Gun Transfer Background Check Permit Exemption

Federal law requires federally licensed firearms dealers to conduct background checks of prospective transferees prior to transferring a firearm by contacting the national instant criminal background check system (NICS). A dealer is not required to conduct a NICS background check of a prospective transferee if the transferee presents a state license or permit that is recognized by the federal bureau of alcohol, tobacco, firearms, and explosives (ATF) as an alternative to a NICS background check. In order to be eligible for recognition, a permit must have been issued within 5 years before the transfer and the state must have completed a NICS background check prior to issuing the permit.

The bill makes a Colorado-issued permit to carry a concealed handgun eligible for recognition as an alternative to a NICS background check by requiring a sheriff to receive the results of a background check prior to issuing or renewing the permit. The Colorado attorney general is required to contact the ATF to request that a Colorado-issued permit qualifies as an alternative to the federal background check requirement. Upon approval by the ATF, a concealed carry permit issued after the effective date of the bill can be used to satisfy a background check required by state or federal law. A permit issued in another state that is otherwise recognized in Colorado is not valid as a substitute for a background check.

A prospective transferee who presents a permit as an alternative to a background check must attest, in writing, that the person has not, since the issuance of the permit, been convicted of a crime of domestic violence or been treated for a mental health condition, or is otherwise ineligible to possess a firearm pursuant to state or federal law.

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