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Legislative Year: 2021 Change

Bill Detail: HB21-1082

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Title Gun Transfer Background Check Permit Exemption
Status House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely (03/17/2021)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors H. McKean (R)
Senate Sponsors
House Committee State, Civic, Military and Veterans Affairs
Senate Committee
Date Introduced 02/16/2021

Federal law requires federally licensed firearms dealers to conduct

background checks of prospective transferees prior to transferring a
firearm by contacting the national instant criminal background check
system (NICS). A dealer is not required to conduct a NICS background
check of a prospective transferee if the transferee presents a state license
or permit that is recognized by the federal bureau of alcohol, tobacco,
firearms, and explosives (ATF) as an alternative to a NICS background
check. In order to be eligible for recognition, a permit must have been
issued within 5 years before the transfer and the state must have
completed a NICS background check prior to issuing the permit.
The bill makes a Colorado-issued permit to carry a concealed
handgun eligible for recognition as an alternative to a NICS background
check by requiring a sheriff to receive the results of a background check
prior to issuing or renewing the permit. The Colorado attorney general is
required to contact the ATF to request that a Colorado-issued permit
qualifies as an alternative to the federal background check requirement.
Upon approval by the ATF, a concealed carry permit issued after the
effective date of the bill can be used to satisfy a background check
required by state or federal law. A permit issued in another state that is
otherwise recognized in Colorado is not valid as a substitute for a
background check.
A prospective transferee who presents a permit as an alternative to
a background check must attest, in writing, that the person has not, since
the issuance of the permit, been convicted of a crime of domestic violence
or been treated for a mental health condition, or is otherwise ineligible to
possess a firearm pursuant to state or federal law.

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