Summary of Passed and Failed Bills in Colorado Legislature

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HB13-1229
CONCERNING CRIMINAL BACKGROUND CHECKS PERFORMED PURSUANT TO THE TRANSFER OF A FIREARM, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.

HB1229 requires that all transfers of a firearm (except for exempted situations) be subject to a CBI background check. Individuals transferring a firearm must have an FFL run a background check on a 4473, and log the firearm into the FFL books. Both the transferor and transferee will receive copies of the background check results for their records. Upon a successful background check, the parties have 30 days to transfer the firarm(s). The bill limits the fee that FFLs can charge for this service to $10.00 per check. Numerous times during discussion the representatives said that FFLs would be required to run these checks, but I can't find anything in the bill that puts that into black and white. It is certain that the frequency, method, waiting time or procedures FFLs use to accomodate these checks are unregulated, so if forced to do so they may just make it very undesirable (1 hour per week with a line out the door). That is just my conjecture.

The bill also requires that courts report data to the CBI that was previously only reported to the FBI, and requires them to do it much more frequently than previously required.

The bill also requires that any corporations, trusts or other entities that are not a person: must have all owners, benefactors, member, officer or person who has a beneficial interest in the entity pass a background check before a firearm can be transferred into the entity. So, if your kids are on your NFA trust, you can't put any guns on it if they are under 18/21, as they are too young to pass the background check.

Violating this bill is a class 1 misdemeanor, and also carries the punishment of having your 2A rights stripped for a period of 2 years. It also contains a clause that assigns liability to the seller or transferor for any crimes committed with a firearm that is transferred without the mandated background check.

There are numerous exemptions to this requirement. These exemptions are not valid if either party is prohibited from owning or possessing a firearm.

1. Antiques, Curios and Relics are exempted
2. A bona fide gift to a family member, parent, grandparent, sibling, child, grandchild, niece/nephew, aunt/uncle, first cousins, and spouses are exempted
3. Transfers that happens by way of a will at death to any person are exempted
4. Temporary transfers to anyone in the home of the receiving party, the transferee, provided the gun stays in their home for self protection and the transferee believes the possession is necessary to prevent death or grave bodily injury are exempted.
5. Temporary transfers taking place at a shooting range run by an agency, non-profit or company as a professional shooting range (no make-shift ranges) and the gun doesn't leave the range.
6. Temporary transfers while hunting/fishing/trapping if the person has a license for that season and only has the gun in places where he can legally hunt with the license are exempted
7. Temporary transfers for repair or maintenance of the firearm are exempted
8. Temporary transfers between anyone anywhere if the owner is always in the presence of the gun are exempted
9. Temporary transfers between anyone anywhere if the transfer lasts no longer than 72 hours are exempted
10. Temporary transfers of deployed service members to a member of their immediate family no sooner than 30 days before deployment are exempted

Interesting observations:
1. You cannot loan a gun to a family member for more than 72 hours outside of their house or hunting. It covers gifts only
2. You cannot sell a gun to your brother or other family member. It covers gifts only.
3. It doesn't account for transportation or lodging for hunting, if you can't hunt at your motel you can't have a borrowed gun there overnight between hunting days.
4. You can't loan the gun to a friend for self protection in their house if you loan it at your house. They would be illegal while transporting.
5. Similar issues are present for loaning guns to go to the range, hunting, competition, etc. You must drive it there and give the fun to the person at the acceptable place.