BAD BILL PASSED
Sponsors: Rep. Javier Gilchrist (D), Rep. Andrew Boesenecker (D-Fort Collins), Sen. Tom Sullivan (D-Centennial), Sen. Katie Wallace (D-Westminster)
Status: Passed House Judiciary Committee 7-4 (February 18), advanced to Committee of the Whole
The House Judiciary Committee approved legislation criminalizing possession of computer files containing firearm design information and prohibiting citizens from manufacturing firearms using 3D printers. Democrats voted 7-4 along party lines to advance the bill despite First Amendment and Second Amendment concerns.
The bill prohibits manufacturing firearms or firearm components using 3D printers or CNC milling machines. It criminalizes possessing “digital instructions” for 3D printing firearms “in circumstances that indicate intent to manufacture” and prohibits distributing such files. Violations are Class 1 misdemeanors, with second offenses becoming Class 5 felonies.
The legislation defines “digital instructions” as “computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model.” Federally licensed manufacturers are exempted from manufacturing and possession prohibitions but not from distribution restrictions.
Ben Bessler testified the bill violates the Colorado Constitution and First Amendment. Colorado’s Constitution states “No law shall be passed impairing the freedom of speech.” Federal courts have repeatedly held that computer code and digital instructions constitute protected speech.
The Ninth Circuit in Bernstein v. United States Department of Justice held digital instructions including source code are protected speech. The Fifth Circuit in Defense Distributed v. State Department held that suppressing online firearm CAD files triggers First Amendment prior restraint analysis. The Supreme Court ruled in Stanley v. Georgia that government may not criminalize mere private possession of information. The Colorado Supreme Court in Tattered Cover v. City of Thornton held that even instructional materials for making methamphetamines are protected.
Laws regulating speech based on subject matter face strict scrutiny. “This is content-based and is a speaker-based impairment of speech,” Bessler said.
Chair Mabrey acknowledged First Amendment concerns, comparing firearm design files to the Anarchist Cookbook and noting such possession “alone is generally protected under the First Amendment.” He expressed desire for “cleanup language” to ensure the bill is “as precise and legally sound as possible” but voted yes.
The bill also raises Second Amendment questions. Federal law permits individuals to manufacture firearms for personal use without licensing. The Supreme Court in Heller (2008) held the Second Amendment protects arms “in common use.” Does the right to keep arms include the right to make arms?
Sponsors cited the Club Q shooter who built 3D printed guns before the shooting and a 2025 Colorado Springs operation recovering hundreds of 3D printed rapid fire devices. They argued 3D firearms lack serial numbers and require no background checks.
The fiscal note projects minimal impact. From FY 2022-23 to FY 2024-25, only one person was convicted under existing law for 3D printing unserialized firearm frames.
The committee voted 7-4 along party lines, with Democrats supporting and Republicans opposing. The bill advances to the Committee of the Whole.
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