Prohibit Certain Weapons Used in Mass Shootings

The bill defines the term "assault weapon" and prohibits a person from manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of an assault weapon. The bill further prohibits a person from possessing a rapid-fire trigger activator. A person in violation of the prohibitions will be assessed a first-time penalty of $250,000 and $500,000 for each subsequent violation. The bill prohibits the sale or transfer by an individual on or after July 1, 2024, to anyone within the state, except to:

• An heir by bequest or intestate succession; or
• A licensed gun or firearms dealer, who shall render the weapon inoperable within ninety days of the transfer.

An individual or entity that does not have a permit to sell firearms but sells or attempts to make a private sale of an assault weapon or rapid-fire trigger activator in violation of the requirements of the bill on or after July 1, 2025, shall be assessed a civil penalty in the amount of $750. A licensed gun dealer, licensed firearms dealer, gun show vendor, or other person who has a permit to sell firearms who sells or attempts to sell an assault weapon or rapid-fire trigger activator in violation of the requirements of the bill on or after July 1, 2025, shall be reported to the department of revenue. The department of revenue shall take appropriate actions as required by law. A licensed gun dealer, licensed firearms dealer, gun show vendor, or other person who has a permit to sell firearms who purchases an assault weapon or rapid-fire trigger activator from a manufacturer of assault weapons that operates in Colorado shall be reported to the department of revenue. The department of revenue shall take appropriate actions as required by law.

The prohibition does not apply to:

• A member of the United States armed forces, a peace officer, or other government officer or agent, to the extent that the person is otherwise authorized to acquire or possess an assault weapon and does so while acting within the scope of the person's duties; A person who is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces;
• The manufacture, sale, or transfer of an assault weapon or rapid-fire trigger activators by a licensed firearms manufacturer to any branch of the United States armed forces, or to an entity that employs peace officers, for use by that entity or its employees a peace officer or to an entity that employs peace officers;
• The manufacture, sale, or transfer of an assault weapon by a licensed firearms manufacturer to any branch of the Unites States armed forces;
• The transfer of an assault weapon to a licensed firearms dealer or gunsmith for the purposes of maintenance, repair, or modification, and the subsequent return of the assault weapon to the lawful owner;
• Any federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the assault weapon is securely housed and unloaded;
• A forensic laboratory, or any authorized agent or employee of the laboratory, for use exclusively in the course and scope of authorized activities;
• An entity that operates an armored vehicle business and an authorized employee of the entity while in the course and scope of employment;
• A licensed gun dealer who has remaining inventory of assault weapons as of August 1, 2024, and sells or transfers the remaining inventory only to a non-Colorado resident and the sale or transfer takes place out of state; or
• A peace officer.

The prohibition does not apply to the transportation of assault weapons through the state by a person who is not otherwise prohibited by state or federal law from transporting, shipping, or receiving a firearm. A person is entitled to transport an assault weapon for any lawful purpose from any place where the person may lawfully possess and carry the assault weapon to any other place where the person may lawfully possess and carry the assault weapon, provided the transportation is in accordance with federal law.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)