(1) (a) It is unlawful for any person who sells a firearm, including a licensed gun dealer as defined in section 18-12-506 (6), to deliver the firearm to the purchaser until the later in time occurs:
(I) Three days after a licensed gun dealer has initiated a background check
of the purchaser that is required pursuant to state or federal law; or
(II) The seller has obtained approval for the firearm transfer from the bureau
after it has completed any background check required by state or federal law.
(b) A person who violates this subsection (1) commits a civil infraction and,
upon conviction thereof, shall be punished by a fine of five hundred dollars; except
that for a second or subsequent offense, the fine shall be not less than five hundred
dollars and not more than five thousand dollars.
(2) This section does not apply to:
(a) The sale of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as
amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(b) The sale of a firearm by a person serving in the armed forces of the
United States who will be deployed outside of the United States within the next
thirty days to any family member, including:
(I) Regardless of age, a biological, adopted, or foster child; a stepchild or
legal ward; a child of a domestic partner; a child to whom the seller stands in loco
parentis; or a person to whom the seller stood in loco parentis when the person was
a minor;
(II) A biological, adoptive, or foster parent; a stepparent or legal guardian of
the seller or seller’s spouse or domestic partner; or a person who stood in loco
parentis when the seller or seller’s spouse or domestic partner was a minor child;
(III) A person to whom the seller is legally married under the laws of any
state or a domestic partner of a seller;
(IV) A grandparent, grandchild, or sibling, whether a biological, foster,
adoptive, or step relationship, of the seller or seller’s spouse or domestic partner; or
(V) As shown by the seller, any other individual with whom the seller has a
significant personal bond that is or is like a family relationship, regardless of
biological or legal relationship; or
(c) A firearm transfer for which a background check is not required pursuant
to state or federal law.
(3) Pursuant to the authority granted in section 29-11.7-103, a local
government may enact an ordinance, regulation, or other law concerning a waiting
period.
L. 2023: Entire section added, (HB 23-1219), ch. 125, p. 485, § 2, effective October 1.
For the legislative declaration in HB 23-1219, see section 1 of chapter 125, Session Laws of Colorado 2023.
