The Denver Broncos are on the market for a backup quarterback, but free agent Colin Kaepernick is not on their radar.

That’s because the team previously offered Kaepernick a contract and he turned them down, according to Denver general manager John Elway.

Elway revealed that story when he was asked if signing Kaepernick was a “viable option” during a press conference on Thursday.

“You know what, and I said this a while ago: Colin had his chance to be here,” Elway said. “We offered him a contract. He didn’t take it. And as I said at my deposition – and I don’t know if I’ll be legally able to say this- but he had his chance to be here. He passed it.”

While the dose of honesty from Elway is refreshing, it could be an issue moving forward in Kaepernick’s ongoing collusion case against the NFL.

The biggest reason for that, besides Elway potentially violating a gag order by referencing his deposition in the case in a public forum, is he is indicating the team isn’t interested in Kaepernick because he previously turned them down.

The problem there is the same thing happened with quarterback Brock Osweiler, a player the Broncos had on their team who rejected a contract offer to stay and instead inked a deal with the Texans.

Osweiler was terrible, was traded to the Browns, was still terrible, and was then cut by the Browns for being terrible. Then, despite the fact that he turned down their original offer, Denver brought him back.

Since they aren’t willing to do that with Kaepernick, it could potentially be evidence of collusion.