The 2023 and 2024 legislative sessions produced the most significant state-level firearm law changes in over a decade, with Colorado, Michigan, Minnesota, Washington, and other states enacting substantial regulatory expansions while Constitutional carry adoptions continued across Republican-led states. For practicing attorneys advising clients on firearm acquisitions, transfers, concealed carry, and self-defense matters, the 2023-2024 legislative wave requires substantial updates to client compliance guidance and legal strategy. This article summarizes the major 2023-2024 state firearm law changes with particular attention to Colorado's comprehensive gun safety package signed by Governor Jared Polis and Michigan's 2023 legislation signed by Governor Gretchen Whitmer, both producing substantial changes effective in 2023-2024.
Colorado's 2023 Gun Safety Package
Colorado's 2023 legislative session produced the most significant firearm law changes in Colorado history. Governor Jared Polis signed a comprehensive package of gun safety legislation that fundamentally altered firearm purchase and ownership requirements in Colorado.
SB 23-169: Firearm Purchase Age Raised to 21
Colorado Senate Bill 23-169, signed by Governor Jared Polis on April 28, 2023 and effective August 7, 2023, raised the minimum age to purchase and possess all firearms in Colorado from 18 to 21 years. The legislation makes Colorado meaningfully more restrictive than federal law, which requires 21+ for handgun purchases but only 18+ for long guns from licensed firearms dealers.
SB 23-169 was sponsored by Senators Kyle Mullica (D-Thornton) and Jessie Danielson (D-Wheat Ridge), along with House Majority Leader Monica Duran (D-Wheat Ridge) and State Representative Eliza Hamrick (D-Centennial). The legislation includes specific exceptions for:
- Active members of the United States armed forces
- Peace officers
- Individuals certified by the Colorado Peace Officer Standards and Training (P.O.S.T.) board
- Hunter education course participation
- Target shooting at authorized ranges
- Organized shooting competition participation
- Hunting, trapping, and wildlife management activities
- Supervised training under certified instructors 25+ years old
- Accredited gunsmithing courses
- Transport with unloaded firearm to permitted activities
Violation penalties: Purchasing a firearm in violation of SB 23-169 is a Class 2 misdemeanor; transferring or selling a firearm in violation is a Class 1 misdemeanor. Attorneys advising clients should note that these are relatively low-level offenses but may carry secondary consequences for CCW permit eligibility and future firearm purchases. Comprehensive analysis of Colorado's 2023 firearm legislation and ongoing CCW permit requirements provides additional context on the full regulatory framework.
HB 23-1219: 3-Day Waiting Period
Colorado House Bill 23-1219 established a mandatory 3-day (72-hour) waiting period before a firearms seller may deliver a firearm to a purchaser. Effective October 1, 2023, the waiting period is calculated as the later in time of 3 days after initiation of the required background check or when the purchase is approved following background check completion.
The waiting period applies to all firearm sales from federally licensed dealers including handguns, rifles, and shotguns. Limited exceptions include certain law enforcement transfers and transfers to peace officers. Importantly for attorneys counseling permit holders, Colorado CHP holders are NOT exempt from the waiting period (unlike some states that exempt permit holders from waiting periods). Colorado joined approximately 11 states with mandatory firearm delivery waiting periods under HB 23-1219.
Attorney Advisory Considerations — Colorado
Colorado attorneys should update client intake procedures and compliance guidance to address several practical implications of the 2023 legislation:
- Age 21 minimum applies retroactively to any firearm acquisition or possession after August 7, 2023, regardless of when purchase was initiated
- 18-20 year olds who possessed firearms before SB 23-169 effective date have limited grandfather protection — contact qualified counsel
- Transfer violations create secondary consequences for Concealed Handgun Permit eligibility under CRS 18-12-203
- Waiting period applies to all transactions regardless of purchaser's CHP status
- Interstate transactions involving Colorado residents must comply with Colorado's 21+ minimum age
Michigan's 2023 Gun Safety Package
Michigan's 2023 legislative session produced the state's most significant firearm law changes in decades. Governor Gretchen Whitmer signed a comprehensive package of gun safety legislation, with all major provisions taking effect February 13, 2024.
Extreme Risk Protection Orders — Senate Bill 83 and House Bill 4146
Michigan became the 21st state with a red flag law through Senate Bill 83 and House Bill 4146, signed by Governor Whitmer and effective February 13, 2024. The Extreme Risk Protection Order (ERPO) allows multiple categories of petitioners to seek court orders temporarily removing firearms from individuals presenting significant risk of harming themselves or others.
Michigan's ERPO law authorizes petitions by:
- Law enforcement officers
- Family members of the respondent
- Household members of the respondent
- Current and former partners (dating or domestic)
- Healthcare providers who have examined or treated the respondent
The ERPO process includes:
- Petitioner files sworn petition with court detailing specific risk factors
- Court may issue temporary ERPO ex parte for immediate risk situations
- Full hearing scheduled within statutory time frame
- Respondent has right to counsel at hearing
- If ERPO granted, respondent must surrender firearms temporarily
- Respondent may petition for ERPO termination during order period
During 2025, the first full year of ERPO implementation in Michigan, petitioners filed 504 ERPO petitions with Michigan courts, resulting in 407 orders being granted — an approximately 81% grant rate. These initial implementation statistics provide important context for attorneys evaluating ERPO defense strategies. Detailed analysis of Michigan's ERPO framework and 2023 firearm legislation covers the full regulatory structure.
Universal Background Checks — Public Acts 17-19 of 2023
Michigan Public Acts 17-19 of 2023 expanded background check requirements to cover ALL firearm transfers — previously only handgun transfers required background checks, and long gun private sales were exempt from background check requirements under Michigan law. The 2024-effective legislation requires:
- All firearm transfers require background checks including private sales
- Long gun purchases now require the same background check as handgun purchases
- Private sales must be processed through licensed FFL dealers or through valid purchase licenses
- Exceptions include transfers between immediate family members and inheritance
- Purchase license requirement expanded to all firearms (previously handguns only)
Safe Storage Law
Michigan's safe storage law imposes criminal penalties on firearm owners whose weapons end up accessible to minors. The legislation creates liability for firearm owners when:
- A minor accesses an improperly stored firearm
- The minor shows the firearm to others, even without discharge
- The minor uses the firearm to harm themselves or another person
Criminal charges apply even if the firearm is never fired — mere possession of an improperly stored firearm by a minor triggers potential liability. Michigan firearm owners must store weapons in locked containers or with trigger locks when minors are or may be present in the home. Attorneys should counsel firearm-owning clients with minor children or guests regarding compliance with the safe storage requirements.
Domestic Violence Firearm Prohibition
Michigan's 2023 legislation imposed an 8-year prohibition on firearm possession for individuals convicted of misdemeanor domestic violence offenses. This state-level prohibition is separate from and additional to federal Lautenberg Amendment restrictions under 18 USC 922(g)(9). The state-level 8-year prohibition applies even if the federal Lautenberg Amendment restrictions do not apply due to procedural exceptions.
Attorney Advisory Considerations — Michigan
Michigan attorneys should update client guidance to address:
- ERPO respondent representation strategies and timeline considerations
- Updated purchase license requirements for all firearm transactions
- Safe storage compliance to avoid criminal liability
- DV conviction consequences including 8-year state prohibition
- Interstate transfer implications where Michigan residents purchase firearms in neighboring states
- CPL application impact of DV convictions and ERPO orders
Other Notable 2023-2024 State Legislative Developments
Minnesota 2023 Legislative Package
Minnesota's 2023 legislative session produced similar expansion legislation including universal background checks for private firearm transfers (previously limited to purchases from licensed dealers) and enactment of a red flag law (Extreme Risk Protection Order) allowing petition-based temporary firearm removal.
Washington 2023 Legislation
Washington State enacted significant 2023 firearm legislation including:
- Assault weapons sales ban (ongoing federal court challenges)
- 10-day waiting period for all firearm sales
- Mandatory firearm training requirement for permit holders
- Expanded prohibited location restrictions
Illinois Protect Illinois Communities Act (PICA)
The Protect Illinois Communities Act, signed by Governor J.B. Pritzker in January 2023, prohibited sale and transfer of assault weapons and large-capacity magazines in Illinois. Federal courts have been actively reviewing the legislation, with ongoing litigation at the Seventh Circuit Court of Appeals. The Supreme Court declined to grant certiorari in Harrel v. Raoul in 2024, allowing the Seventh Circuit's partial upholding of PICA to stand pending further proceedings.
Constitutional Carry Expansions
While restrictive legislation dominated some state capitals, Constitutional carry continued expanding during 2023-2024:
- Florida: Governor Ron DeSantis signed HB 543 on April 3, 2023, effective July 1, 2023, making Florida the 26th Constitutional carry state
- Nebraska: Governor Jim Pillen signed LB 77 in April 2023, making Nebraska the 27th Constitutional carry state
- North Carolina: Overrode gubernatorial veto to repeal pistol purchase permit requirement in March 2023
- Louisiana: Enacted Constitutional carry in 2024, becoming the 28th Constitutional carry state
- South Carolina: Enacted Constitutional carry in 2024, becoming the 29th Constitutional carry state
Several states that adopted Constitutional carry in 2022 saw continuing implementation refinements during 2023-2024, including Ohio (where the SB 215 duty-to-notify provisions continue to be applied by state courts) and Indiana (where ongoing litigation regarding prohibited person definitions continues). Ohio's Constitutional carry implementation under SB 215 and ORC 2923.111 and Indiana's framework under HEA 1296 and IC 35-47-2 provide ongoing state-level analysis for attorney practice areas.
Federal Developments Affecting State Firearm Law
Several federal developments during 2023-2024 significantly affected state-level firearm law practice and client advisory considerations.
Bipartisan Safer Communities Act Implementation
The Bipartisan Safer Communities Act (BSCA), signed by President Biden in June 2022, continued implementation during 2023-2024. Key BSCA provisions affecting state practice include:
- Enhanced NICS background checks for purchasers 18-20 years old (including juvenile records review and mental health adjudication review)
- Expanded federal prohibitions on firearm trafficking
- Clarified Gun Control Act "engaged in the business" definitions for firearm dealer licensing
- Funding for state crisis intervention programs including state ERPO implementation
United States v. Rahimi (2024)
The Supreme Court's June 2024 decision in United States v. Rahimi, 602 U.S. ___ (2024), upheld federal firearm prohibitions for persons subject to domestic violence protection orders under 18 USC 922(g)(8). The 8-1 decision clarified aspects of the NYSRPA v. Bruen historical analogue framework while preserving federal DV firearm restrictions. Rahimi's reasoning has influenced subsequent lower federal court decisions regarding ERPO constitutionality and related firearm restrictions.
ATF Stabilizing Brace Rule
The ATF's "Final Rule on Factoring Criteria for Firearms with Attached 'Stabilizing Braces'" was struck down by multiple federal circuit courts during 2023-2024, including the Fifth Circuit's decision in Mock v. Garland and the Eighth Circuit's related rulings. The rule's invalidation has implications for state firearm classification issues where state law incorporates federal definitions.
Missouri Second Amendment Preservation Act Litigation
Missouri's Second Amendment Preservation Act (SAPA), enacted under HB 85 and signed by Governor Mike Parson in June 2021, continued federal court litigation during 2023-2024. U.S. District Judge Brian Wimes ruled SAPA unconstitutional, with the Eighth Circuit Court of Appeals subsequently reviewing the decision. Federal courts have generally held that SAPA violates the Supremacy Clause by purporting to invalidate federal firearm laws within Missouri. Analysis of Missouri's firearm law framework including SAPA litigation provides context on the ongoing federal-state preemption questions.
The One Big Beautiful Bill Act and NFA Tax Stamp Elimination
The most significant federal firearms legislation affecting attorney practice during 2025-2026 was the One Big Beautiful Bill Act (OBBBA), H.R. 1, signed by President Trump on July 4, 2025. The legislation's firearm provisions, taking effect January 1, 2026, eliminated the $200 National Firearms Act transfer tax for:
- Suppressors (silencers)
- Short-barreled rifles (SBRs)
- Short-barreled shotguns (SBSs)
- Any other weapons (AOWs)
The $200 NFA tax stamp remains in place for machine guns and destructive devices. All other NFA requirements including Form 4 paperwork, fingerprinting, background check, and NFA Branch processing remain unchanged. Attorneys advising clients on NFA matters should note the January 1, 2026 effective date and the specific categories of NFA items affected by the tax elimination.
State Preemption Litigation and Developments
Multiple states addressed firearm preemption during 2023-2024, with varied results:
- Michigan: Several Michigan municipalities enacted local firearm restrictions during 2023-2024 that face preemption challenges under state law
- Colorado: The state's firearm preemption statute continues to allow local jurisdictions limited regulatory authority, particularly regarding open carry in parks
- Pennsylvania: Philadelphia's distinctive status as a "city of the first class" allows additional local firearm regulation that other Pennsylvania localities cannot enact
- Illinois: Chicago's firearm regulations face ongoing constitutional challenges under both state preemption and federal Second Amendment doctrine
Practical Attorney Guidance for 2026
Client Intake and Compliance Updates
Attorneys with firearm-related practice should update client intake procedures to address:
- Jurisdiction-specific age requirements — Colorado 21+ for all firearms, federal 21+ for handguns and 18+ for long guns from FFLs, varied state Constitutional carry minimums (18+ to 21+)
- Waiting period compliance — Colorado 3-day waiting period, Washington 10-day waiting period, state-specific requirements
- Universal background check requirements — Colorado, Washington, Michigan, Minnesota, California, New York, New Jersey, and other states
- ERPO respondent representation — Michigan, Colorado, New York, California, and 17 other states
- Safe storage compliance — Michigan criminal liability, California criminal and civil liability, varied state requirements
- DV conviction consequences — Federal Lautenberg Amendment plus state-specific prohibitions (Michigan 8 years)
Interstate Practice Considerations
Clients traveling across state lines with firearms require sophisticated advisory services given the complex interaction of:
- Federal Firearm Owners Protection Act (FOPA) transport protections
- State reciprocity agreements for concealed carry permits
- Prohibited location variations across states
- Varying definitions of "prohibited persons" and "qualifying adults"
- Magazine capacity restrictions in Colorado, California, New Jersey, New York, Washington, and other states
For clients purchasing firearms through interstate FFL transfers, attorneys should verify both federal compliance and both-state law compliance. Comprehensive state-by-state firearm law resources including Arizona Constitutional carry framework analysis support attorney practice areas requiring interstate firearm law coverage.
Looking Ahead: 2026-2027 Developments
Several ongoing developments will likely affect state firearm law practice during 2026-2027:
- National Constitutional Carry Act: Introduced by Senator Mike Lee in March 2026, the legislation would establish federal Constitutional carry authority. Prospects remain uncertain given political division
- Federal 21+ handgun age challenges: Ongoing Fifth Circuit litigation in Reese v. BATFE may ultimately affect the federal 21+ handgun purchase age requirement from FFLs
- State ERPO litigation: Michigan, Colorado, New York, and California ERPO laws face ongoing federal constitutional challenges following Rahimi
- Assault weapons ban litigation: Illinois, California, Washington, New York, Massachusetts, and other state assault weapons bans face ongoing federal court review
- Permit reciprocity consolidation: Several states continue adjusting reciprocity determinations as destination state laws change
- West Virginia age reform: HB 4106 lowered Constitutional carry minimum age from 21 to 18, effective April 1, 2026
Conclusion
The 2023-2024 state firearm legislative wave produced significant changes that require attorney practice updates across multiple jurisdictions. Colorado's SB 23-169 and HB 23-1219 fundamentally altered Colorado firearm purchase requirements. Michigan's ERPO legislation under Senate Bill 83 and House Bill 4146, universal background check expansion under Public Acts 17-19 of 2023, safe storage law, and 8-year DV prohibition established new compliance frameworks requiring client advisory updates. Federal developments including United States v. Rahimi, the ATF stabilizing brace rule litigation, and the One Big Beautiful Bill Act's NFA tax stamp elimination add additional layers of complexity to firearm law practice.
Attorneys with firearm-related practice should maintain updated resources covering state-specific requirements, interstate reciprocity considerations, and ongoing federal litigation developments. Comprehensive state-by-state firearm law analyses from established firearms industry resources support attorney compliance guidance across the complex multi-jurisdictional firearm law landscape.
Additional Resources
For comprehensive state-by-state firearm law analyses covering concealed carry frameworks, 2023-2024 legislative changes, and current compliance requirements:
- Colorado 2023 firearm legislation — SB 23-169 and HB 23-1219 analysis
- Michigan 2023 firearm legislation — ERPO, universal background checks, safe storage analysis
- Ohio Constitutional carry — SB 215 implementation and ORC 2923.111 analysis
- Indiana Constitutional carry — HEA 1296 implementation and IC 35-47-2 analysis
- Missouri Constitutional carry — SB 656, SAPA litigation, and RSMo 571.030 analysis
- Arizona Constitutional carry — ARS 13-3102 and CWP analysis
Legal citations: 18 USC 922; Colorado Senate Bill 23-169 (2023); Colorado House Bill 23-1219 (2023); Michigan Senate Bill 83 (2023); Michigan House Bill 4146 (2023); Michigan Public Acts 17-19 (2023); NYSRPA v. Bruen, 597 U.S. 1 (2022); United States v. Rahimi, 602 U.S. ___ (2024); Mock v. Garland (5th Cir. 2023); One Big Beautiful Bill Act, H.R. 1 (2025).
This article provides general legal information and is not legal advice. Attorneys and clients should consult qualified counsel for specific legal matters.
