In 2019, Colorado created a “red flag” law. This law allowed a family member or a law enforcement officer to petition a judge to order the temporary seizure of firearms from people found to be a significant risk to themselves or others. This past session, the Governor signed Senate Bill 170 into law. This law expands who can petition the court for firearm removal to include, in addition to family and law enforcement, health care providers, district attorneys, and teachers.
A Raise of the Minimum Age for Purchase
Senate Bill 169 was also signed into law. This law raised the minimum age to buy a firearm from 18 to 21 years old. Prior to Senate Bill 169, it was illegal for anyone younger than 21 to purchase a handgun. An eighteen-year-old could still purchase a long gun. Now, a person must be 21 to purchase either. A violation of this new law makes it a Class 2 misdemeanor for a person under 21 to purchase any firearm or for a private seller to sell to someone younger than 21. It is a Class 1 misdemeanor for a licensed dealer to sell a firearm to anyone younger than 21. The new law creates exceptions for persons in the military and law enforcement.
A Waiting Period
House Bill 1219 establishes a waiting period before a firearm dealer can deliver a purchased firearm to the buyer after a sale. Once a person purchases a firearm, the dealer cannot deliver the firearm to the buyer for either three days after the ordering of a background check or when the background check is received, whichever is longer. A dealer who violates this law can be charged with a civil infraction and have to pay a $500.00 fine for a first offense and a fine of between $500 and $5,000 for a second offense.
New Opportunities in Product Liability
Senate Bill 168 makes it easier to pursue claims against gun manufacturers in product liability cases. The new law repealed limitations on manufacturer or design defect cases brought against firearm and ammunition manufacturers. A cause of action can now be brought against manufacturers for violations of firearm industry standards of responsible conduct. The new law also removed the limitation on liability for the acts of intervening third parties. The statute of limitations for claims arising under SB 168 is five years from the date of the violation or the date the injury occurred.
If You Need Legal Help
The Bussey Law Firm, P.C. is well-equipped to provide legal assistance to Coloradoans in need. If you’ve been injured as a result of a poorly manufactured weapon, or if you have been accused by police of breaking a law concerning the sale or use of a weapon, we may be able to help. Call us at (719) 475-2555 for a free consultation.