| Charge | Classification | Penalty |
|---|---|---|
| Failure to require a background check | Class 1 misdemeanor |
|
| (Colo. Rev. Stat. CRS 18-12-112) |
(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 12-26.1-106 (6), C.R.S., 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 person 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 12-26-102, C.R.S., and retain the records, as provided in section 12-26-103, C.R.S., 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…
(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…
(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…
(9) (a) A person who violates a provision of this section commits a class 1 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.
It’s important to understand the potential consequences of failing to require a background check before transfer of a private firearm.
A conviction of this infraction requires that the prosecution convince a jury to find you guilty beyond a reasonable doubt. To defend yourself against charges related to private firearms transfers, you must understand how the law applies to your case and what the El Paso County District Attorney must prove.
A potential firearm transferee must get bureau clearance of the transfer after a licensed gun dealer requests a background check. This must occur before the prospective firearm transferee may assume custody of the firearm.
A person who transfers a weapon violating this section may be held jointly and severally accountable for any civil damages directly attributable to the transferee’s firearm use after the transfer. This means you could be left holding the bag if the person with the firearm does some damage.
A licensed gun dealer conducting a background check on a potential weapon transferor is required to give both the transferee and the transferor a copy of the check results, including whether the bureau approved or disapproved of the transfer.
