Colorado’s Sweeping Assault Weapons Ban Bill Hits Roadblocks: The Latest On SB25-003

Make no mistake—if it passes, Colorado SB25-003 will be the broadest gun ban in the nation, outdoing even California and Illinois. When introduced, the situation looked dire with passage almost certain, even after having defeated two attempts at an “assault weapons” ban in 2023 and 2024. This year’s uphill battle was introduced on January 8, the first day of the legislative session. As a big flex to the state’s gun owners and gun rights activists, upon introduction of the bill, the sponsors had the exact number of co-sponsors signed on to SB25-003 as they needed votes for passage in the Senate. That number is 18. This was significant because the Senate is where the bill stalled last year, but this year’s sponsors, Tom Sullivan and Julie Gonzales on the Senate side, and Representatives Andrew Boesnecker and Meg Froelich in the House, aimed to have the votes lined up out the gate.

Although the sponsors have attempted to sell this legislation as a bill that would “close a loophole in Colorado’s magazine capacity limit laws“, it took all of 90 seconds for gun owners and activists to realize this had nothing to do with magazines at all, but was instead a sweeping gun ban cloaked in lies, and once the complex and technical language was broken down, it became apparent how severe it was: worse than anything we have ever seen before. 

It targets any semi-automatic rifle or shotgun that can accept a detachable magazine – simply a blanket ban based on only those two features, prohibiting the sale, purchase, transfer or manufacture of these weapons. It also takes aim at semi-automatic pistols that operate with a gas-reloading system and can accept a detachable magazine – and due to the bill’s contradictory language, it could ban far more than gas operated platforms. It then goes on to give the Colorado Attorney General authority to further define and interpret the language. And lastly, it creates a vague definition of “rapid-fire devices,” which it classifies as “dangerous weapons”, banning bump stocks and anything that can increase the rate of fire of a semi-automatic firearm.

On January 28, a public hearing for SB25-003 was held in front of the five member Senate State, Veterans, & Military Affairs committee. The State Capitol in Denver was packed with people ready to provide public testimony both in opposition and support. The hearing was 9 hours long, with testimony cut off at 11pm. In addition to the main hearing room, two overflow rooms were filled with those waiting to make their voices heard, and hundreds were signed up to testify remotely, although in-person testimony was given priority. The committee alternated panels of supporters and opponents. About four hours into the hearing, they ran out of supporters, having gone through both those who were present at the Capitol and bill proponents who were participating online. The remaining time was given to panel after panel of opponents to the bill. At 11pm testimony was cut off with dozens of opponents still waiting to testify in person – and they hadn’t even begun to open up online testimony. The committee still voted 3-2 to move the bill forward, with Democrats voting in favor, and Republicans voting against.

After passage in committee, the bill was immediately scheduled for second reading and a vote of the full Senate on February 1; the second of three votes needed to get it past the Senate chamber. It appeared the bill was set to move as fast as possible. Until it wasn’t. The morning of the second reading, the Senate Majority Leader motioned to delay the vote by one week and second reading was rescheduled for February 7.

A lot happened in that week, and now there are multiple pieces falling off their perfectly packaged gun ban that they wrapped up in the magazine lie.

First, everyone is waking up to the fact this is not about detachable magazines at all. In fact, detachable magazines could still be bought and sold in Colorado, it’s the guns that would accept them that would no longer be on the shelves. Even Colorado Public Radio stated that if SB25-003 became law, it would “be one of the most sweeping gun restrictions in the nation.”  And they are right.

Senate co-sponsor Democrat Marc Snyder has now publicly stated he is pulling his sponsorship of the bill because even he did not understand it was a gun ban. He was sold the lie it was a magazine bill.

Democrat Majority Whip, Nick Hinrichsen, released a public statement on official Senate letterhead stating he will also be a NO vote on this bill as written, and his reasoning aligns with everything we here at We The Second have been saying. He did go on to say if the bill was essentially gutted, removing the gun ban portion but leaving the bump stock ban in place, he would be in favor of that and it would get his vote.

The day before the bill was set to go to second reading and vote of the full Senate, both bill sponsor, Tom Sullivan, and Senate President, James Coleman, spoke to Colorado Sun and stated that despite the public loss of a co-sponsor and the Senate whip’s vocal opposition, they still had the votes needed to pass it as scheduled, and they were gearing up for a long day that they were confident would end with the passage of SB25-003 on second reading.

Less than 24 hours later, rumors began to circulate that the vote would be delayed again, and on the morning of the vote, the Senate Majority Leader motioned to lay the bill over yet again, giving it the new date on the Senate calendar of February 13.

Here’s what we know is going on behind the scenes:

• The Governor isn’t fully on board. Governor Jared Polis told The Colorado Sun last month that while a firearm ban isn’t his preferred method of “tackling gun violence”, he’s not fundamentally opposed to the idea. He also said he thinks the state’s focus “should be on guns used in crime,” which is why his priority firearm bill at the Capitol this year is Representative Ryan Armagost’s HB25-1062, which targets stolen weapons. The governor went on to say in deciding whether to sign or veto SB25-003, he wants “to make sure it doesn’t interfere with legal, law-abiding gun owners in our state for hunting, for home defense or sport.”

• Co-sponsors are questioning it. In addition to Senator Marc Snyder listed above, a recent Colorado Public Radio episode stated they had spoken with other bill sponsors who were having similar concerns: they were told this wasn’t a gun ban, but it is, in fact, a massive gun ban. Coupled with the high public interest and mobilization of engaged citizens by groups like We The Second, the pressure back on those bill sponsors is intense, with the non-stop calls and emails disrupting every day work. This is certainly making those who also were sold the magazine lie take notice.

• They are making amendments to try to get support. The sponsors are now working on amending SB25-003 to alleviate the concerns of Governor Polis as well as skeptical co-sponsors whose votes they are counting on. Backers of the bill are saying they hope the negotiations will be resolved quickly so they can bring it up for debate and a vote in the Senate on February 13, as scheduled. In 2023 and 2024, Governor Polis all but said he would veto the assault weapons ban bills that stalled before ever making it to his desk. Those bills were less severe than SB25-003. We are unsure of what amendments would look like to this bill that would also get him on board. 

Five amendments were already added during the Senate committee hearing. One amendment exempted movie producers with the bill sponsors displaying glaring hypocrisy by dubbing it the “Hollywood Amendment,” exempting the producers of Hollywood films that glamorize the same weapons they have deemed too dangerous for public ownership.  Yet another amendment exempted firearms with tube fed magazines in hopes of appeasing the hunting community who is about to have many of their choice firearms disappear from stores. Except this amendment does nothing considering the last mass produced semi-automatic rifle with a detachable tubular magazine was the Ruger 44. Ruger ended production of the rifle in 1985 due to the inefficiency of the design and high production costs. And less than 5% of semi-automatic shotguns use detachable tube fed magazines. An amendment exempting laser guns from Star Wars would be about as impactful.

• The fiscal impact of this bill is starting to get some attention.  According to the bill’s attached fiscal note, it will cost the state $0 if this passes into law. During the Senate committee hearing, a representative from CBI stated this would cost their agency nearly $4 million a year to enforce as it would now require every firearm retrieved in a crime to be forensically investigated to determine if the magazine is fixed and if the trigger has been altered in any way to increase the rate of fire. They estimate this would be 1,000 firearms a year. Additionally, the bill sponsors claim there would be no tax revenue loss because gun stores can still sell these guns with fixed magazines (just epoxy or weld them on, they say!). That is another outrageous – and dangerous – lie. According to my estimates, which I based off of the revenue expectations in Prop KK firearms and ammo excise tax, Colorado would lose $38.55 million annually, and $29.65 million would be lost at the federal level through a decrease in the Pittman-Robertson tax.

As SB25-003 progresses, it’s critical that every concerned citizen stays engaged and takes action. This legislation proposes sweeping changes to Colorado’s gun laws, potentially setting a precedent that could influence national policy. We strongly urge you to contact all Democrat State Senators and the Governor now, express your concerns, and demand a NO vote on this bill.

If it passes the Senate, the entire process will start over in the House chamber and there will be action items every step of the way. It would need to pass through the House before it would land on Governor Polis’ desk for signature or veto.