The proposed legislation, Senate Bill 25-034, titled the "Colorado Voluntary Do-Not-Sell Act," introduces a system allowing individuals to voluntarily waive their right to purchase firearms as a proactive measure to prevent firearm-related suicides.
Key Provisions:
Voluntary Waiver Process:
Individuals can submit a waiver through an online portal managed by the Colorado Bureau of Investigation (CBI), temporarily relinquishing their right to purchase firearms.
The CBI is responsible for verifying the identity of applicants before accepting the waiver.
Revocation of Waiver:
A waiver can be revoked by the individual at any time; however, the revocation becomes effective 30 days after the CBI processes the request.
This 30-day period serves as a cooling-off phase to deter impulsive decisions.
Notification System:
Applicants may designate one or more contact persons to be notified if the individual attempts to purchase a firearm while the waiver is active or if they revoke the waiver.
The CBI is required to inform these contacts within 24 hours of such events.
Legal Implications:
Attempting to purchase a firearm while under an active waiver constitutes a civil infraction, punishable by a fine of up to $25.
The bill mandates the CBI to integrate the waiver status into the National Instant Criminal Background Check System (NICS) and other relevant databases, ensuring that firearm dealers are informed of an individual's ineligibility to purchase firearms during the waiver period.
Summary
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.
