Colo. Rev. Stat. § 33-9-115 – Firearms training and safety course record system - firearms training and safety course cash fund - rules - fees - legislative declaration - definitions - repeal.

(1) As used in this section, unless the context otherwise requires:
1. (a) Basic firearms safety course means a basic firearms safety course described in section 18-12-116 (5).
2. (b) Bureau means the Colorado bureau of investigation created in section 24-33.5-401.
3. (c) Division means the division of parks and wildlife created in section 33-9-104.
4. (d) Extended firearms safety course means an extended firearms safety course described in section 18-12-116 (5).
5. (e) Hunter education course means a hunter education course certified by the division of parks and wildlife, as described in section 33-6-107 (8).
6. (f) System means the firearms training and safety course record system described in subsection (2)(a) of this section.
(2)
1. (a) The division shall develop and operate a system of records of persons who:
  1. (I) Hold a valid firearms safety course eligibility card issued pursuant to section 18-12-116 (5)(b); and
  2. (II) Have completed a hunter education course, a basic firearms safety course, or an extended firearms safety course.
2. (b) The division shall consult with the bureau in developing and operating the system.
3. (c) The system is not a record that a person purchases or exchanges firearms or purchased or exchanged a specific firearm.
(3) The system must allow:
1. (a) A sheriff to electronically enter into the system the name of and other information required by the division about each person who was issued a firearms safety course eligibility card;
2. (b) The instructor of a basic firearms safety course or extended firearms safety course to request and receive information about whether a person holds a valid firearms safety course eligibility card issued pursuant to section 18-12-116 (5)(b);
3. (c) The instructor of a hunter education course, basic firearms safety course, or extended firearms safety course to electronically enter into the system the name of and other information required by the division about each student who completes a course; and
4. (d) A federal firearms licensee, as defined in section 18-12-101, to electronically request and receive information about whether a person has completed the courses necessary to purchase a specified semiautomatic firearm pursuant to section 18-12-116 (3)(e)(I).
(4)
1. (a) The division may adopt processes and procedures necessary for the implementation of this section.
2. (b) The division shall establish course requirements for a basic firearms safety course and an extended firearms safety course that include instruction on the subjects required in section 18-12-116 (5)(a)(IV). The requirements must not require more than four hours of instruction for a basic firearms safety course or twelve hours of instruction for an extended firearms safety course.
3. (c) The division shall create an application form for a person to apply for a firearms safety course eligibility card pursuant to section 18-12-116. The application form must require the information required to be submitted on an application pursuant to section 18-12-116 (5)(b). The division shall make the application form available at no cost on its website.
(5)
1. (a) The commission shall establish a firearms training and safety course record fee for a person to be included in the system. The fee must reflect actual direct and indirect costs to implement this section. The commission may adjust the fee, but shall not adjust the fee more than one time each year. The division shall transmit the fee money remitted to the division by a sheriff pursuant to section 18-12-116 (5)(b) to the state treasurer, who shall deposit the fee money in the firearms training and safety course cash fund.
2. (b)
  1. (I) The firearms training and safety course cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (5)(a) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the firearms training and safety course cash fund to the fund. Money in the fund is continuously appropriated to the division for the purposes of this section.
  2. (II) The money credited to the firearms training and safety course cash fund pursuant to section 18-12-116 (5)(b) and any income and interest derived from the deposit and investment of the money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
3. (c)
  1. (I) Before December 31, 2029, in order to implement this section, the director of the division may report to the state treasurer an amount of money to transfer to the firearms training and safety course cash fund from the parks and outdoor recreation cash fund. Within three days after receiving a report from the director, the state treasurer shall transfer the amount of money described in the report. The director of the division may make multiple reports to the treasurer pursuant to this subsection (5)(c)(I).
  2. (II)
    1. (A) In order to restore to the parks and outdoor recreation cash fund the amount of money transferred from the fund pursuant to subsection (5)(c)(I) of this section, with interest, the director of the division may report to the state treasurer an amount of money to transfer from the firearms training and safety course cash fund to the parks and outdoor recreation cash fund. Within three days after receiving a report from the director, the state treasurer shall transfer the amount of money described in the report. The director of the division may make multiple reports to the treasurer pursuant to this subsection (5)(c)(II)(A).
    2. (B) The total amount of the transfers to the parks and outdoor recreation cash fund pursuant to this subsection (5)(c)(II) must not be greater than the total amount transferred from the parks and outdoor recreation cash fund pursuant to subsection (5)(c)(I) of this section.
    3. (C) By June 30, 2030, the total amount of the transfers to the parks and outdoor recreation cash fund reported by the director of the division to the state treasurer pursuant to this subsection (5)(c)(II) must be equal to the total amount transferred from the parks and outdoor recreation cash fund pursuant to subsection (5)(c)(I) of this section, plus fair market interest, as determined by the director.
  3. (III) This subsection (5)(c) is repealed, effective July 1, 2030.
(6) The general assembly finds and declares that, consistent with the determination of the Colorado Supreme Court in Nicholl v. e-470 Public Highway Authority, 896 p.2d 859 (Colo. 1995), the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, and it is the conclusion of the general assembly that the firearms training and safety course record fee imposed by this bill is a fee, not a tax, because the fee is imposed for the specific purpose of defraying costs of providing record-keeping services to fee payers to enable them to purchase specified semiautomatic firearms pursuant to section 18-12-116 and is collected at a rate that is reasonably related to the overall cost of operating and maintaining the firearms training and safety course record system created in section 33-9-115.
(7) On or before December 31, 2025, and on or before December 31 of each year thereafter, the division shall submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, about the expenses incurred by the division to implement Senate Bill 25-003, enacted in 2025, and any additional resources the division needs to effectively implement Senate Bill 25-003.

Source: L. 2025: Entire section added, (SB 25-003), ch. 68, p. 296, § 3, effective April 10.