Constitutional Analysis: Likely Unconstitutional

SECTION 2. In Colorado Revised Statutes, add 18-12-116 as follows: 18-12-116. Enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms - penalties - definitions. (1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "CYCLE THE ACTION" MEANS TO EXTRACT THE FIRED CARTRIDGE CASE, CHAMBER THE NEXT CARTRIDGE, AND PREPARE THE FIRING MECHANISM TO FIRE AGAIN. (b) "DETACHABLE MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE THAT IS NOT PERMANENTLY ATTACHED TO A FIREARM AND MAY BE REMOVED FROM THE FIREARM WITHOUT RENDERING THE FIREARM INCAPABLE OF ACCEPTING ANY MAGAZINE. "DETACHABLE MAGAZINE" DOES NOT INCLUDE AN ATTACHED TUBULAR MAGAZINE LOCATED UNDER THE BARREL OF A FIREARM. PAGE 2-SENATE BILL 25-003 (C) "GAS-OPERATED SEMIAUTOMATIC HANDGUN" MEANS ANY SEMIAUTOMATIC HANDGUN THAT HARNESSES OR TRAPS A PORTION OF THE HIGH-PRESSURE GAS FROM A FIRED CARTRIDGE TO CYCLE THE ACTION USING ANY OF THE FOLLOWING: (I) A LONG-STROKE PISTON SYSTEM IN WHICH GAS IS VENTED FROM THE BARREL TO A PISTON THAT IS MECHANICALLY FIXED TO THE BOLT GROUP AND MOVES TO CYCLE THE ACTION; (II) A SHORT-STROKE PISTON SYSTEM IN WHICH GAS IS VENTED FROM THE BARREL TO A PISTON THAT MOVES SEPARATELY FROM THE BOLT GROUP SO THAT THE ENERGY IS IMPARTED THROUGH A GAS PISTON TO CYCLE THE ACTION; (III) A SYSTEM THAT TRAPS AND VENTS GAS FROM EITHER THE BARREL OR THE CHAMBER TO DIRECTLY STRIKE OR IMPINGE THE BOLT, BOLT CARRIER, OR SLIDE ASSEMBLY, TO UNLOCK AND CYCLE THE ACTION; (IV) A HYBRID SYSTEM THAT COMBINES ELEMENTS OF A SYSTEM DESCRIBED IN SUBSECTION ( 1 )(C)(I) OF THIS SECTION WITH A SYSTEM DESCRIBED IN SUBSECTION (1)(C)(H) OR (1)(C)(III) OF THIS SECTION TO CAPTURE GAS VENTED FROM THE BARREL TO CYCLE THE ACTION; OR (V) A BLOWBACK-OPERATED SYSTEM THAT DIRECTLY UTILIZES THE EXPANDING GASSES OF THE IGNITED PROPELLANT POWDER ACTING ON THE CARTRIDGE CASE TO DRIVE THE BREECHBLOCK OR BREECH BOLT REARWARD. (d) (I) "SPECIFIED SEMIAUTOMATIC FIREARM" MEANS ANY OF THE FOLLOWING, EXCEPT AS PROVIDED IN SUBSECTION (1)(d)(II) OF THIS SECTION: (A) A SEMIAUTOMATIC RIFLE OR SEMIAUTOMATIC SHOTGUN WITH A DETACHABLE MAGAZINE; OR (B) A GAS-OPERATED SEMIAUTOMATIC HANDGUN WITH A DETACHABLE MAGAZINE. (II) "SPECIFIED SEMIAUTOMATIC FIREARM" DOES NOT INCLUDE: (A) A FIREARM DESIGNED TO ACCEPT, AND CAPABLE OF OPERATING PAGE 3-SENATE BILL 25-003 ONLY WITH, .22 OR LOWER CALIBER RIMFIRE AMMUNITION, UNLESS THE FIREARM HAS A SEPARATE UPPER AND LOWER RECEIVER; (B) A FIREARM THAT IS MANUALLY OPERATED BY BOLT, PUMP, LEVER, OR SLIDE ACTION; (C) A FIREARM THAT HAS A PERMANENTLY FIXED MAGAZINE THAT CANNOT ACCEPT MORE THAN FIFTEEN ROUNDS OF AMMUNITION, INCLUDING A SEMIAUTOMATIC FIREARM THAT HAS BEEN CONVERTED TO HAVE A PERMANENTLY FIXED MAGAZINE THAT CANNOT ACCEPT MORE THAN FIFTEEN ROUNDS OF AMMUNITION; (D) A SINGLE OR DOUBLE ACTION SEMIAUTOMATIC HANDGUN THAT USES RECOIL TO CYCLE THE ACTION OF THE HANDGUN; (E) THE FOLLOWING MODELS OF FIREARMS, AS THEY EXIST AND ARE CONFIGURED ON THE EFFECTIVE DATE OF THIS SECTION: AG42 LJUNGMAN; BENELLI ARGO E PRO; BENELLI RI BIG-GAME RIFLE; BROWNING BAR MK 3; BROWNING BARLONGTRAC RIFLE; BROWNING BAR SHORTTRAC RIFLE; FABRIQUE NATIONALE MODEL 49, COMMONLY KNOWN AS FN49; FUSIL AUTOMATIQUE MODELE 1917, ALSO KNOWN AS RSC M1917; GEWEHR 43; GLOBCO MOHAWK; HAKIM RIFLE; HK SL6; HK SL7; M1 CARBINE; M1941 JOHNSON RIFLE; MARLIN CAMP CARBINE; MAS49; REMINGTON MODEL 4; REMINGTON MODEL 8; REMINGTON MODEL 740; REMINGTON MODEL 742; REMINGTON MODEL 750; REMINGTON 7400; RUGER DEERFIELD CARBINE; RUGER MINI-14 RANCH RIFLE; RUGER MINI THIRTY RIFLE; RUGER MODEL 44; SPRINGFIELD ARMORY M 1 A STANDARD ISSUE RIFLE; SVT 40; VALMET I IUNTER M88; VZ.52; WINCHESTER MODEL 100; WINCHESTER MODEL 1905; WINCHESTER MODEL 1907; AND WINCHESTER MODEL 1910; (F) A FIREARM THAT HAS BEEN MADE PERMANENTLY INOPERABLE; OR (G) AN ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C. SEC. 921 (a)(16), OR A CURIO OR RELIC, AS DEFINED IN 27 CFR 478.11. (2) ON OR AFTER AUGUST 1, 2026, IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY MANUFACTURE, DISTRIBUTE, TRANSFER, SELL, OR PURCHASE A SPECIFIED SEMIAUTOMATIC FIREARM; EXCEPT THAT A PERSON MAY SELL OR TRANSFER A SPECIFIED SEMIAUTOMATIC FIREARM TO AN INDIVIDUAL PAGE 4-SENATE BILL 25-003 RESIDING IN ANOTHER STATE OR A FEDERALLY LICENSED FIREARM DEALER. (3) SUBSECTION (2) OF THIS SECTION DOES NOT APPLY TO: (a) THE MANUFACTURE FOR, TRANSFER OR SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM TO, OR RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM BY: (I) A FEDERAL, STATE, LOCAL, OR TRIBAL LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF EQUIPPING THE AGENCY'S PEACE OFFICERS; (II) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101, WHO IS CERTIFIED BY THE PEACE OFFICER STANDARDS AND TRAINING BOARD CREATED IN SECTION 24-31-302, IF THE AGENCY THAT EMPLOYS THE PEACE OFFICER REQUIRES OR PERMITS THE PEACE OFFICER TO CARRY A SPECIFIED SEMIAUTOMATIC FIREARM FOR USE IN THE PEACE OFFICER'S OFFICIAL CAPACITY; (III) THE DEPARTMENT OF CORRECTIONS, THE WARDEN OF A PRISON, THE SUPERINTENDENT OF A FACILITY IN WHICH A PERSON HAS BEEN PLACED BY TRANSFER FROM A CORRECTIONAL FACILITY PURSUANT TO SECTION 17-23-101, THE KEEPER OF A JAIL, OR THE HEAD OF ANY OTHER INSTITUTION FOR THE DETENTION OF PEOPLE ACCUSED OR CONVICTED OF AN OFFENSE, IN ORDER TO EQUIP STAFF FOR THE PERFORMANCE OF THEIR OFFICIAL DUTIES; (IV) AN ENTITY THAT OPERATES AN ARMORED VEHICLE BUSINESS FOR USE BY AN AUTHORIZED EMPLOYEE OF THE ENTITY WHILE IN THE COURSE AND SCOPE OF THE EMPLOYEE'S DUTIES; OR (V) AN INSTRUCTOR OF AN ACCREDITED GUNSMITHING COURSE IN A STATE-AUTHORIZED INSTITUTION OF HIGHER EDUCATION OR AN INSTITUTION REGULATED BY THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS FOR THE PURPOSES OF EDUCATIONAL INSTRUCTION OR MANUFACTURE, REPAIR, OR MAINTENANCE OF A SPECIFIED SEMIAUTOMATIC FIREARM DURING THE COURSE OF EDUCATIONAL INSTRUCTION; (b) THE MANUFACTURE FOR, TRANSFER OR SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM TO, OR RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM FOR USE BY, MEMBERS OF THE ARMED SERVICES OR RESERVE FORCES OF THE UNITED STATES OR OF THE COLORADO PAGE 5-SENATE BILL 25-003 NATIONAL GUARD, IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES; (C) THE TRANSFER OF A SPECIFIED SEMIAUTOMATIC FIREARM TO, AND RECEIPT OF A SPECIFIED SEMIAUTOMATIC FIREARM BY: (1) A FEDERALLY LICENSED FIREARMS DEALER FOR TEMPORARY STORAGE OR PERMANENT DISPOSAL; (II) A GUNSMITH FOR THE PURPOSES OF MAINTENANCE, REPAIR, OR MODIFICATION AND THE SUBSEQUENT RETURN OF THE SPECIFIED SEMIAUTOMATIC FIREARM TO THE LAWFUL OWNER, UNLESS THE GUNSMITH HAS REASON TO BELIEVE THAT THE LAWFUL OWNER IS PROHIBITED BY LAW FROM POSSESSING THE SPECIFIED SEMIAUTOMATIC FIREARM; OR (III) A STUDENT OF AN ACCREDITED GUNSMITHING COURSE IN A STATE-AUTHORIZED INSTITUTION OF HIGHER EDUCATION OR AN INSTITUTION REGULATED BY THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS FOR THE PURPOSES OF EDUCATIONAL INSTRUCTION OR MANUFACTURE, REPAIR, OR MAINTENANCE OF A SPECIFIED SEMIAUTOMATIC FIREARM DURING THE COURSE OF THE STUDENT'S EDUCATIONAL INSTRUCTION; (d) THE SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM TO, AND PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM BY, AN INSTITUTION OF HIGHER EDUCATION THAT OPERATES, OR AN INSTRUCTOR OF, AN EDUCATIONAL PROGRAM APPROVED BY THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER EDUCATION OR THE COLORADO DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS, FOR USE AND STORAGE AT THE LOCATION OF THE EDUCATIONAL PROGRAM; (e) THE TRANSFER OR SALE OF A SPECIFIED SEMIAUTOMATIC FIREARM TO, AND RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM BY: (I) A PERSON WHO: (A) COMPLETED A HUNTER EDUCATION COURSE CERTIFIED BY THE DIVISION OF PARKS AND WILDLIFE, AS DESCRIBED IN SECTION 33-6-107 (8), AND, WITHIN FIVE YEARS BEFORE MAKING THE PURCHASE, COMPLETED A BASIC FIREARMS SAFETY COURSE DESCRIBED IN SUBSECTION (5) OF THIS PAGE 6-SENATE BILL 25-003 SECTION; (B) WITHIN FIVE YEARS BEFORE MAKING THE PURCHASE, COMPLETED AN EXTENDED FIREARMS SAFETY COURSE DESCRIBED IN SUBSECTION (5) OF THIS SECTION; OR (C) COMPLETED AN EXTENDED FIREARMS SAFETY COURSE MORE THAN FIVE YEARS BEFORE MAKING THE PURCHASE AND COMPLETED A BASIC FIREARMS SAFETY COURSE WITHIN FIVE YEARS BEFORE MAKING THE PURCHASE; (II) A FEDERAL, STATE, OR LOCAL HISTORICAL SOCIETY, MUSEUM, OR INSTITUTIONAL COLLECTION THAT IS OPEN TO THE PUBLIC, IF THE SPECIFIED SEMIAUTOMATIC FIREARM IS RENDERED PERMANENTLY INOPERABLE PRIOR TO THE SALE OR TRANSFER; AND (III) A FORENSIC LABORATORY, OR ANY AUTHORIZED AGENT OR EMPLOYEE OF THE LABORATORY, FOR USE EXCLUSIVELY IN THE COURSE AND SCOPE OF FORENSIC ANALYSIS; (f) A TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSE OF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR IS AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF A TRUST CREATED IN A WILL; AND (g) THE MANUFACTURE, DISTRIBUTION, TRANSFER, SALE, OR RENTAL OF A SPECIFIED SEMIAUTOMATIC FIREARM CAPABLE OF ONLY FIRING BLANKS BY, OR RECEIPT OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM CAPABLE OF ONLY FIRING BLANKS FROM, A FEDERALLY LICENSED FIREARM DEALER, FOR USE SOLELY AS A PROP FOR A FILM, AS DEFINED IN SECTION 24-48.5-114. (4) (a) A PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION COMMITS UNLAWFUL MANUFACTURE, DISTRIBUTION, TRANSFER, SALE, OR PURCHASE OF A SPECIFIED SEMIAUTOMATIC FIREARM. (b) 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. PAGE 7-SENATE BILL 25-003 (5) (a) (I) A BASIC FIREARMS SAFETY COURSE AND AN EXTENDED FIREARMS SAFETY COURSE MUST BE TAUGHT BY AN INSTRUCTOR VERIFIED BY A SHERIFF AS A FIREARMS INSTRUCTOR PURSUANT TO SECTION 18-12-202.7. A BASIC OR EXTENDED FIREARMS SAFETY COURSE MUST BE HELD IN PERSON WITH THE INSTRUCTOR OF THE CLASS AT THE SAME LOCATION AS THE STUDENTS AND NO PART OF THE CLASS MAY BE CONDUCTED VIA THE INTERN