The SB25-003 Money Shell Game: TABOR, CPW, CBI & The Wildlife Cash Fund

In an outrageous and alarming maneuver, Colorado’s SB25-003 has emerged not merely as a legislative proposal, but as a direct affront to the foundational principles of both the Second Amendment and the state’s deep ties to hunting, fishing and wildlife conservation efforts. This sweeping bill, initially branded as the most expansive firearm ban in the nation’s history, has now morphed into a convoluted, draconian scheme that is funded through a shell game using Colorado Parks and Wildlife as it’s core financing and regulatory mechanism.

A Tangled Web of Overreach.

Originally poised to ban virtually all semi-automatic rifles and shotguns with detachable magazines, and certain semi-automatic pistols, SB25-003’s scope was already breathtakingly broad. Yet, following a frenetic spree of amendments and a 10-hour Senate debate, the bill has become even more complex. It now encompasses a “license to buy” system, complete with stringent training requirements and what is effectively a gun owner registry.

The proposed “Colorado Firearms Safety Course Eligibility Card”, forces prospective gun owners to navigate a labyrinth of bureaucratic hurdles. This includes a 4-hour hunter safety course coupled with a 4-hour firearms safety course, or an extended 12-hour course over two days – all which would be the responsibility of Colorado Parks and Wildlife to either teach, or verify and manage. Either way, it puts CPW right at the heart of enforcement. The additional requirement for fingerprint submission, background checks, and the sheriff’s ability to deny for any reason, further solidifies this process as a thinly veiled attempt to surveil and control law-abiding citizens. And without taking part in this maze of privileged nonsense, the sweeping gun ban described above would apply to any potential consumer.

But it gets worse.

When introduced, the bill came with a $0 fiscal note as it simply placed a blanket ban on a massive swath of guns, but as it mutated into a ban plus a license to buy scheme, the bill sponsors were forced to develop and present a fiscal note. In years past, this would have presented little if any hurdle, but this year the state is scrambling to fill a $1.2 billion budget shortfall – and they’re cutting everything from education funding to closing correctional facilities on the Western Slope of the state.

The new fiscal note is nothing short of a shell game.

Here are the players:

TABOR: Although the Colorado Taxpayer Bill of Rights (TABOR) isn’t an entity involved in this shell game, it is a fiscal restraint mechanism enshrined in our state constitution that plays a huge role in what you’re about to read, so this is a quick lesson. TABOR requires voter approval of all new taxes, but it also requires the state to refund any revenue collected over the prior year’s TABOR limit. This limit is determined by adding inflation and population growth to the previous year’s revenue limit. For 2025-2026, it’s already expected revenue will exceed the TABOR limit by $747.3 million – meaning this amount will already need to be refunded to the taxpayers regardless of any budget shortfall. Any additional revenue the state brings in will be added to this number and the state will be forced to refund it to the taxpayers. TABOR is blind. It doesn’t care about the budget shortfall at all. This amount simply must be returned to the people.

DNR: Department of Natural Resources (DNR) is a state agency that oversees six departments, including Colorado Parks and Wildlife (CPW). DNR revenue is subject to TABOR revenue limits, meaning if they collect more than the projected TABOR limit, they will be forced to be part of the TABOR refund outlined above.

CPW: Colorado Parks and Wildlife (CPW) is a department under DNR. It is set up as an enterprise, which means they are NOT subject to TABOR revenue limits. This means the revenue brought into CPW is essentially “sheltered”. CPW issues hunting and fishing licenses, manages Colorado’s wildlife, administers the state’s trail program, manages state parks, and protects habitats.

Wildlife Cash Fund: The Colorado Wildlife Cash Fund is also an enterprise and not subject to TABOR revenue limits. It’s the primary source of funding for wildlife operations in Colorado, obtaining it’s revenue through hunting and fishing license sales, state park passes, donations, gifts, grants, and more. The fund is used to support wildlife habitat, public access, and wildlife-related recreation. CPW oversees the Wildlife Cash Fund.

CBI: Colorado Bureau of Investigation (CBI) functions within the Department of Public Safety. They will collect background check and fingerprinting fees, of which the state portion is subject to TABOR.

FBI: The Federal Bureau of Investigation (FBI) is not a state department therefore the revenue collected for them is not subject to TABOR and is simply “pass through” income.

The Shell Game

First, let’s look at the numbers from the latest Fiscal Note (and for the sake of this article, we’ll pretend these numbers are accurate):

A. Total Revenue the state anticipates generating the first year from 50,000 CFSC Eligibility Cards:
$4,875,000 (CPW, CBI, FBI, Wildlife Cash Fund)

B. Total Expenditures to implement and manage the CFSC Eligibility Card program:
$3,905,684 (CPW, CBI)

C. Total TABOR refund amount that must be returned to the taxpayers:
$2,125,000 (CBI)

D. Total NET Revenue (A minus C) after TABOR refunds are returned to taxpayers:
$2,750,000

Total NET Loss (D minus B)
-$1,155,684 This is how much of an additional budget deficit this bill will create in FY 2025-2026

Now, let’s look at the inner workings of this shell game.

1. Exploiting Enterprise Status. The bill funnels substantial revenues through the enterprise fund of CPW, which is exempt from TABOR. This arrangement leverages the enterprise status to avoid TABOR’s strict revenue caps and refund requirements that would otherwise be seen as an added budget deficit since the state would be forced to refund part of that revenue back to the people. Approximately $2.3 million annually collected from “firearm education verification fees” is thus insulated from taxpayer oversight and refunds, manipulating the intended purpose of enterprise status to sidestep constitutional fiscal rules and making the bill more palatable at time when fiscal restraint is top priority. It also puts CPW at the center of this gun ban and license to buy scheme.

2. Strategic Revenue Splitting. The bill divides the background check fees collected by the CBI, where $500,000 is passed to the FBI (and thereby exempt from TABOR) and the remaining $2.1 million retained by the state falls under TABOR. This split not only maximizes state revenue under the guise of federal involvement but also manipulates fiscal transparency, blurring the lines between what is truly subject to voter-approved tax limits. The revenue from CBI is subject to the TABOR revenue limit and a portion of it will take a substantial bite out of the already very strained budget.

3. Misuse of Wildlife Cash Fund. The bill uses the Wildlife Cash Fund for an allocation of $1,255,591 to cover expenses in the new Firearms Training and Safety Course Cash Fund. Not only is the use of this money for the new licensing scheme an outright assault on the rights of everyone, especially the underprivileged, it is illegal. Money from the Wildlife Cash Fund can only be spent as authorized by state statute. This authorized spending is specific to management of wildlife and wildlife habitats, backcountry search and rescue operations, compensation for livestock losses due to gray wolves, and other wildlife specific activities. The primary source of funding for the Wildlife Cash Fund is hunting and fishing licenses, state parks passes, donations and grants. Redirecting these funds to support gun control that in part still bans the same firearms used by hunters, betrays the trust of hunters and outdoor enthusiasts who expect their contributions to support natural resource conservation.

4. Making The Budget Crisis Worse. By engaging in fiscal practices that increase state revenue by approximately $4.9 million, including revenue subject to TABOR (through CBI background checks and fingerprinting), SB25-003 triggers a mandated increase in TABOR refunds, estimated at $2,125,000 for fiscal year 2025-2026. This will occur in a fiscal environment where Colorado is grappling with a $1.2 billion budget shortfall. The obligated refund exacerbates the budget shortfall and places an additional strain on the state’s budget, intensifying the state’s fiscal crisis. Additionally, in the fiscal note of SB25-003 you will find a technical note stating that the use of the Wildlife Cash Fund mentioned above would require an amendment to state statute allowing this cash fund to pay for costs associated with the bill. Without an amendment, another funding source would need to be identified.

Bottom line. Even with the shell game described above, the fiscal note on SB25-003 as written still takes a $1.15 million bite out of the state budget while these same lawmakers are voting to cut crime and violence intervention programs, youth programs, mental health support, and more.  

What can you do? 

Contact all CPW commissioners and directors, along with Governor Polis, and tell them you are not okay with their involvement in aiding to implement one of the nation’s most egregious gun control measures this nation has ever seen! Use the buttons below to email them all at once.

Also contact all Democrat State House Reps using the button below.