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Legislative Year: 2021 Change

Bill Detail: HB21-1298

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Title Expand Firearm Transfer Background Check Requirements
Status Governor Signed (06/19/2021)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors S. Woodrow (D)
J. Amabile (D)
Senate Sponsors B. Pettersen (D)
J. Gonzales (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 04/29/2021

Under existing federal law, a licensed gun dealer may transfer a

firearm to another person prior to receiving the results of a required
background check if 3 days have elapsed since the dealer initiated the
background check; state law does not generally require a background
check prior to a transfer by a licensed gun dealer. The bill establishes a
state requirement for a licensed gun dealer to obtain approval for a
firearms transfer from the Colorado bureau of investigation (bureau) prior
to transferring a firearm.
The bill prohibits the bureau from approving the transfer of a
firearm to a person who was convicted of specified misdemeanor
offenses. The bill also prohibits the bureau from approving a firearms
transfer until the bureau determines that its background investigation is
complete and that the transfer would not violate federal prohibitions on
firearms possession or result in a violation of state law.
Under existing law, a person who has been denied a firearms
transfer following a background check can appeal the denial. The bureau
is required to review background check records that prompted the denial
and render a final administrative decision regarding the denial within 30
days. The bill establishes a 60-day deadline for the bureau to conduct the
review and render a final administrative decision.
A person may be denied a firearms transfer if there has not been
a final disposition in criminal proceedings for certain offenses for which
the prospective transferee, if convicted, would be prohibited from
purchasing, receiving, or possessing a firearm. Under existing law, the
inability of the bureau to obtain the final disposition of a case that is no
longer pending cannot constitute the basis for the continued denial of the
transfer. The bill removes this restriction and permits continued denial of
the transfer when the bureau is unable to obtain the final disposition of a
case that is no longer pending.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/07/2021) (most recent)  
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