D:\dist\text\1270

Second Regular Session

Seventy-fourth General Assembly

STATE OF COLORADO

INTRODUCED

LLS NO. 24-0008.01 Conrad Imel x2313

HOUSE BILL 24-1270

House Committees Senate Committees

Business Affairs & Labor

A BILL FOR AN ACT

ONCERNING A REQUIREMENT THAT FIREARM OWNERS MAINTAIN101

LIABILITY INSURANCE, AND, IN CONNECTION THEREWITH,102

REQUIRING INSURERS TO MAKE COVERAGE AVAILABLE IN103

HOMEOWNERS AND RENTERS INSURANCE POLICIES FOR104

DAMAGES RESULTING FROM ACCIDENTAL OR UNINTENTIONAL105

DISCHARGE OF A FIREARM.106

Bill Summary

(Note: This summary applies to this bill as introduced and does

not reflect any amendments that may be subsequently adopted. If this bill

passes third reading in the house of introduction, a bill summary that

applies to the reengrossed version of this bill will be available at

http://leg.colorado.gov

The bill requires firearm owners to maintain a liability insurance

HOUSE SPONSORSHIP

Woodrow and Jodeh,

SENATE SPONSORSHIP

Hansen,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law.

Dashes through the words or numbers indicate deletions from existing law.

policy that covers losses or damages to a person, other than the

policyholder, who is injured on the insured property as a result of any

accidental or unintentional discharge of the firearm (firearm liability

insurance). Failure to maintain a firearm liability insurance policy is a

civil infraction. A first offense is punishable by a minimum $500 fine,

half of which may be suspended if the person has obtained firearm

liability insurance. A second offense within 5 years of a prior offense is

punishable by a minimum $1,000 fine.

The bill permits a person who was denied firearm liability

insurance by 2 or more insurers or a person who is indigent and cannot

afford the insurance to petition a court for an order declaring that the

person is excused from the firearm liability insurance requirement. The

court shall issue the order if it finds that the person is likely to behave

prudently and safely in the storage, carrying, and use of a firearm and that

the person has a gun safe or other secure container to store the firearm.

The requirement to maintain firearm liability insurance does not apply to

a person who holds a valid court order declaring the person is excused

from the requirement.

The bill requires an insurer to make available to an applicant the

opportunity to include in a homeowners or renters insurance policy

coverage that satisfies the firearm liability insurance requirement. An

insurer may deny firearm liability coverage to an applicant based on the

insurer's individualized assessment of the risk related to covering the

applicant.

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. Legislative declaration. (1) The general assembly2

finds and declares that:3

(a) Beginning in the 1830s, U.S. jurisdictions enacted surety laws4

that required certain firearm owners to post a surety bond that would be5

forfeited if the firearm owner failed to keep the peace;6

(b) Historical surety laws did not prohibit anyone from possessing7

or carrying arms but incentivized responsible firearm possession by8

requiring a surety that the owner would forfeit in the event that the owner9

breached the peace;10

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surety laws during the nineteenth century; and1

(d) The historical surety laws are analogous to modern liability2

insurance that does not prohibit firearm ownership or use.3

SECTION 2. In Colorado Revised Statutes, add 18-12-116 as4

follows:5

18-12-116. Firearm liability insurance required - evidence of6

policy - penalties - petition declaring person uninsurable - repeal.7

(1) (a) A

RESIDENT OF COLORADO WHO OWNS A FIREARM SHALL OBTAIN8

AND CONTINUOUSLY MAINTAIN IN FULL FORCE AND EFFECT A9

HOMEOWNERS, RENTERS, OR OTHER LIABILITY INSURANCE POLICY FROM10

A NONADMITTED INSURER, AS DEFINED IN SECTION 10-5-101.2, OR AN11

INSURER AUTHORIZED TO DO BUSINESS IN COLORADO THAT COVERS12

LOSSES OR DAMAGES OF AT LEAST ONE HUNDRED THOUSAND DOLLARS TO13

ALL PERSONS ARISING FROM ANY ONE INCIDENT TO A PERSON, OTHER THAN14

THE INSURED, WHO IS INJURED ON THE INSURED PROPERTY AS A RESULT OF15

ANY ACCIDENTAL OR UNINTENTIONAL DISCHARGE OF THE FIREARM,16

INCLUDING, BUT NOT LIMITED TO, DEATH, INJURY, OR PROPERTY DAMAGE.17

(b) (I) N

OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, A18

PERSON WHO OWNS A FIREARM ON THE EFFECTIVE DATE OF THIS SECTION19

SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION WITHIN NINETY20

DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.21

(II) T

HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JUNE 30,22

2025.23

(2) (a) F

OR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED24

TO BE THE OWNER OF A FIREARM THAT IS LOST OR STOLEN UNTIL THE LOSS25

OR THEFT IS REPORTED TO A LAW ENFORCEMENT AGENCY IN COMPLIANCE26

WITH SECTION 18-12-113.27

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(b) FOR THE PURPOSES OF THIS SECTION, AN INSURANCE POLICY1

DECLARATIONS PAGE PROVIDED TO A FIREARM OWNER BY AN INSURER2

THAT DESCRIBES COVERAGE THAT COMPLIES WITH THE REQUIREMENTS OF3

THIS SECTION IS EVIDENCE OF A POLICY.4

(3) T

ESTIMONY OF THE FAILURE OF A FIREARM OWNER TO PRESENT5

EVIDENCE OF A COMPLYING POLICY IN FULL FORCE AND EFFECT WHEN6

REQUESTED TO DO SO BY A PEACE OFFICER IS PRIMA FACIE EVIDENCE THAT7

THE FIREARM OWNER HAS VIOLATED SUBSECTION (1) OF THIS SECTION.8

(4) A

PERSON CHARGED WITH VIOLATING SUBSECTION (1) OF THIS9

SECTION SHALL NOT BE CONVICTED IF THE PERSON HAD A POLICY THAT10

COMPLIES WITH SUBSECTION (1) OF THIS SECTION THAT WAS IN FULL FORCE11

AND EFFECT AT THE TIME OF THE ALLEGED VIOLATION.12

(5) (a) A

VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A CIVIL13

INFRACTION, PUNISHABLE BY A FINE AS DESCRIBED IN THIS SUBSECTION14

(5).15

(b) U

PON A FIRST CONVICTION FOR A VIOLATION OF SUBSECTION16

(1)

OF THIS SECTION, THE COURT SHALL IMPOSE A MINIMUM17

FIVE-HUNDRED-DOLLAR FINE. THE COURT MAY SUSPEND UP TO ONE-HALF18

OF THE FINE UPON A SHOWING THAT THE PERSON HAS OBTAINED19

INSURANCE AS REQUIRED BY SUBSECTION (1) OF THIS SECTION.20

PON A SECOND OR SUBSEQUENT CONVICTION FOR A21

VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN FIVE YEARS AFTER22

A PRIOR CONVICTION FOR A VIOLATION OF THIS SECTION, THE COURT SHALL23

IMPOSE A ONE-THOUSAND-DOLLAR FINE. THE COURT SHALL NOT SUSPEND24

THE FINE.25

(6) T

HIS SECTION DOES NOT APPLY TO:26

(a) A

FEDERAL FIREARMS LICENSEE;27

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(b) A PERSON WHO HOLDS A VALID ORDER ISSUED PURSUANT TO1

SUBSECTION (7) OF THIS SECTION DECLARING THAT THE PERSON IS2

EXCUSED FROM THE REQUIREMENT TO MAINTAIN THE INSURANCE3

COVERAGE; OR4

PERSON WHO HAS FILED A PETITION WITH A COURT FOR AN5

ORDER DECLARING THAT THE PERSON IS EXCUSED PURSUANT TO6

SUBSECTION (7) OF THIS SECTION IF THE PETITION SHOWS, ON ITS FACE,7

THAT THE PERSON IS ELIGIBLE TO BE ISSUED AN ORDER UNTIL THE COURT8

MAKES A DETERMINATION ON THE PETITION.9

(7) (a) T

HE FOLLOWING PERSONS MAY PETITION A COURT FOR AN10

ORDER DECLARING THAT THE PERSON IS EXCUSED FROM THE REQUIREMENT11

IN SUBSECTION (1) OF THIS SECTION TO MAINTAIN INSURANCE COVERAGE:12

(I) A

PERSON WHO WAS DENIED THE INSURANCE COVERAGE13

REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION BY TWO OR14

MORE INSURERS; OR15

(II) A

PERSON WHO IS INDIGENT AND WHO HAS APPLIED FOR AND16

BEEN OFFERED THE COVERAGE REQUIRED PURSUANT TO SUBSECTION (1)17

OF THIS SECTION, BUT CANNOT AFFORD THE COVERAGE.18

(b) V

ENUE FOR FILING A PETITION PURSUANT TO THIS SUBSECTION19

(7)

IS PROPER IN THE DISTRICT COURT FOR THE COUNTY IN WHICH THE20

PETITIONER RESIDES. A PETITION MUST DEMONSTRATE THAT THE21

PETITIONER SATISFIES THE REQUIREMENTS FOR AN ORDER DESCRIBED IN22

SUBSECTION (7)(d) OF THIS SECTION.23

PON RECEIPT OF A PETITION, THE COURT SHALL HOLD A24

HEARING TO MAKE A DETERMINATION AS SOON AS PRACTICABLE, BUT NO25

LATER THAN FOURTEEN DAYS AFTER THE PETITION IS FILED.26

(d) U

PON HEARING THE MATTER, THE COURT MUST ISSUE AN27

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ORDER THAT THE PERSON IS UNINSURABLE IF THE COURT FINDS BY A1

PREPONDERANCE OF THE EVIDENCE THAT THE PETITIONER:2

(I) (A) W

AS DENIED THE INSURANCE COVERAGE REQUIRED3

PURSUANT TO SUBSECTION (1) OF THIS SECTION BY TWO OR MORE4

INSURERS; OR5

(B) I

S INDIGENT AND HAS BEEN OFFERED THE COVERAGE REQUIRED6

PURSUANT TO SUBSECTION (1) OF THIS SECTION, BUT CANNOT AFFORD THE7

COVERAGE;8

(II) I

S LIKELY TO BEHAVE PRUDENTLY AND SAFELY IN THE9

STORAGE, CARRYING, AND USE OF A FIREARM; AND10

(III) P

OSSESSES A GUN SAFE OR OTHER SECURE CONTAINER TO11

STORE THE FIREARM AND THE PETITIONER DEMONSTRATES TO THE COURT12

THE LOCATION IN THE PETITIONER'S HOME WHERE THE GUN SAFE OR OTHER13

SECURE CONTAINER IS PERMANENTLY AFFIXED OR REGULARLY KEPT.14

(e) A

N ORDER ISSUED PURSUANT TO THIS SUBSECTION (7) THAT A15

PERSON IS EXCUSED FROM THE REQUIREMENT TO MAINTAIN THE16

INSURANCE COVERAGE IS VALID FOR TWO YEARS.17

(f) (I) I

N DETERMINING WHETHER GROUNDS TO ISSUE AN ORDER18

PURSUANT TO THIS SUBSECTION (7) EXIST, THE COURT MAY CONSIDER ANY19

RELEVANT EVIDENCE. IN DETERMINING WHETHER A PERSON CAN AFFORD20

THE COVERAGE REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION,21

THE COURT SHALL CONSIDER AVAILABILITY OF GRANTS AND OTHER22

NON-STATE FUNDING SOURCES AVAILABLE TO ASSIST PERSONS WITH THE23

COST OF OBTAINING THE COVERAGE.24

(II) F

OR THE PURPOSES OF THIS SUBSECTION (7), A PERSON IS25

INDIGENT IF THE PERSON WOULD QUALIFY FOR COURT-APPOINTED26

COUNSEL IN A CRIMINAL MATTER.27

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SECTION 3. In Colorado Revised Statutes, add 10-4-122 as1

follows:2

10-4-122. Firearms liability insurance - homeowners or3

renter's insurance policies - required notices - rules - definition.4

(1) A

S PART OF A HOMEOWNERS OR RENTERS INSURANCE POLICY, AN5

INSURER SHALL MAKE AVAILABLE COVERAGE FOR LOSSES OR DAMAGES TO6

A PERSON, OTHER THAN THE INSURED, WHO IS INJURED ON THE PROPERTY7

AS A RESULT OF AN ACCIDENTAL OR UNINTENTIONAL DISCHARGE OF A8

FIREARM, INCLUDING, BUT NOT LIMITED TO, DEATH, INJURY, OR PROPERTY9

DAMAGE, THAT MEETS THE REQUIREMENTS SET FORTH IN SECTION10

18-12-116.11

(2) (a) O

N AND AFTER JANUARY 1, 2026, THE APPLICATION FOR12

ISSUANCE OR RENEWAL OF A HOMEOWNERS OR RENTERS INSURANCE13

POLICY MUST INFORM THE APPLICANT:14

(I) O

F THE REQUIREMENT THAT A FIREARM OWNER MAINTAIN15

LIABILITY INSURANCE THAT COVERS LOSSES OR DAMAGES AS A RESULT OF16

ANY ACCIDENTAL OR UNINTENTIONAL DISCHARGE OF A FIREARM, AS17

DESCRIBED IN SECTION 18-12-116; AND18

(II) T

HAT THE COVERAGE MAY RESULT IN AN INCREASED PREMIUM,19

BUT THAT THE INSURER MAY REDUCE OR ELIMINATE THE PREMIUM IF THE20

APPLICANT OR POLICYHOLDER, AS APPLICABLE, SUBMITS PHOTOGRAPHIC21

OR OTHER EVIDENCE ACCEPTABLE TO THE INSURER DEMONSTRATING THAT22

THE APPLICANT OR POLICYHOLDER POSSESSES A GUN SAFE OR OTHER23

SECURE CONTAINER AND THAT SHOWS THE LOCATION IN THE HOME WHERE24

THE GUN SAFE OR OTHER SECURE CONTAINER IS PERMANENTLY AFFIXED25

OR REGULARLY KEPT.26

(b) A

N INSURER MAY DENY AN APPLICANT THE COVERAGE27

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DESCRIBED IN SUBSECTION (1) OF THIS SECTION BASED ON THE INSURER'S1

INDIVIDUALIZED ASSESSMENT OF THE RISK RELATED TO COVERING THE2

APPLICANT; EXCEPT THAT AN INSURER SHALL NOT DENY COVERAGE OR A3

CLAIM BASED SOLELY ON AN APPLICANT'S FAILURE TO RESPONSIBLY AND4

SECURELY STORE A FIREARM IN VIOLATION OF SECTION 18-12-114.5

(3) T

HE COMMISSIONER MAY ADOPT RULES NECESSARY TO6

IMPLEMENT THIS SECTION.7

(4) A

S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8

REQUIRES, "FIREARM" HAS THE SAME MEANING AS SET FORTH IN SECTION9

18-12-101.10

SECTION 4. In Colorado Revised Statutes, 10-4-110.8, add (17)11

as follows:12

10-4-110.8. Homeowners insurance - prohibited and required13

practices - estimates of replacement value - additional living expense14

coverage - copies of policies - personal property contents coverage -15

inventory of personal property - requirements concerning total loss16

scenarios resulting from wildlife disasters - rules - definitions.17

(17) A

N INSURER THAT OFFERS A HOMEOWNERS INSURANCE POLICY18

SHALL COMPLY WITH THE REQUIREMENTS RELATED TO FIREARMS19

LIABILITY SET FORTH IN SECTION 10-4-122.20

SECTION 5. Effective date. This act takes effect January 1,21

2025.22

SECTION 6. Safety clause. The general assembly finds,23

determines, and declares that this act is necessary for the immediate24

preservation of the public peace, health, or safety or for appropriations for25

the support and maintenance of the departments of the state and state26

institutions.27

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