A Bill for an Act
Page 1, Line 101Concerning voluntarily waiving the right to purchase a
Page 1, Line 102firearm.
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 establishes a process for a person to voluntarily waive the right to purchase a firearm (voluntary waiver). The Colorado bureau of investigation (bureau) shall deny a firearm transfer to the person while the voluntary waiver is in effect. The bureau shall develop an online portal for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. The bureau is required to verify the filer's identity before accepting a voluntary waiver or revocation.
The bureau shall enter a voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms.
A person may revoke the voluntary waiver by filing for revocation with the bureau. The waiver remains in effect for 30 days after the bureau accepts the revocation.
The person filing the voluntary waiver form may provide the name 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 voluntary waiver. Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Short title. The short title of this act is the "Colorado Voluntary Do-Not-Sell Act".
Page 2, Line 3SECTION 2. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 4(a) There were 27,032 firearm suicide deaths in the United States in 2022;
Page 2, Line 5(b) In 2023, Colorado had among the highest suicide rates in the
Page 2, Line 6United States. The state was ranked eighth overall for suicide deaths and thirteenth for suicide deaths by firearm.
Page 2, Line 7(c) By far the largest number of firearm deaths in Colorado in
Page 2, Line 82023 were suicides: 717 Coloradans died by self-inflicted gunshot wound,
Page 2, Line 9which accounted for 70 percent of all firearm deaths. Firearms were used in 56 percent of all suicides in the state.
Page 2, Line 10(d) Buying a firearm is associated with an increased risk of suicide
Page 2, Line 11because, as one study found, the suicide rate among recent firearm purchasers was 57 times the overall rate;
Page 3, Line 1(e) Many suicide attempts are impulsive. One study of survivors
Page 3, Line 2of firearm suicide attempts found that a majority had suicidal thoughts for less than a day.
Page 3, Line 3(f) Research shows that delaying access to firearms significantly reduces gun suicide, without increasing non-gun suicide;
Page 3, Line 4(g) With firearms, there are very few second chances because approximately 85 percent of gun suicide attempts result in death;
Page 3, Line 5(h) Surviving one suicide attempt usually makes all the difference.
Page 3, Line 6Only around 10 percent of serious suicide attempt survivors eventually
Page 3, Line 7die by suicide. Most people take advantage of their second chance, which they will rarely get if they use a firearm.
Page 3, Line 8(i) By delaying access to firearms for those who chose to
Page 3, Line 9voluntarily participate on a do-not-sell list, it is reasonable to expect a reduction in overall suicide risk.
Page 3, Line 10SECTION 3. In Colorado Revised Statutes, add 24-33.5-424.5 as follows:
Page 3, Line 1124-33.5-424.5. Voluntary waiver of the right to purchase a
Page 3, Line 12firearm - revocation of waiver - rules - notice to revisor - definitions.
Page 3, Line 13(1) As used in this section, unless the context otherwise requires:
Page 3, Line 14(a) "Contact person" means the person designated as a
Page 3, Line 15contact pursuant to subsection (3)(b) of this section by the person voluntarily waiving the right to purchase a firearm.
Page 3, Line 16(b) "Voluntary waiver" means a voluntary waiver of the right to purchase a firearm as described in this section.
Page 3, Line 17(2) (a) A person may voluntarily waive the right to
Page 4, Line 1purchase a firearm. Pursuant to section 24-33.5-424 (3)(b)(III),
Page 4, Line 2while the waiver is in effect, the bureau shall deny the transfer
Page 4, Line 3of a firearm to a person who voluntarily waived the right to purchase a firearm.
Page 4, Line 4(b) The bureau shall develop an online portal for a person
Page 4, Line 5to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver.
Page 4, Line 6(3) (a) To voluntarily waive the right to purchase a
Page 4, Line 7firearm, a person must file a voluntary waiver with the bureau.
Page 4, Line 8The bureau shall verify the person's identity prior to accepting the voluntary waiver.
Page 4, Line 9(b) A person who voluntarily waives the right to purchase
Page 4, Line 10a firearm may designate one or more contact persons who will
Page 4, Line 11be contacted, pursuant to this section, if the person attempts to
Page 4, Line 12purchase a firearm while the voluntary waiver is in effect or if the person revokes the voluntary waiver.
Page 4, Line 13(c) The bureau shall immediately notify the person who
Page 4, Line 14filed the voluntary waiver and each contact person when the bureau accepts the filer's voluntary waiver.
Page 4, Line 15(d) No later than twenty-four hours after accepting a
Page 4, Line 16voluntary waiver, the bureau shall enter the voluntary waiver
Page 4, Line 17into the national instant criminal background check system and
Page 4, Line 18any other federal or state computer-based systems used by law
Page 4, Line 19enforcement agencies or others to identify prohibited purchasers of firearms.
Page 4, Line 20(e) A voluntary waiver is confidential. The bureau shall
Page 4, Line 21not disclose records of a voluntary waiver, except as expressly permitted in this section or as ordered by a court.
Page 5, Line 1(4) If the bureau denies the transfer of a firearm to a
Page 5, Line 2person because the person voluntarily waived the right to
Page 5, Line 3purchase a firearm, the bureau shall notify each contact person
Page 5, Line 4of the attempted transfer no later than twenty-four hours after the bureau denies the transfer.
Page 5, Line 5(5) (a) To revoke a voluntary waiver, a person must file
Page 5, Line 6for revocation with the bureau. The bureau shall verify the
Page 5, Line 7person's identity prior to accepting the revocation. The waiver
Page 5, Line 8remains in effect for thirty days after the bureau accepts the revocation.
Page 5, Line 9(b) The bureau shall notify each contact person of the
Page 5, Line 10revocation no later than twenty-four hours after the bureau receives the revocation request.
Page 5, Line 11(c) Thirty days after the bureau accepts the revocation,
Page 5, Line 12and unless the person is otherwise ineligible to possess a firearm
Page 5, Line 13pursuant to state or federal law, the bureau shall remove the
Page 5, Line 14person's information from the national instant criminal
Page 5, Line 15background check system and any other federal or state
Page 5, Line 16computer-based systems in which the person was entered and
Page 5, Line 17that are used by law enforcement agencies or others to identify
Page 5, Line 18prohibited purchasers of firearms, and the bureau shall destroy all records of the voluntary waiver.
Page 5, Line 19(6) The executive director of the department may adopt rules as necessary for the implementation of this section.
Page 5, Line 20(7) (a) The department may seek, accept, and expend gifts,
Page 5, Line 21grants, or donations from private or public sources to develop
Page 6, Line 1and maintain the online portal described in subsection (2)(b) of
Page 6, Line 2this section. The department shall not implement this section
Page 6, Line 3until it receives two hundred thousand dollars of gifts, grants, and donations for the online portal.
Page 6, Line 4(b) Notwithstanding section 24-75-1305, for state fiscal
Page 6, Line 5year 2026-27 and any subsequent fiscal year, the general
Page 6, Line 6assembly may appropriate money from the general fund for the online portal.
Page 6, Line 7(8) Subsections (1) to (6) of this section will take effect if
Page 6, Line 8the department receives two hundred thousand dollars of gifts,
Page 6, Line 9grants, or donations to develop and maintain the online portal
Page 6, Line 10described in subsection (2)(b) of this section. The executive
Page 6, Line 11director of the department of public safety shall notify the
Page 6, Line 12revisor of statutes in writing of the date on which the condition
Page 6, Line 13specified in this subsection (8) has occurred by emailing the
Page 6, Line 14notice to revisorofstatutes.ga@coleg.gov. Subsections (1) to (6)
Page 6, Line 15of this section take effect upon the date identified in the notice
Page 6, Line 16that the department has received two hundred thousand
Page 6, Line 17dollars of gifts, grants, or donations for the online portal or,
Page 6, Line 18if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Page 6, Line 19SECTION 4. In Colorado Revised Statutes, 18-12-111, amend as it will become effective July 1, 2025, (3)(a); and add (4) as follows:
Page 6, Line 2018-12-111. Unlawful purchase of firearms - report to law
Page 6, Line 21enforcement - unlawful attempted purchase while subject to a
Page 6, Line 22voluntary waiver - penalties. (3) (a) If a firearms dealer who holds a
Page 6, Line 23state permit to deal firearms pursuant to section 18-12-401.5 reasonably
Page 7, Line 1believes, knows or should know, or becomes aware after a transfer, that
Page 7, Line 2a person, including an employee, purchased or attempted to purchase a
Page 7, Line 3firearm in violation of subsection (1) of this section, the dealer shall
Page 7, Line 4report that information to a law enforcement agency with jurisdiction over the dealer's place of business.
Page 7, Line 5(4) (a) A person who attempts to purchase a firearm while
Page 7, Line 6subject to a voluntary waiver of the right to purchase a firearm
Page 7, Line 7described in section 24-33.5-424.5 commits unlawful attempted
Page 7, Line 8firearm purchase while subject to a voluntary waiver.
Page 7, Line 9Unlawful attempted firearm purchase while subject to a
Page 7, Line 10voluntary waiver is a civil infraction and shall be punished by a fine of up to twenty-five dollars.
Page 7, Line 11(b) Section 18-2-101 does not apply to conduct that constitutes a civil infraction pursuant to this subsection (4).
Page 7, Line 12SECTION 5. In Colorado Revised Statutes, 24-33.5-424, add (3)(b)(III) as follows:
Page 7, Line 1324-33.5-424. National instant criminal background check
Page 7, Line 14system - state point of contact - fee - grounds for denial of firearm
Page 7, Line 15transfer - appeal - rule-making - unlawful acts - instant criminal
Page 7, Line 16background check cash fund - creation. (3) (b) (III) In addition to
Page 7, Line 17the grounds for denial specified in subsections (3)(a), (3)(b)(I),
Page 7, Line 18and (3)(b.3) of this section, the bureau shall deny a transfer of
Page 7, Line 19a firearm to a person who has voluntarily waived the right to
Page 7, Line 20purchase a firearm, as described in section 24-33.5-424.5, while the waiver is in effect.
Page 7, Line 21SECTION 6. Act subject to petition - effective date.(1) Except
Page 7, Line 22as provided in subsection (2) of this section, this act takes effect at 12:01
Page 8, Line 1a.m. on the day following the expiration of the ninety-day period after
Page 8, Line 2final adjournment of the general assembly; except that, if a referendum
Page 8, Line 3petition is filed pursuant to section 1 (3) of article V of the state
Page 8, Line 4constitution against this act or an item, section, or part of this act within
Page 8, Line 5such period, then the act, item, section, or part will not take effect unless
Page 8, Line 6approved by the people at the general election to be held in November
Page 8, Line 72026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 8, Line 8(2) Sections 24-33.5-424.5 (1), (2), (3), (4), (5), and (6), Colorado
Page 8, Line 9Revised Statutes, as enacted in section 3 of this act; section 18-12-111
Page 8, Line 10(4), Colorado Revised Statutes, as enacted in section 4 of this act; and
Page 8, Line 11section 5 of this act shall only take effect upon receipt of the notice to the
Page 8, Line 12Revisor of Statutes required by section 24-33.5-424.5 (8), Colorado Revised Statutes, as enacted in section 3 of this act.