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HB 1229 - Requires Background Checks for Private Gun Sales and Transfers - Colorado Key Vote

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Title: Requires Background Checks for Private Gun Sales and Transfers

Signed by Governor John Hickenlooper


See How Your Politicians Voted

Title: Requires Background Checks for Private Gun Sales and Transfers

Vote Smart's Synopsis:

Vote to repass a bill after having adopted a conference report that requires background checks for private gun sales and transfers, effective immediately.

Highlights:

  • Requires an individual who wishes to transfer possession of a firearm to complete the following prior to the transfer (Sec. 1):
    • Conduct a background check of the firearm recipient through a licensed firearm dealer; and
    • Receive approval of the transfer from the Colorado Bureau of Investigation.
  • Specifies that the approval of the firearm transfer from the Colorado Bureau of Investigation is valid for no more than 30 days (Sec. 1).
  • Authorizes a licensed firearm dealer to charge a background check fee that is no more than $10 (Sec. 1).
  • Exempts certain firearm transfers from the provisions of this bill, including, but not limited to, the following transfers (Sec. 1):
    • Approved antique firearms;
    • As a gift or loan between immediate family members;
    • A transfer that occurs by the executor or administrator of an estate or a trustee of a trust created in a will;
    • A temporary transfer while hunting, fishing, target shooting, or trapping;
    • A temporary transfer that is made to repair or maintain the firearm;
    • A temporary transfer that occurs while in the continuous presence of the owner of the firearm; or
    • A temporary transfer for no more than 72 hours.
  • Authorizes individuals to petition the court for exemption from federal firearms prohibitions in the following circumstances (Secs. 3 & 5):
    • The individual has been found to be incapacitated by order of the court;
    • The individual has been committed by order of the court to the custody of a department that administers behavioral health programs and services, including those for mental health and substance abuse; or
    • The court has entered an order for one of the following:
      • An individual’s involuntary certification for short-term treatment of mental illness; 
      • An individual’s extended certification for treatment of mental illness; or
      • An individual’s long-term care and treatment of mental illness.
  • Requires the state court administrator to report violations of this bill to the Colorado Bureau of Investigation and to the national instant background check system (Sec. 1).
  • Classifies a violation of this bill as a Class 1 misdemeanor and prohibits an individual who violates this bill from possessing a firearm for 2 years (Sec. 1).

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Full Bill Text

See How Your Politicians Voted

Title: Requires Background Checks for Private Gun Sales and Transfers

Vote Smart's Synopsis:

Vote to repass a bill after having adopted a conference report that requires background checks for private gun sales and transfers, effective immediately.

Highlights:

  • Requires an individual who wishes to transfer possession of a firearm to complete the following prior to the transfer (Sec. 1):
    • Conduct a background check of the firearm recipient through a licensed firearm dealer; and
    • Receive approval of the transfer from the Colorado Bureau of Investigation.
  • Specifies that the approval of the firearm transfer from the Colorado Bureau of Investigation is valid for no more than 30 days (Sec. 1).
  • Authorizes a licensed firearm dealer to charge a background check fee that is no more than $10 (Sec. 1).
  • Exempts certain firearm transfers from the provisions of this bill, including, but not limited to, the following transfers (Sec. 1):
    • Approved antique firearms;
    • As a gift or loan between immediate family members;
    • A transfer that occurs by the executor or administrator of an estate or a trustee of a trust created in a will;
    • A temporary transfer while hunting, fishing, target shooting, or trapping;
    • A temporary transfer that is made to repair or maintain the firearm;
    • A temporary transfer that occurs while in the continuous presence of the owner of the firearm; or
    • A temporary transfer for no more than 72 hours.
  • Authorizes individuals to petition the court for exemption from federal firearms prohibitions in the following circumstances (Secs. 3 & 5):
    • The individual has been found to be incapacitated by order of the court;
    • The individual has been committed by order of the court to the custody of a department that administers behavioral health programs and services, including those for mental health and substance abuse; or
    • The court has entered an order for one of the following:
      • An individual’s involuntary certification for short-term treatment of mental illness; 
      • An individual’s extended certification for treatment of mental illness; or
      • An individual’s long-term care and treatment of mental illness.
  • Requires the state court administrator to report violations of this bill to the Colorado Bureau of Investigation and to the national instant background check system (Sec. 1).
  • Classifies a violation of this bill as a Class 1 misdemeanor and prohibits an individual who violates this bill from possessing a firearm for 2 years (Sec. 1).

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Full Bill Text

See How Your Politicians Voted

Title: Requires Background Checks For Private Gun Sales and Transfers

Vote Smart's Synopsis:

Vote to pass a bill that requires federal background checks for private gun sales and transfers, effective July 1, 2013.

Highlights:

  • Requires an individual who intends to transfer possession of a gun to perform the following prior to the transfer (Sec. 1):
    • Require a federal background check to be conducted of the prospective recipient through a licensed gun dealer; and
    • Receive approval of the transfer from the Colorado Bureau of Investigation (CBI).
  • Authorizes a licensed gun dealer to charge no more than $10 for performing federal background check and CBI approval services (Sec. 1).
  • Exempts certain gun transfers from the provisions of this bill, including, but not limited to, the following transfers (Sec. 1): 
    • An antique gun;
    • A gift between immediate family members; and
    • In temporary situations, including, but not limited to, the following:
      • During hunting or target shooting;
      • For the purpose of repairs and maintenance; or 
      • In the gun recipient’s home, if the individual believes the transfer is necessary to prevent their imminent death or serious injury.
  • Classifies a violation of this bill as a Class 1 misdemeanor and prohibits an individual convicted of a violation of this bill from possessing a gun for 2 years (Sec. 1).
  • Specifies that an individual who transfers a gun in violation of this bill is liable for any civil damages caused by the recipient’s use of that gun (Sec. 1).
  • Authorizes an individual who has been prohibited from the possession of a gun due to the provisions of this bill to petition the prohibition in court (Secs. 3 & 5). 

Full Bill Text

Title: Requires Background Checks For Private Gun Sales and Transfers

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