SB 25-003

Abstract

The act defines a "specified semiautomatic firearm" as a semiautomatic rifle or semiautomatic shotgun with a detachable magazine or a gas-operated semiautomatic handgun with a detachable magazine. The act excludes certain types of firearms and specified models of firearms from the definition of "specified semiautomatic firearm". The act prohibits knowingly manufacturing, distributing, transferring, selling, or purchasing a specified semiautomatic firearm on or after August 1, 2026; except that a person may transfer a specified semiautomatic firearm to an individual residing in another state or a federally licensed firearm dealer. The act exempts certain manufacture, transfers, sales, and purchases from the prohibition, including specified transactions involving law enforcement agencies and peace officers, the department of corrections, armored vehicle businesses, military forces, gunsmiths, educational programs, and historical societies and museums; transfers that occur by operation of law or because of the death of a person; and conduct involving firearms for use solely as a prop for a film. Additionally, the prohibition does not apply to the transfer or sale of a specified semiautomatic firearm to, and receipt or purchase of a specified semiautomatic firearm by, a person who: Completed a hunter education course certified by the division of parks and wildlife (division) and, within 5 years before making the purchase, completed a basic firearms safety course; Within 5 years before making the purchase, completed an extended firearms safety course; or Completed an extended firearms safety course more than 5 years before making the purchase and completed a basic firearms safety course within 5 years before making the purchase. Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is a class 2 misdemeanor; except that a second or subsequent offense is a class 6 felony. The department of revenue shall revoke the state firearms dealer permit of a dealer who unlawfully manufactures, distributes, transfers, sells, or purchases a specified semiautomatic firearm. The Colorado bureau of investigation shall deny the transfer of a firearm to a person who was convicted of misdemeanor unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm within 5 years prior to the transfer. A person convicted of felony unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is prohibited from possessing a firearm and certain other weapons. The act sets minimum requirements for the instruction included in, and length of, a basic firearms safety course and an extended firearms safety course. The act requires the division to establish the course requirements for a basic or extended firearms safety course. In order to enroll in a basic or extended firearms safety course, a person must hold a valid firearms safety course eligibility card (firearms course card) issued by a sheriff. The act sets the requirements to be issued a firearms course card, which includes completing a name-based background check, paying a processing fee set by the sheriff, and paying the firearms training and safety course record fee established by the division. A sheriff shall issue a firearms course card to an applicant; except that a sheriff shall deny an application if the applicant cannot lawfully possess a firearm under state or federal law or the sheriff cannot positively identify the applicant. A sheriff may deny an application for a firearms course card if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to themself or others if the applicant holds a card. A sheriff shall revoke an issued firearms course card if the cardholder cannot lawfully possess a firearm under state or federal law and may revoke an issued card if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to themself or others. The act sets forth the process for judicial review of the denial or revocation of a firearms course card. The act requires the division to develop and maintain a firearms training and safety course record system (system) that includes records of persons who hold a valid firearms course card and who have completed a hunter education course, a basic firearms safety course, or an extended firearms safety course. The system must allow: A sheriff to electronically enter information about each person who was issued a firearms course eligibility card; The instructor of a basic or extended firearms safety course to request and receive information about whether a person holds a valid firearms course card; The instructor of a hunter education course or a basic or extended firearms safety course to electronically enter into the system information about each student who completes a course; and A federal firearms licensee to electronically request and receive information about whether a person has completed the courses necessary to purchase a specified semiautomatic firearm. The act creates the firearms training and safety course cash fund, which consists of firearms training and safety course record fee remitted to the division by a sheriff and any other money that the general assembly may appropriate or transfer to the fund. Money in the fund is continuously appropriated to the division. The director of the division may report to the state treasurer an amount of money to transfer between the firearms training and safety course cash fund from the parks and outdoor recreation cash fund. Within 3 days after receiving a report, the state treasurer shall make the reported transfer. By June 30, 2030, the total amount of the transfers to the parks and outdoor recreation cash fund reported by the director of the division must be equal to the total amount transferred from the parks and outdoor recreation cash fund, plus fair market interest. On or before December 31 of each year, the division shall submit a report to the house of representatives and senate judiciary committees, or their successor committees, about the expenses incurred by the division to implement the act, and any additional resources the division needs to effectively implement the act. The act requires the division in the department of revenue responsible for issuing state firearms dealer permits to publish and make publicly available guidance about specific models of specified semiautomatic firearms to which the act applies. The act makes the unlawful sale, transfer, or possession of a large-capacity magazine a class 1 misdemeanor. Existing law prohibits possession of a dangerous weapon. The act defines "rapid-fire device" and classifies rapid-fire devices as dangerous weapons under Colorado law. The act repeals the definition of "machine gun conversion device" and removes machine gun conversion devices from the list of dangerous weapons. For the 2025-26 state fiscal year, the bill appropriates $100,000 to the office of the governor for use by the office of information technology from funds received from the department of natural resources from the firearms training and safety course cash fund. The general assembly appropriated money to the department of revenue to implement House Bill 24-1353, concerning requirements to engage in the business of dealing in firearms. The act further appropriates unspent money from that appropriation to the department of revenue for expenditure until the close of the 2025-26 state fiscal year. (Note: This summary applies to this bill as enacted.)