A Bill for an Act
Page 1, Line 101Concerning creating state procurement policies for state
Page 1, Line 102agencies in the treatment of certain items related to
Page 1, Line 103weapons.
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 will be available at http://leg.colorado.gov.)
The bill creates procurement practices for firearms, ammunition, and firearms accessories by the state. The bill applies to all bids the state solicits, enters into, awards, amends, renews, or extends on and after January 1, 2026, for procuring firearms, ammunition, or firearms accessories from a contractor or bidder. During a governmental body's contract solicitation process, request for proposal process, or request during the term of a contract, a contractor or bidder shall follow a procurement verification process (verification process) to confirm that the contractor or bidder engages in safe business practices.
The attorney general shall assist the department of personnel in developing processes and procedures to implement the verification process.
Each law enforcement agency shall destroy and dispose of:
- Service firearms that are retired, damaged, or declared surplus by the applicable law enforcement agency;
- Firearms purchased in a law enforcement agency buyback program;
- Firearms that are voluntarily surrendered to the law enforcement agency for destruction; and
- Any other firearms in the possession of the law enforcement agency that are not in use or subject to an investigation or criminal case.
- Identify and make a record of firearms that are required to be destroyed;
- Identify and make a record of firearms that are not required to be destroyed;
- Maintain the records of firearms to be destroyed; and
- Destroy and dispose of the firearms.
If a peace officer receives one of these firearms, the peace officer shall give the firearm to the peace officer's employing law enforcement agency. The law enforcement agency may work with an organization or state agency it contracts with to destroy and dispose of the firearm.
The bill requires each law enforcement agency in the state, on or before September 5, 2025, to develop and maintain a policy on the destruction of firearms. The policy must include a process to:
Upon the written order of a court or the district attorney that the retention of a firearm is necessary or proper in the pursuit of justice, the peace officer and the peace officer's employing law enforcement agency shall not destroy and dispose of the firearm. If the firearm is evidence in a criminal case, the firearm must be retained.
A law enforcement agency shall not destroy and dispose of a stolen firearm. Within 90 days after a recovered firearm is reported or identified as stolen, a peace officer shall restore the firearm to the lawful owner upon evidence of the lawful owner's identification of the firearm and proof of ownership. If the lawful owner's identity and address is reasonably ascertained and the lawful owner is given reasonable notice by certified mail that the firearm was recovered but the lawful owner does not respond within 60 days after the reasonable notice is given, the law enforcement agency may destroy and dispose of the firearm.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 24-103-906, amend (1)(a) as follows:
Page 3, Line 324-103-906. Bid preference - state contracts. (1) (a) Except as
Page 3, Line 4provided in subsection (1)(b) of this section and in
section 24-103-907Page 3, Line 5sections 24-103-907 and 24-103-907.5, when a contract for
Page 3, Line 6commodities or services is to be awarded to a bidder, a resident bidder
Page 3, Line 7
shall bePage 3, Line 8preference given or required by the state in which the nonresident bidder is a resident.
Page 3, Line 9SECTION 2. In Colorado Revised Statutes, add 24-103-907.5 as follows:
Page 3, Line 1024-103-907.5. State purchases of firearms and ammunition -
Page 3, Line 11contractor or bidder - rules - legislative intent - definitions.(1) (a) The general assembly intends that:
Page 3, Line 12(I) This section is created for the development of
Page 3, Line 13procurement practices by the state for firearms and items regulated pursuant to the "National Firearms Act"; and
Page 3, Line 14(II) This section applies to all bids the state sources,
Page 3, Line 15enters into, awards, amends, renews, or extends on or after
Page 3, Line 16January 1, 2026, conducted pursuant to the code, as applicable,
Page 3, Line 17for procuring firearms or items regulated pursuant to the "National Firearms Act".
Page 3, Line 18(b) The general assembly therefore finds that a
Page 3, Line 19contractor, bidder, or governmental body shall comply with
Page 3, Line 20this section during a contract sourcing method process
Page 4, Line 1conducted pursuant to the code, as applicable, involving
Page 4, Line 2firearms and items regulated pursuant to the "National Firearms Act" and throughout the term of the contract.
Page 4, Line 3(2) As used in this section, unless the context otherwise requires:
Page 4, Line 5(a) "Federal firearms license" has the same meaning as set forth in section 18-12-401.
Page 4, Line 6(b) "Federal firearms licensee" or "licensee" has the same meaning as set forth in section 18-12-101 (1)(b.6).
Page 4, Line 7(c) "Federally licensed firearm dealer" has the same meaning as set forth in section 18-12-101.
Page 4, Line 8(d) "Firearm" has the same meaning as set forth in section 18-12-101 (1)(b.7).
Page 4, Line 10(e) "Firearms bidder" or "bidder" means a bidder who
Page 4, Line 11submits a bid in response to an invitation for bids from a
Page 4, Line 12governmental body for the sale of firearms or items regulated
Page 4, Line 13pursuant to the "National Firearms Act" pursuant to this section.
Page 4, Line 14(f) "Firearms contractor" or "contractor" means a
Page 4, Line 15contractor who enters into a contract or agreement with a
Page 4, Line 16governmental body for the sale of firearms or items regulated
Page 4, Line 17pursuant to the "National Firearms Act" to the governmental body pursuant to this section.
Page 4, Line 18(g) "National Firearms Act" means the federal "National
Page 4, Line 19Firearms Act", 26 U.S.C. sec. 5801 et seq.
Page 5, Line 1(3) (a) During a governmental body's contracting process,
Page 5, Line 2a governmental body's sourcing method process conducted
Page 5, Line 3pursuant to the code, as applicable, or upon request during
Page 5, Line 4the term of a contract with a governmental body relating to
Page 5, Line 5the procurement of firearms or items regulated pursuant to the
Page 5, Line 6"National Firearms Act", a firearms contractor or a firearms bidder shall, if applicable:
Page 5, Line 7(I) Comply with the requirements of section 18-12-401.5 (1)
Page 5, Line 8to engage in the business of dealing in firearms in the state, if applicable;
Page 5, Line 9(II) Provide to the governmental body proof and copies of
Page 5, Line 10all required licenses, including a federal firearms license, permits, and certificates;
Page 5, Line 11(III) Provide, if the contractor or bidder is a federally
Page 5, Line 12licensed firearms dealer, to the governmental body any
Page 5, Line 13materials that are not confidential documenting any United
Page 5, Line 14States bureau of alcohol, tobacco, firearms, and explosives
Page 5, Line 15trace requests the contractor or bidder received each year for
Page 5, Line 16the past three calendar years before the date of the contract
Page 5, Line 17or bid, the number of trace requests in the calendar years
Page 5, Line 18before the year of the contract or bid, if applicable, and the
Page 5, Line 19time between the sale of the firearm subject to the trace
Page 5, Line 20request and the crime that generated the trace request. If the
Page 5, Line 21materials described in this subsection (3)(a)(III) are not
Page 5, Line 22available because the contractor or bidder does not maintain
Page 5, Line 23the materials, the contractor or bidder shall submit a
Page 5, Line 24statement confirming the materials are not available because
Page 6, Line 1the contractor or bidder does not keep or maintain the materials.
Page 6, Line 2(IV) Provide to the governmental body materials
Page 6, Line 3documenting any theft or loss of firearms or items regulated
Page 6, Line 4pursuant to the "National Firearms Act" from the premises of
Page 6, Line 5the contractor or bidder within the past three calendar years
Page 6, Line 6before the date of the contract or bid to evaluate potential security concerns;
Page 6, Line 7(V) Provide to the governmental body a true copy of the
Page 6, Line 8most recent inspection report of any firearm inspection
Page 6, Line 9conducted by a state or local agency, including any additional
Page 6, Line 10materials documenting administrative actions taken by the state or local agency, if applicable;
Page 6, Line 11(VI) Disclose to the governmental body any violations
Page 6, Line 12discovered from an inspection conducted by a federal agency
Page 6, Line 13during the last two firearm inspections, if applicable, and
Page 6, Line 14provide materials documenting the contractor's or bidder's
Page 6, Line 15corrective actions taken in response to a finding of
Page 6, Line 16noncompliance or a violation of a federal firearm law, regulation, or requirement;
Page 6, Line 17(VII) Provide to the governmental body in writing any
Page 6, Line 18practices or policies adopted by the contractor or bidder,
Page 6, Line 19including any subsequent amendments made to the practices or
Page 6, Line 20policies during the sourcing method process conducted pursuant to the code, as applicable, and contract term, to:
Page 6, Line 21(A) Prevent, detect, and screen for the transfer of
Page 6, Line 22firearms to straw purchasers or firearm traffickers;
Page 7, Line 1(B) Prevent, detect, and screen against sales of firearms
Page 7, Line 2or items regulated pursuant to the "National Firearms Act" to
Page 7, Line 3individuals prohibited from possessing a firearm by federal, state, or local law, or court order;
Page 7, Line 4(C) Prevent, detect, and document the theft or loss of
Page 7, Line 5firearms or items regulated pursuant to the "National Firearms Act";
Page 7, Line 6(D) Train employees to ensure compliance with all
Page 7, Line 7applicable federal, state, and local firearms laws and regulations; and
Page 7, Line 8(E) Assist law enforcement agencies in the investigation
Page 7, Line 9and prevention of criminal access to firearms or items regulated pursuant to the "National Firearms Act"; and
Page 7, Line 11(VIII) Comply with all applicable federal, state, or local laws.
Page 7, Line 12(b) The contractor or bidder shall affirm at the time of
Page 7, Line 13the bid that the contractor or bidder shall not sell
Page 7, Line 14unserialized gun build kits, unserialized firearms, unserialized
Page 7, Line 15unfinished frames, or unfinished receivers through the duration
Page 7, Line 16of the contract. The contractor or bidder shall provide
Page 7, Line 17documentation to prove compliance with applicable federal,
Page 7, Line 18state, or local laws related to unserialized firearms, unserialized unfinished frames, or unfinished receivers.
Page 7, Line 19(c) The contractor or bidder shall submit to the
Page 7, Line 20department a certification statement, signed and affirmed
Page 7, Line 21under penalty of perjury, as defined in section 18-8-503, stating
Page 8, Line 1that the materials provided in subsection (3)(a) of this section are true and complete.
Page 8, Line 2(4) (a) The attorney general may assist the department in
Page 8, Line 3developing processes and procedures to implement this section,
Page 8, Line 4including a process to administer and assess a contractor's or
Page 8, Line 5bidder's compliance with the requirements of this section. The process may include, but need not be limited to:
Page 8, Line 6(I) Developing a prequalification process to prequalify
Page 8, Line 7potential contractors or bidders as set forth in section 24-103-402;
Page 8, Line 8(II) Developing a scoring system to evaluate a potential
Page 8, Line 9contractor's or bidder's record of safe business practices that is used in awarding contracts or purchases; and
Page 8, Line 10(III) Terminating contracts with contractors or bidders
Page 8, Line 11found to be noncompliant with the terms of this section during
Page 8, Line 12the term of the contract as set forth in section 24-106-101 (3)(c) and (3)(d).
Page 8, Line 13(b) The department shall reject a bid or proposal for a
Page 8, Line 14contract or sale of firearms or items regulated pursuant to the "National Firearms Act" if:
Page 8, Line 15(I) A contractor or bidder has not submitted the required documentation set forth in subsection (3)(a) of this section;
Page 8, Line 16(II) The contractor's or bidder's required documentation
Page 8, Line 17does not meet the standards set forth in subsection (3)(a) of this section; or
Page 8, Line 18(III) The department determines the bidder or contractor
Page 8, Line 19is not engaging in safe business practices.
Page 9, Line 1(5) A governmental body shall not waive the
Page 9, Line 2requirements of this section or make exigent or emergency
Page 9, Line 3purchases of firearms or items regulated pursuant to the "National Firearms Act" to subvert this section.
Page 9, Line 4(6) The department may adopt rules to implement this section.
Page 9, Line 5(7) A resident bidder and nonresident bidder are treated
Page 9, Line 6equally for purposes of this section. A resident bidder shall not
Page 9, Line 7receive a bid preference against a nonresident bidder for the
Page 9, Line 8purchase of firearms or items regulated pursuant to the "National Firearms Act" as set forth in section 24-103-906 (1)(a).
Page 9, Line 10SECTION 3. Act subject to petition - effective date. This act
Page 9, Line 11takes effect January 1, 2026; except that, if a referendum petition is filed
Page 9, Line 12pursuant to section 1 (3) of article V of the state constitution against this
Page 9, Line 13act or an item, section, or part of this act within the ninety-day period
Page 9, Line 14after final adjournment of the general assembly, then the act, item,
Page 9, Line 15section, or part will not take effect unless approved by the people at the
Page 9, Line 16general election to be held in November 2026 and, in such case, will take
Page 9, Line 17effect on the date of the official declaration of the vote thereon by the governor.