Colorado Legislature

HB26-1021 Second Amendment Protection Act

Written by Scott James

HB26-1021 repeals a long list of Colorado firearms laws, including certain carry-location restrictions, purchase rules like the 3-day waiting period and age 21 minimum, and multiple dealer and transfer requirements. It also restores prior firearms product-liability standards and limits local firearm ordinances. Here’s why this position is support and how to weigh in.

Bill Summary

HB26-1021, the “Second Amendment Protection Act,” would repeal a wide range of Colorado laws related to firearms and other weapons. It also restores firearms product-liability provisions that existed prior to Senate Bill 23-168 and repeals the Office of Gun Violence Prevention.

As introduced, the bill repeals provisions addressing (among other items):

  • Restrictions related to carrying firearms at polling locations and drop boxes, and a presumption of election-related intimidation tied to visible firearms, imitation firearms, or toy firearms.
  • Multiple carry-related offenses and prohibitions, including in specified government buildings, licensed child care centers, and on K-12 and higher education grounds.
  • Requirements to store a firearm, including in a vehicle, and the state firearms safe storage education campaign.
  • Private transfer background checks, the minimum age of 21 to buy a firearm, and the 3-day waiting period for firearm sales.
  • Restrictions involving unserialized firearms, ammunition sales, magazine prohibitions and marking requirements, and certain semiautomatic firearm provisions.
  • Several dealer and gun show regulations, and provisions tied to payment processing for retail sales of firearms.
  • Local authority to enact ordinances governing or prohibiting the sale, purchase, transfer, or possession of firearms, ammunition, or components and accessories.

The bill also directs the State Treasurer to return certain balances related to the repealed firearms training and safety course cash fund and to return gifts, grants, and donations tied to the repealed voluntary waiver program, with specified timelines.

Position: Support

Colorado has spent years treating a constitutional right like a permission slip. HB26-1021 pulls that power back, restores statewide consistency, and reduces the habit of punishing law-abiding citizens for what criminals might do.

I believe in limited government that stays in its lane. This bill is a course correction toward constitutional rights and predictable rules.

Why I Am Taking This Position

Principle: A constitutional right should not shrink every time the political winds shift. The Second Amendment is a civil right, not a “maybe, if approved” program.

Local impact: When firearm rules vary block-by-block across jurisdictions, people who travel, work, hunt, and raise families can end up in a legal maze. The bill’s findings specifically address that inconsistency can leave citizens unsure when they may be violating local laws.

Fairness in the courts: HB26-1021 recreates and reenacts firearms and ammunition product-liability provisions to focus on actual design or manufacturing defects, or actual violations of state or federal law. It also states that manufacturers, importers, and dealers should not be held liable for the actions of another person under other theories of liability. That is basic fairness. We should punish criminals for criminal acts, not build a lawsuit industry around lawful commerce.

Uniform statewide rules on rights: I am generally a local-control guy. But when we are talking about constitutional rights, there is a strong case for uniform statewide protection so rights do not disappear at a city limit sign. One county’s lawful conduct should not become another county’s “gotcha” crime just because someone crossed a line on the map.

Workable path forward: Protect rights, enforce laws against violent offenders, and avoid criminalizing ordinary behavior. That is the balance government is supposed to strike. Dry quip, but true: if you need a spreadsheet to stay legal, the law is the problem.

Call to Action – What You Should Do!

1) Read the bill for yourself and track amendments as it moves through committee.

Read the bill

2) Contact your state representative and state senator. Tell them whether you support repealing these provisions and why.

3) If you support this bill, ask lawmakers to keep the language clear and enforceable, and to focus criminal enforcement on people who intend harm, not citizens trying to comply.

About the author

Scott James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.