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HB 25-1171

Possession of Weapon by Previous Offender Crimes

2025 Regular Session Introduced by Ryan Armagost and 13 co-sponsors

Adds motor vehicle theft in the first degree (and attempts) to bans on firearm possession, with a 10-year petition for court to restore rights after final disposition or release.

Governor Signed
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Bill Summary · HB 25-1171

Summary — HB 25-1171 (Possession of Weapon by Previous Offender Crimes)

Status: Governor signed — Effective May 19, 2025
Introduced: February 6, 2025
Statutory change: Colo. Rev. Stat. § 18-12-108 (Possession of Weapons by Previous Offenders)

Main purpose

HB 25-1171 expands the list of prior offenses that bar a person from possessing, using, or carrying a firearm by adding motor vehicle theft in the first degree (and attempt or conspiracy to commit that offense). It also creates a limited post-conviction process by which an eligible person may petition a court to remove that statutory prohibition after a waiting period.

Key provisions

  • Adds “motor vehicle theft in the first degree” (see § 18-4-409(2)) to the list of felony convictions that prohibit firearm possession under the POWPO statute (18-12-108(7)(n.5)).
  • Creates a petition process (new subsection 18-12-108(3.5)):
    • A person convicted of first-degree motor vehicle theft (or attempt/conspiracy) may petition a court for an order finding that the POWPO prohibition does not apply if at least 10 years have passed since the final disposition of proceedings or since release from supervision (whichever is later).
    • The statute directs the court to enter such an order upon a proper request that meets the subsection’s conditions.
  • Applicability: applies to offenses committed on or after the effective date.

Who is affected

  • Individuals with convictions for motor vehicle theft in the first degree (including attempt/conspiracy) on or after May 19, 2025 — they become subject to the felony-based firearm-possession prohibition, but may seek restoration of firearm rights through the 10-year petition.
  • State and local criminal justice actors: trial courts, probation, district attorneys (county-funded), public defender/indigent defense offices, and the Department of Corrections to the extent sentencing patterns change.
  • Law enforcement and records systems that track statutory prohibitions on firearms.

Fiscal and procedural impacts

  • Final Legislative Council fiscal note: minimal ongoing state revenue and expenditures; no appropriation required. Earlier draft notes estimated small costs (e.g., an initial FY25‑26 budget ask of $16,026 and 0.2 FTE), but the enacted bill’s final fiscal note reports minimal impact.
  • Any additional criminal cases and related probation or DOC sentences are expected to be small in number. Fines for a class 5 felony range $1,000–$100,000; fine/court fee revenue is subject to TABOR.
  • Effective date: bill took effect upon the Governor’s signature and applies to offenses committed on or after that date (Governor signed May 19, 2025).

Legislative history (high‑level)

  • Passed both chambers with committee amendments; sent to Governor May 13, 2025; signed into law May 19, 2025. (Complete action history available in the bill file.)

Compiled from official sources — confirm details with the bill’s official record.

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