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Legislative Year: 2021 Change
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Bill Detail: HB21-1255

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Title Protection Order Issued Against Domestic Abuser
Status Governor Signed (06/22/2021)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors M. Gray (D)
M. Duran (D)
Senate Sponsors B. Pettersen (D)
S. Jaquez Lewis (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 04/05/2021
Summary

The bill modifies the required procedures relating to a respondent's
firearms or ammunition following the issuance of a protection order.
The bill requires a person to complete an affidavit, which must be
filed in the court record within 7 business days after a protection order is
issued against them, stating the number of firearms, the type of each
firearm, and the location of all firearms in the person's immediate

possession or control. If the person does not possess a firearm at the time
the order is issued, the person shall indicate such nonpossession in the
affidavit.
The bill requires the court to conduct a compliance hearing within
7 business days after the issuance of a protection order if the person has
not completed the affidavit. For criminal cases, the court may consider the
issue in other proceedings before the court and the hearing is considered
a court action involving a bond reduction or modification. Information
compelled or any information directly or indirectly derived from
testimony, the affidavit, or other information shall not be used against the
defendant in any criminal case, except for prosecution of perjury.
The bill excludes legal holidays and weekends from the current
time frame a person has to relinquish a firearm. The bill allows a court to
grant a person an additional 24 hours to relinquish a firearm if the person
is unable to comply with the required time frame of relinquishment.
The bill requires a federally licensed firearms dealer, law
enforcement agency, or private party to issue a signed declaration
memorializing the sale or transfer of the firearm.
The bill allows a law enforcement agency to enter into an
agreement with any other law enforcement agency or storage facility for
the storage of transferred firearms. The bill requires a law enforcement
agency that elects to store a firearm to obtain a search warrant to examine
or test the firearm or facilitate any criminal investigation if the law
enforcement agency has probable cause to believe the firearm has been
used in the commission of a crime, is stolen, or is contraband.
The bill prohibits the person from transferring the firearm to a
private party living in the same residence as the person at the time of
transfer. The bill prohibits a private party from returning a firearm to the
person until the private party receives a written statement of the results of
the background check conducted by the Colorado bureau of investigation
authorizing the return of the firearm to the person.
Current law requires a copy of the written receipt and the written
statement of the criminal background check to be filed with the court as
proof of relinquishment. The bill requires the signed declaration to be
filed with the court instead of the receipt. Both the signed declaration and
written statement are only available for inspection by the court and the
parties to the proceeding.
A federally licensed firearms dealer, law enforcement agency,
storage facility, or private party that elects to store a firearm is not civilly
liable for any resulting damages to the firearm, as long as such damage
did not result from the willful and wrongful act or gross negligence of the
person or agency storing the firearm.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (09/02/2021) (most recent)  
Additional Bill Documents Bill Documents
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