(1) (a) On and after July 1, 2013, except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 18-12-506 (6), transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:
(I) Require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and
(II) Obtain approval of a transfer from the bureau after a background check
has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S.
(b) As used in this section, unless the context requires otherwise,
transferee means a person who desires to receive or acquire a firearm from a
transferor. If a transferee is not a natural person, then each natural person who is
authorized by the transferee to possess the firearm after the transfer shall undergo
a background check, as described in paragraph (a) of this subsection (1), before
taking possession of the firearm.
(2) (a) A prospective firearm transferor who is not a licensed gun dealer shall
arrange for a licensed gun dealer to obtain the background check required by this
section.
(b) A licensed gun dealer who obtains a background check on a prospective
transferee shall record the transfer, as provided in section 18-12-402, and retain the
records, as provided in section 18-12-403, in the same manner as when conducting a
sale, rental, or exchange at retail. The licensed gun dealer shall comply with all
state and federal laws, including 18 U.S.C. sec. 922, as if he or she were transferring
the firearm from his or her inventory to the prospective transferee.
(c) A licensed gun dealer who obtains a background check for a prospective
firearm transferor pursuant to this section shall provide the firearm transferor and
transferee a copy of the results of the background check, including the bureau’s
approval or disapproval of the transfer.
(d) A licensed gun dealer may charge a fee for services rendered pursuant to
this section, which fee shall not exceed ten dollars.
(e) A person who is not a licensed gun dealer shall not make or facilitate the
sale of a firearm to a person who is less than twenty-one years of age.
(f) It is unlawful for a person who is less than twenty-one years of age to
purchase a firearm.
(g) Subsections (2)(e) and (2)(f) of this section do not apply if:
(I) The person is an active member of the United States armed forces while
on duty and serving in conformance with the policies of the United States armed
forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on
duty and serving in conformance with the policies of the employing agency, as set
forth in section 16-2.5-101 and section 16-2.5-135; or
(III) The person is certified by the P.O.S.T. board pursuant to section 16-2.5-102.
(3) (a) A prospective firearm transferee under this section shall not accept
possession of the firearm unless the prospective firearm transferor has obtained
approval of the transfer from the bureau after a background check has been
requested by a licensed gun dealer, as described in paragraph (b) of subsection (1)
of this section.
(b) A prospective firearm transferee shall not knowingly provide false
information to a prospective firearm transferor or to a licensed gun dealer for the
purpose of acquiring a firearm.
(4) If the bureau approves a transfer of a firearm pursuant to this section, the
approval shall be valid for thirty calendar days, during which time the transferor
and transferee may complete the transfer.
(5) A person who transfers a firearm in violation of the provisions of this
section may be jointly and severally liable for any civil damages proximately caused
by the transferee’s subsequent use of the firearm.
(6) The provisions of this section do not apply to:
(a) A transfer 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) A transfer that is a bona fide gift or loan between immediate family
members, which are limited to spouses, parents, children, siblings, grandparents,
grandchildren, nieces, nephews, first cousins, aunts, and uncles;
(c) A transfer that occurs by operation of law or because of the death of a
person for whom the prospective transferor is an executor or administrator of an
estate or a trustee of a trust created in a will;
(d) A transfer that is temporary and occurs while in the home of the
unlicensed transferee if:
(I) The unlicensed transferee is not prohibited from possessing firearms; and
(II) The unlicensed transferee reasonably believes that possession of the
firearm is necessary to prevent imminent death or serious bodily injury to the
unlicensed transferee;
(e) A temporary transfer of possession without transfer of ownership or a
title to ownership, which transfer takes place:
(I) At a shooting range located in or on premises owned or occupied by a duly
incorporated organization organized for conservation purposes or to foster
proficiency in firearms;
(II) At a target firearm shooting competition under the auspices of, or
approved by, a state agency or a nonprofit organization; or
(III) While hunting, fishing, target shooting, or trapping if:
(A) The hunting, fishing, target shooting, or trapping is legal in all places
where the unlicensed transferee possesses the firearm; and
(B) The unlicensed transferee holds any license or permit that is required for
such hunting, fishing, target shooting, or trapping;
(f) A transfer of a firearm that is made to facilitate the repair or maintenance
of the firearm; except that this paragraph (f) does not apply unless all parties who
possess the firearm as a result of the transfer may legally possess a firearm;
(g) Any temporary transfer that occurs while in the continuous presence of
the owner of the firearm;
(h) A temporary transfer for not more than seventy-two hours. A person who
transfers a firearm pursuant to this paragraph (h) may be jointly and severally liable
for damages proximately caused by the transferee’s subsequent unlawful use of
the firearm; or
(i) A transfer of a firearm from 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 immediate family member, which is limited to a spouse, parent,
child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle
of the person.
(7) For purposes of paragraph (f) of subsection (6) of this section:
(a) An owner, manager, or employee of a business that repairs or maintains
firearms may rely upon a transferor’s statement that he or she may legally possess
a firearm unless the owner, manager, or employee has actual knowledge to the
contrary and may return possession of the firearm to the transferor upon
completion of the repairs or maintenance without a background check;
(b) Unless a transferor of a firearm has actual knowledge to the contrary, the
transferor may rely upon the statement of an owner, manager, or employee of a
business that repairs or maintains firearms that no owner, manager, or employee of
the business is prohibited from possessing a firearm.
(8) Nothing in subsection (6) of this section shall be interpreted to limit or
otherwise alter the applicability of section 18-12-111 concerning the unlawful
purchase or transfer of firearms.
(9) (a) A person who violates a provision of this section commits a class 2
misdemeanor and shall be punished in accordance with section 18-1.3-501. The
person shall also be prohibited from possessing a firearm for two years, beginning
on the date of his or her conviction.
(b) When a person is convicted of violating a provision of this section, the
state court administrator shall report the conviction to the bureau and to the
national instant criminal background check system created by the federal Brady
Handgun Violence Prevention Act, Pub.L. 103-159, the relevant portion of which is
codified at 18 U.S.C. sec. 922 (t). The report shall include information indicating that
the person is prohibited from possessing a firearm for two years, beginning on the
date of his or her conviction.
L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 128, § 1, effective March 20. L. 2018: IP(1)(a) and (2)(b) amended, (SB 18-032), ch. 8, p. 153, § 6, effective October 1. L. 2021: (9)(a) amended, (SB 21-271), ch. 462, p. 3212, § 348, effective March 1, 2022. L. 2023: (2)(e), (2)(f), and (2)(g) added, (SB 23-169), ch. 123, p. 459, § 2, effective August 7.
