Colorado Gun Background Checks: Your Step-by-Step Guide

Background Check Process for Gun Purchases in Colorado

According to Giffords, Federal law mandates that federally licensed firearm dealers conduct background checks on purchasers before selling a firearm [1].

Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (NICS) database

Key Points of Colorado’s Background Check Process:

• State and Federal Records: The CBI conducts background checks using both state and federal records.
• Access to Juvenile Records: Colorado law allows access to juvenile delinquency court and probation records for background checks.
• NICS and Other Databases: The CBI transmits background check requests to the NICS and can search other relevant databases.
• Transfer Denials and Appeals: The CBI must deny transfers that would violate federal or state laws and provide a process for appealing denied transfers.
• Fee and Rule Implementation: The CBI charges a fee for background checks, and the collected funds are used to cover the costs associated with these checks. The CBI is also required to adopt rules to carry out these duties.
• Closing the Charleston Loophole: As of 2021, licensed gun dealers in Colorado cannot transfer a firearm until receiving approval from the CBI after completing any required background checks.
• Unlicensed Sellers: Colorado requires unlicensed sellers to initiate a background check when transferring a firearm.

For more detailed information, refer to Colorado Revised Statutes or visit the Colorado Bureau of Investigation’s website.

Also Read: Deferred Sentence on Background Checks in Colorado

What Disqualifies You from Purchasing a Firearm in Colorado?

Federal law establishes a baseline national standard regarding individuals’ eligibility to acquire and possess firearms. Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

However, this federal standard has gaps, allowing individuals with significant risk factors to legally acquire firearms.

Colorado’s Firearm Prohibitions
Similar to federal law, Colorado generally prohibits individuals from possessing, using, or carrying a firearm if they have been:

• Convicted of most felonies, or attempts or conspiracies to commit these felonies.
• Adjudicated as juveniles for acts that would be considered felonies if committed by adults.

Domestic Violence and Protection Orders
Colorado law also disallows firearm possession for individuals convicted of certain domestic violence crimes or those subject to active protection orders, including:

• Domestic violence protection orders.
• Extreme risk protection orders.
• Criminal protection orders.
• Other protection orders prevent harm such as assault, domestic or elder abuse, sexual assault, and stalking.

Unique Aspects of Colorado’s Background Check Process
Colorado’s laws have unique provisions where some individuals can fail a background check for acquiring new firearms without being disqualified from keeping firearms they already possess.

The Colorado Bureau of Investigation (CBI) must deny a firearm transfer if:

• The transfer violates federal or Colorado law.
• The transferee has been arrested or charged with a prohibitive crime, and there is no final disposition noted in the databases.
• The transferee is under indictment or a felony complaint for a crime punishable by more than one year of imprisonment as defined by federal law.

These provisions ensure that individuals who may pose a risk are prevented from acquiring new firearms even if they retain previously owned firearms.

New Colorado Gun Laws

Safe Storage in Vehicles
Effective January 1, 2025, this law mandates that Colorado gun owners secure firearms left in unattended vehicles. Firearms must be locked away and kept out of sight. Violators may face fines up to $500.

Tracking Gun Purchases
Starting September 1, 2024, and fully implemented by May 1, 2025, this law will require card payment companies to use a specific “merchant category code” for gun and ammunition transactions. This is aimed at tracking suspicious purchases that might indicate potential mass shootings.

Investigating Firearm Crimes
Effective August 7, this law grants the Colorado Bureau of Investigation authority to investigate certain firearm-related crimes, such as illegal firearm transfers.

Also Read: Gun Registration in Colorado

Pending Gun Legislation

Ban on Guns in Sensitive Spaces
Scheduled to take effect on July 1, 2024, this law will prohibit carrying firearms in sensitive locations like government buildings, schools, and polling places.

Concealed Carry Permits
This proposed law, effective July 1, 2025, would increase training requirements for concealed carry permits, including a live-shooting task and a minimum test score of 80%.

Rules for Firearms Dealers
This legislation requires firearms dealers to obtain state permits in addition to a federal firearms license. Non-compliance could result in fines up to $250,000, with some parts of the law effective immediately and others by July 1, 2025.

Guns and Ammo Tax
A proposed 9% tax on all gun and ammunition purchases has passed the legislature and awaits the governor’s decision. If signed, this measure will still need voter approval in November to become law.

Related Articles:

• Is Pepper Spray Legal in Colorado?
• Colorado Stand Your Ground Laws
• Can you Carry a Gun While Hiking in Colorado?

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References:

1. https://giffords.org/lawcenter/state-laws/background-check-procedures-in-colorado/