 2022;
(b) In 2023, Colorado had among the highest suicide rates in the United States.
The state was ranked eighth overall for suicide deaths and thirteenth for suicide deaths by firearm.
(c) By far the largest number of firearm deaths in Colorado in 2023weresuicides:717Coloradansdiedbyself-inflictedgunshotwound, whichaccountedfor70percentof allfirearmdeaths.Firearmswereused in 56 percent of all suicides in the state.
(d) Buyingafirearmisassociatedwithanincreasedriskofsuicide because, as one study found, the suicide rate among recent firearm -2- 034 purchasers was 57 times the overall rate;
(e) Many suicide attempts are impulsive.
One study of survivors offirearmsuicideattemptsfoundthatamajorityhadsuicidalthoughtsfor less than a day.
(f) Research shows that delaying access to firearms significantly reduces gun suicide, without increasing non-gun suicide;
(g) With firearms, there are very few second chances because approximately 85 percent of gun suicide attempts result in death;
(h) Survivingonesuicideattemptusuallymakesallthedifference.
Only around 10 percent of serious suicide attempt survivors eventually diebysuicide.Mostpeopletakeadvantageoftheirsecondchance,which they will rarely get if they use a firearm.
(i) By delaying access to firearms for those who chose to voluntarily participate on a do-not-sell list, it is reasonable to expect a reduction in overall suicide risk.
SECTION 3.
In Colorado Revised Statutes, add 24-33.5-424.5 as follows:
24-33.5-424.5.
Voluntary waiver of the right to purchase a firearm- revocation of waiver - rules - notice to revisor - definitions.
(1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "CONTACT PERSON "MEANS THE PERSON DESIGNATED AS A CONTACT PURSUANT TO SUBSECTION (3)(bOF THIS SECTION BY THE PERSON VOLUNTARILY WAIVING THE RIGHT TO PURCHASE A FIREARM.
(b) "VOLUNTARY WAIVER " MEANS A VOLUNTARY WAIVER OFTHE RIGHT TO PURCHASE A FIREARM AS DESCRIBED IN THIS SECTI.N (2) (a) A PERSON MAY VOLUNTARILY WAIVE THE RIGHT TO -3- 034 PURCHASE A FIREARM .
URSUANT TO SECTION 24-33.5-424 (3)(b)(III), WHILETHEWAIVERISINEFFECT ,THEBUREAUSHALLDENYTHETRANSFER OF A FIREARM TO A PERSON WHO VOLUNTARILY WAIVED THE RIGHT TO PURCHASE A FIREARM.
(b) TEBUREAUSHALLDEVELOPANONLINEPORTALFORAPERSON TO ELECTRONICALLY FILE FOR A VOLUNTARY WAIVE,UPDATE CONTACT INFORMATION ,AND REVOKE A VOLUNTARY WAIVER .
(3) (a) TO VOLUNTARILY WAIVE THE RIGHT TO PURCHASE A FIREARM APERSONMUST FILE AVOLUNTARYWAIVERWITHTHEBUREAU .
THE BUREAU SHALLVERIFY THE PERSON'S IDENTITYPRIORTOACCEPTING THE VOLUNTARY WAIVER .
(b) APERSONWHOVOLUNTARILYWAIVESTHERIGHTTOPURCHASE A FIREARM MAY DESIGNATE ONE OR MORE CONTACT PERSONS WHO WILL BECONTACTED ,PURSUANTTOTHISSECTION ,IFTHEPERSONATTEMPTSTO PURCHASE A FIREARM WHILE THE VOLUNTARY WAIVER IS IN EFFECT OR IF THE PERSON REVOKES THE VOLUNTARY WAIVER .
(c) THE BUREAU SHALL IMMEDIATELY NOTIFY THE PERSON WHO FILED THE VOLUNTARY WAIVER AND EACH CONTACT PERSON WHEN THE BUREAU ACCEPTS THE FILE'S VOLUNTARY WAIVER .
(d) NO LATER THAN TWENTY -FOUR HOURS AFTER ACCEPTING A VOLUNTARYWAIVER ,THEBUREAUSHALLENTERTHEVOLUNTARYWAIVER INTOTHENATIONALINSTANTCRIMINALBACKGROUNDCHECKSYSTEMAND ANYOTHERFEDERALORSTATECOMPUTER -BASEDSYSTEMSUSEDBYLAW ENFORCEMENT AGENCIES OR OTHERS TO IDENTIFY PROHIBITED PURCHASERS OF FIREARMS.
(e) AVOLUNTARY WAIVER IS CONFIDENTIAL.THE BUREAU SHALL NOTDISCLOSERECORDSOFAVOLUNTARYWAIVER ,EXCEPTASEXPRESSLY -4- 034 PERMITTED IN THIS SECTION OR AS ORDERED BY A CO.RT (4) IF THE BUREAU DENIES THE TRANSFER OF A FIREARM TO A PERSON BECAUSE THE PERSON VOLUNTARILY WAIVED THE RIGHT TO PURCHASEAFIREARM THEBUREAUSHALLNOTIFYEACHCONTACTPERSON OF THE ATTEMPTED TRANSFER NO LATER THAN TWENTY FOUR HOURS AFTER THE BUREAU DENIES THE TRANSFE.
(5) (a) T REVOKE A VOLUNTARY WAIVER ,A PERSON MUST FILE FOR REVOCATION WITH THE BUREAU .
THE BUREAU SHALL VERIFY THE PERSON S IDENTITY PRIOR TO ACCEPTING THE REVOCATI.THE WAIVER REMAINS IN EFFECT FOR THIRTY DAYS AFTER THE BUREAU ACCEPTS THE REVOCATION .
(b) THE BUREAU SHALL NOTIFY EACH CONTACT PERSON OF THE REVOCATION NO LATER THAN TWENTY -FOUR HOURS AFTER THE BUREAU RECEIVES THE REVOCATION REQUEST.
(c) THIRTY DAYS AFTER THE BUREAU ACCEPTS THE REVOCATIO, ANDUNLESSTHEPERSONISOTHERWISEINELIGIBLETOPOSSESSAFIREARM PURSUANT TO STATE OR FEDERAL LAW,THE BUREAU SHALL REMOVE THE PERSON S INFORMATION FROM THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM AND ANY OTHER FEDERAL OR STATE COMPUTER -BASED SYSTEMS IN WHICH THE PERSON WAS ENTERED AND THATAREUSEDBYLAWENFORCEMENTAGENCIESOROTHERSTOIDENTIFY PROHIBITEDPURCHASERSOFFIREARMS ANDTHEBUREAUSHALLDESTROY ALL RECORDS OF THE VOLUNTARY WAIVER .
(6) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY ADOPT RULES AS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTI.N (7) (a) T DEPARTMENT MAYSEEK ,ACCEPT,AND EXPEND GIFTS, GRANTS ,OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO DEVELOP -5- 034 AND MAINTAIN THE ONLINE PORTAL DESCRIBED IN SUBSECTION(2)(b)OF THIS SECTION.
THE DEPARTMENT SHALL NOT IMPLEMENT THIS SECTION UNTILITRECEIVESTWOHUNDREDTHOUSANDDOLLARSOFGIFTS ,GRANTS , AND DONATIONS FOR THE ONLINE PORTAL .
(b) N OTWITHSTANDING SECTION 24-75-1305, FOR STATE FISCAL YEAR 2026-27 AND ANY SUBSEQUENT FISCAL YEAR , THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERALFUND FOR THE ONLINE PORTAL .
(8) SUBSECTIONS (1)TO(6)OFTHISSECTION WILLTAKE EFFECT IF THEDEPARTMENTRECEIVESTWOHUNDREDTHOUSANDDOLLARSOFGIFTS , GRANTS ,ORDONATIONSTODEVELOPANDMAINTAIN THE ONLINE PORTAL DESCRIBED IN SUBSECTION (2)(b)OF THIS SECTION.
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL NOTIFY THE REVISOROFSTATUTESINWRITINGOFTHEDATEONWHICHTHECONDITION SPECIFIED IN THIS SUBSECTION(8) HAS OCCURRED BY EMAILING THE NOTICETOREVISOROFSTATUTES .GA@ COLEG GOV .SUBSECTIONS(1)TO (6) OF THIS SECTION TAKE EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE DEPARTMENT HAS RECEIVED TWO HUNDRED THOUSAND DOLLARS OF GIFTS,GRANTS ,OR DONATIONS FOR THE ONLINE PORTAL OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE,UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES.
SECTION 4.
In Colorado Revised Statutes, 18-12-111, amend as it will become effective July 1, 2025, (3)(a);
and add (4) as follows:
18-12-111.
Unlawful purchase of firearms - report to law enforcement - unlawful attempted purchase while subject to a voluntary waiver - penalties.
(3) (a) If a firearms dealer who holds a state permit to deal firearms pursuant to section 18-12-401.5 reasonably -6- 034 believes, knows or should know, or becomes aware after a transfer, that a person, including an employee, purchased or attempted to purchase a firearm in violation ofSECTION (1)OF this section, the dealer shall reportthatinformationtoalawenforcementagencywithjurisdictionover the dealer's place of business.
(4) (a) AERSON WHO ATTEMPTS TO PURCHASE AFIREARMWHILE SUBJECTTOAVOLUNTARYWAIVEROFTHERIGHTTOPURCHASEAFIREARM DESCRIBED IN SECTION24-33.5-424.5COMMITS UNLAWFUL ATTEMPTED FIREARM PURCHASE WHILE SUBJECT TO A VOLUNTARY WAIVER .
UNLAWFUL ATTEMPTED FIREARM PURCHASE WHILE SUBJECT TO A VOLUNTARY WAIVER IS A CIVIL INFRACTION AND SHALL BE PUNISHED BY A FINE OF UP TO TWENT-FIVE DOLLARS .
(b) SECTION 18-2-101 DOES NOT APPLY TO CONDUCT THAT CONSTITUTES A CIVIL INFRACTION PURSUANT TO THIS SUBSECTION(4).
SECTION 5.
In Colorado Revised Statutes, 24-33.5-424, add (3)(b)(III) as follows:
24-33.5-424.
National instant criminal background check system - state point of contact - fee - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - instant criminal background check cash fund - creation.
(3) (b) (III) IDITION TO THE GROUNDS FOR DENIAL SPECIFIED IN SUBSECTIONS (3)(a), (3)(b)(I), AND (3)(b.3OF THIS SECTION,THE BUREAU SHALL DENY A TRANSFER OF A FIREARM TO A PERSON WHO HAS VOLUNTARILY WAIVED THE RIGHT TO PURCHASE A FIREARM ,AS DESCRIBED IN SECTION 24-33.5-424.5,WHILE THE WAIVER IS IN EFFEC.
SECTION6.
Actsubjecttopetition-effectivedate.(1) Except as provided in subsection (2) of this section, this effect at 12:01 -7- 034 a.m.
on the day following the expiration of the ninety-day period after final adjournment of the general assembly;
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 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.
(2) Sections24-33.5-424.5(1),(2),(3),(4),(5),and(6),Colorado Revised Statutes, as enacted in section 3 of this act;
section 18-12-111 (4), Colorado Revised Statutes, as enacted in section 4 of this act;
and section5of this act shall onlytake effect upon receiptof thenoticetothe Revisor of Statutes required by section 24-33.5-424.5 (8), Colorado Revised Statutes, as enacted in section 3 of this act.
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