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HB21-1298

Expand Firearm Transfer Background Check Requirements

Type Bill
Session 2021 Regular Session
Subjects
Crimes, Corrections, & Enforcement

Concerning the conditions under which a firearm transfer may be prohibited following a background check, and, in connection therewith, requiring approval of a firearm transfer prior to a transfer by a licensed dealer, establishing grounds for denying a transfer, and clarifying the process to appeal a denied transfer.

Bill Summary:



The act requires a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.

The act prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bureau is also prohibited from approving a firearms transfer until it determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.

A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. The act permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.

A person who has been denied a firearms transfer following a background check can appeal the denial. The act establishes a 60-day deadline for the bureau to review background check records that prompted the denial and render a final administrative decision regarding the denial.

(Note: This summary applies to this bill as enacted.)

Status

Became Law

Introduced

Passed

Became Law

Related Documents & Information

Date Version Documents
06/19/2021 Signed Act PDF
06/14/2021 Final Act PDF
05/28/2021 Rerevised PDF
05/27/2021 Revised PDF
05/17/2021 Reengrossed PDF
05/14/2021 Engrossed PDF
04/29/2021 Introduced PDF
Date Version Documents
05/27/2021 PA1 PDF
Date Version Documents
07/07/2021 FN2 PDF
05/04/2021 FN1 PDF
Activity Vote Documents
Adopt amendment L.027 (Attachment P). The motion passed without objection. Vote summary
Adopt amendment L.030 (Attachment Q). The motion passed without objection. Vote summary
Adopt amendment L.032 (Attachment R). The motion passed without objection. Vote summary
Refer House Bill 21-1298, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2. Vote summary
Activity Vote Documents
Refer House Bill 21-1298 to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary
Date Calendar Motion Vote Vote Document
06/07/2021 Senate Amendments REPASS
41
AYE
23
NO
1
OTHER
Vote record
06/07/2021 Senate Amendments CONCUR
53
AYE
11
NO
1
OTHER
Vote record
05/17/2021 MISC RECON
31
AYE
32
NO
2
OTHER
Vote record
05/17/2021 Third Reading BILL
42
AYE
21
NO
2
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.022)
30
AYE
29
NO
6
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.016)
22
AYE
37
NO
6
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.019)
22
AYE
37
NO
6
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.007)
23
AYE
36
NO
6
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.005)
23
AYE
35
NO
7
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.006)
26
AYE
32
NO
7
OTHER
Vote record
05/14/2021 Committee of the Whole AMD (L.021)
23
AYE
35
NO
7
OTHER
Vote record
Date Calendar Motion Vote Vote Document
05/28/2021 Third Reading BILL
20
AYE
14
NO
1
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
05/26/2021 L.032 SEN State, Veterans, & Military Affairs Passed [*] PDF
05/26/2021 L.030 SEN State, Veterans, & Military Affairs Passed [*] PDF
05/26/2021 L.027 SEN State, Veterans, & Military Affairs Passed [*] PDF
05/14/2021 L.025 Second Reading Passed [**] PDF
05/14/2021 L.007 Second Reading Lost [**] PDF
05/14/2021 L.016 Second Reading Lost [**] PDF
05/14/2021 L.017 Second Reading Lost [**] PDF
05/14/2021 L.006 Second Reading Lost [**] PDF
05/14/2021 L.022 Second Reading Lost [**] PDF
L.019 Second Reading Lost [**] PDF
L.021 Second Reading Lost [**] PDF
L.005 Second Reading Lost [**] PDF
Date Location Action
06/19/2021 Governor Governor Signed
06/15/2021 Governor Sent to the Governor
06/14/2021 House Signed by the Speaker of the House
06/14/2021 Senate Signed by the President of the Senate
06/07/2021 Senate House Considered Senate Amendments - Result was to Concur - Repass
06/01/2021 Senate House Considered Senate Amendments - Result was to Laid Over Daily
05/28/2021 Senate Senate Third Reading Passed - No Amendments
05/27/2021 Senate Senate Second Reading Passed with Amendments - Committee
05/26/2021 Senate Senate Second Reading Special Order - Laid Over Daily - No Amendments
05/25/2021 Senate Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole
05/18/2021 Senate Introduced In Senate - Assigned to State, Veterans, & Military Affairs
05/17/2021 House House Third Reading Reconsidered - No Amendments
05/17/2021 House House Third Reading Passed - No Amendments
05/14/2021 House House Second Reading Special Order - Passed with Amendments - Floor
05/11/2021 House House Second Reading Laid Over Daily - No Amendments
05/05/2021 House House Committee on Judiciary Refer Unamended to House Committee of the Whole
04/29/2021 House Introduced In House - Assigned to Judiciary
Effective Date Chapter # Title Documents
06/19/2021 268 Expand Firearm Transfer Background Check Reqmnts PDF