Colorado Law Concerning Transfer of Firearms to Family

Location:
WEAPONS - GUN Control;
Scope:
Other States laws/regulations; Federal laws/regulations;

April 3, 2013		2013-R-0198
SUMMARY OF COLORADO'S NEW GUN Command LAWS
By: Michael Csere, Legislative Young man

You asked for a summary of Colorado ' due south new gun control laws regarding background checks and large-chapters ammunition magazines.

SUMMARY

Colorado recently passed iii new gun control laws. House Nib 13-1229 requires (one) universal background checks pursuant to the transfer of firearms, including private transfers, with several exceptions; (2) new mental health reporting; and (3) a judicial appeals process for individuals restricted from acquiring or possessing firearms. This constabulary took outcome upon passage, although the background check requirement does not begin until July 1, 2013.

House Bill xiii-1228 requires the Colorado Bureau of Investigation (Bureau) to recoup the cost of performing an instant criminal background cheque by charging a groundwork cheque fee. It likewise specifies how the state may institute the fee and handle and use acquirement from it. It took event upon passage.

Lastly, House Bill 13-1224 prohibits the sale, transfer, or possession of large-chapters armament magazines (more than fifteen rounds), with certain exceptions. And it requires identification markings on all large-chapters magazines manufactured in Colorado after July 1, 2013, which is when the law takes effect.

UNIVERSAL BACKGROUND CHECKS (HB 13-1229)

Groundwork Check Requirement

Under the new law, before whatsoever person who is not a licensed gun dealer transfers possession of a firearm, he or she must adapt for a licensed dealer to obtain the required groundwork check. In obtaining the background check, the dealer must follow all procedures that it would follow were it transferring the firearm in a retail transaction, including recording the transfer, retaining the records, and complying with all state and federal laws. The dealer must provide a copy of the background check results and the Bureau ' s blessing or disapproval to the transferor and intended transferee, and may charge a fee of up to $10.

A prospective transferee may not take possession of the firearm until afterwards the transferor has obtained the Bureau ' southward approving, nor may he or she knowingly provide false information to the transferor or licensed gun dealer for the purpose of acquiring a firearm. Bureau approval of a firearm transaction is valid for 30 calendar days. A person who transfers a firearm in violation of the law may be held jointly and severally liable for any ceremonious damages acquired by the transferee ' south subsequent use of the firearm.

Exemptions

The new police force exempts from the background check requirement transfers:

1. of an antique firearm (xviii UsC. � 921(a)(16)) or a curio or relic (27 C.F.R. � 478.11);

2. of a bona fide souvenir between immediate family members;

3. occurring (a) past functioning of law or (b) because of the death of a person for whom the prospective transferor is an executor or adminisrator of an estate or a trustee of a trust created by a will;

iv. of a temporary nature that occur in the habitation of an unlicensed transferee if he or she (a) is not prohibited from firearm possession and (b) reasonably believes that firearm possession is necessary to prevent imminent death or serious bodily injury to the transferee;

5. of possession that are temporary and that take identify (a) at a shooting range that meets specific ownership requirements; (b) at an approved target shooting competition; or (c) while legally hunting, fishing, target shooting, or trapping;

6. made to facilitate the repair of a firearm every bit long as all parties possessing the firearm may do and so legally;

seven. of a temporary nature that occur while in the continous presence of the possessor of the firearm;

viii. for up to 72 hours, during which time the transferor may be jointly and severally liable for damages caused by the transferee ' s unlawful apply of the firearm; or

9. to whatever firsthand family member from an military machine member who will be deployed outside the U.S. within the next 30 days.

The exceptions listed in the new law practise not limit or alter the applicability of a different state law that prohibits the purchase or obtainment of a firearm on behalf of, or for transfer to, a person whom the transferor knows or reasonably should know is ineligible to possess a firearm under country or federal police force (Colo. Rev. Stat. � 18-12-111).

Unless there is actual knowledge to the reverse, a (1) business that repairs firearms may rely on a transferor ' s statement that he or she may legally possess a firearm and (2) transferor may rely on the business organization ' southward statement that no manager or employee is prohibited from firearm possession.

Penalties

A violation of the new groundwork check law is a grade i misdemeanor, which is punishable past six to 18 months imprisonment, a $500 to $five,000 fine, or both (Colo. Rev. Stat. � 18-1.3-501). Additionally, a person violating the law is prohibited from possessing a firearm for two years. The country court ambassador must study whatever conviction related to such violation to the Bureau and the National Instant Criminal Background Check Arrangement (see beneath).

Mental Wellness

Reporting Requirements. The new police requires the land court administrator to send electronically to the Bureau the names of each person who has been, under court order: (1) constitute to be incapacitated, (two) committed to a behavioral health handling plan (e.g., for substance abuse), or (3) involuntarily certified for short-term or long-term treatment and treat mental illness. The court administrator must transport this information within 48 hours of notification.

If a court becomes aware that the basis for reporting such information does not use or no longer applies, it must (1) update, correct, alter, or remove the record from any database that the federal or country regime maintains and makes available to the national instant criminal background check system and (ii) notify the attorney general.

Judicial Process for Relief. The new constabulary creates a judicial process wherein a person may petition for relief from federal firearms prohibitions resulting from an adjudication as a "mental defective" or a commitment to a mental establishment (eighteen United states of americaC. � 922(d)(iv) and (g)(4)). This new state judicial process was established pursuant to the federal NICS Improvement Act of 2007, which permits states to implement a program allowing people to petition for relief from sure federal firearms prohibitions, provided the state program meets specific criteria (Pub. L. 110-180, � 105 , xviii The statesC. � 922 note, (2008)).

In a state courtroom proceeding, the petitioner can submit his or her ain prove. The courtroom must review the testify and maintain a record of the proceeding. The court must consider iii factors:

ane. the circumstances regarding the firearms prohibitions;

2. the petitioner ' s mental health and criminal history records; and

3. the petitioner ' due south reputation, developed through graphic symbol witness statements, testimony, or other grapheme evidence.

To grant relief, the courtroom must discover that (one) the petitioner is not probable to human action in a manner that is unsafe to public safety and (ii) granting relief to him or her is not contrary to the public interest. If the court denies relief, the petitioner may appeal. The appeals courtroom may, but is non required to, give deference to the lower court ' due south decision. Information technology likewise has discretion to receive additional evidence necessary to comport an acceptable review.

INSTANT CRIMINAL Groundwork Cheque FEE (HB xiii-1228)

House Beak 1228 directs the Bureau to impose a fee for performing an instant criminal background check pursuant to state law. The fee corporeality cannot exceed the total amount of direct and indirect costs the Bureau incurs in performing the check.

The Bureau must transmit the fees to the land treasurer, who must credit that coin to a new instant criminal background check greenbacks fund. The legislature can appropriate coin from the fund for the directly costs of performing background checks. The treasurer may invest any unspent coin; any interest and income derived from the investment must be credited to the fund. Unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and may not be credited to any other fund. If practicable, the Bureau must utilise any remaining funds to reduce the fee amount. The Agency may contract with a public or private entity for fee drove services.

The Bureau must report annually to the legislative joint budget committee (1) the number of full-time employees used to perform background checks and (two) the caluculations used to make up one's mind the fee amount.

The law besides authorizes the Bureau to continue using general funds appropriated to the Bureau for FY14 to perform criminal background checks on a temporary basis until the before of (ane) six months after the pecker ' due south effective date or (ii) when sufficient money exists in the new fund to pay for the groundwork checks.

According to the Denver Post , it is estimated that the fee will be between $10 and $12.

PROHIBITION OF Large-CAPACITY AMMUNITION MAGAZINES (HB 13-1224)

Prohibition

House Bill 13-1224 prohibits the auction, transfer, or possession of large-capacity ammunition magazines or feeding devices, which includes:

1. a fixed or detachable mag, box, drum, feed strip, or like device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition;

ii. a stock-still, tubular shotgun magazine that holds more than 28 inches of shotgun shells, including any extension device attached to the magazine that holds additional shotgun shells; or

3. a nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.

The post-obit devices are not included in the ban:

one. a feeding device permanently contradistinct then that information technology cannot accommodate more than 15 rounds of armament;

2. an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or

3. a tubular mag independent in a lever-action firearm.

Penalties

Table ane details the penalties the land may impose if someone is convicted for violating this police.

Table ane: Penalties for Possession of Large-Capacity Armament Magazines

Nature of violation	Criminal Classification	Penalties
		Fine	Imprisonment
Offset-time violation	Class 2 misdemeanor	$250-$i,000	3-12 months
Violation after a conviction for a prior violation	Class one misdemeanor	$500-$5,000	6-eighteen months
Violation during the commission of a felony or any tearing crime	Class 6 felony	$one,000-$100,000	12-18 months, plus one year mandatory parole

Exemptions

Grandfather Clause . A person may possess a large-capacity magazine if he or she (1) owns the mag on July 1, 2013 and (2) maintains continuous possession of the mag. If a person asserts the grandfather provision as a defense against an alleged violation of the constabulary, the prosecution has the burden of proof to abnegate the assertion.

Manufacturers and Licensed Gun Dealers . An entity that manufactures big-capacity magazines within Colorado, any licensed gun dealer, or employees of either, are not subject to the law if the transfer or auction is exclusively to:

1. a branch of the U.S. armed forces;

2. a section, agency, or political subdivision of any land, including Colorado, or the U. S. government;

3. a firearms retailer for the purpose of firearms sales conducted outside the state;

iv. a foreign national government canonical for such transfers by the U.S. authorities; or

5. an out-of-state transferee who may legally possess a big-capacity mag.

Official Duties of Certain Employees . Employees of (ane) a branch of the U.S. armed forces or (ii) a section, agency, or political subdivision of any state, including Colorado, or the U.South. regime who comport a firearm in the grade of their official duties may possess a big-capacity mag.

Transporters . A person who possesses a big-chapters magazine for the sole purpose of transporting the magazine to an out-of-country entity on behalf of a Colorado manufacturer of such magazines is also exempt from the law.

Identification Markings

The new law requires big-capacity magazines that are manufactured in Colorado on or after July 1, 2013 to include a permanent stamp or marking indicating when the mag was manufactured or assembled. The postage stamp or mark must be legibly and clearly engraved or cast upon the outer surface of the magazine. Violation of this requirement is a form ii misdemeanor.

The law authorizes the Bureau to promulgate rules needed to implement the requirement, such as requiring magazines to bear other identifying information in addition to the mandated identification markings.

HYPERLINKS

Ryan Parker, The Denver Post, Colorado Gun Bills: Background Bank check Fee Wins Initial Senate Approval, http://world wide web.denverpost.com/breakingnews/ci_22746907/colorado-gun-bills-senat e-take-upwardly-fees-groundwork (March viii, 2013).

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Source: https://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

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