Jorgy

HB 13-1229 Expands background checks for gun purchases
http://www.leg.state.co.us/clics/cli...e=1229_enr.pdf

HOUSE BILL 13-1229
CONCERNING CRIMINAL BACKGROUND CHECKS PERFORMED PURSUANT TO
THE TRANSFER OF A FIREARM, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 18-12-112 as
follows:
18-12-112. Private firearms transfers - background check
required - penalty - definitions. (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:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.(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 NATURAL PERSON WHO IS 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.
(d) A LICENSED GUN DEALER MAY CHARGE A FEE FOR SERVICES
RENDERED PURSUANT TO THIS SECTION, WHICH FEE SHALL NOT EXCEED TEN
DOLLARS.
PAGE 2-HOUSE BILL 13-1229(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.
(b) A PROSPECTIVE FIREARM TRANSFEREE SHALL NOT KNOWINGLY
PROVIDE FALSE INFORMATION TO A PROSPECTIVE FIREARM TRANSFEROR OR
TO A LICENSED GUN DEALER FOR THE PURPOSE OF ACQUIRING A FIREARM.
(4) IF THE BUREAU APPROVES A TRANSFER OF A FIREARM PURSUANT
TO THIS SECTION, THE APPROVAL SHALL BE VALID FOR THIRTY CALENDAR
DAYS, DURING WHICH TIME THE TRANSFEROR AND TRANSFEREE MAY
COMPLETE THE TRANSFER.
(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.
(6) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO:
(a) A TRANSFER OF AN ANTIQUE FIREARM, AS DEFINED IN 18U.S.C.
SEC.921(a)(16), AS AMENDED, OR A CURIO OR RELIC, AS DEFINED IN 27CFR
478.11, AS AMENDED;
(b) A TRANSFER THAT IS A BONA FIDE GIFT OR LOAN BETWEEN
IMMEDIATE FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS,
CHILDREN, SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS,
FIRST COUSINS, AUNTS, AND UNCLES;
(c) A TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSE
OF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR IS AN
EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF A TRUST
CREATED IN A WILL;
(d) A TRANSFER THAT IS TEMPORARY AND OCCURS WHILE IN THE
HOME OF THE UNLICENSED TRANSFEREE IF:
PAGE 3-HOUSE BILL 13-1229(I) THE UNLICENSED TRANSFEREE IS NOT PROHIBITED FROM
POSSESSING FIREARMS; AND
(II) THE UNLICENSED TRANSFEREE REASONABLY BELIEVES THAT
POSSESSION OF THE FIREARM IS NECESSARY TO PREVENT IMMINENT DEATH
OR SERIOUS BODILY INJURY TO THE UNLICENSED TRANSFEREE;
(e) A TEMPORARY TRANSFER OF POSSESSION WITHOUT TRANSFER OF
OWNERSHIP OR A TITLE TO OWNERSHIP, WHICH TRANSFER TAKES PLACE:
(I) AT A SHOOTING RANGE LOCATED IN OR ON PREMISES OWNED OR
OCCUPIED BY A DULY INCORPORATED ORGANIZATION ORGANIZED FOR
CONSERVATION PURPOSES OR TO FOSTER PROFICIENCY IN FIREARMS;
(II) AT A TARGET FIREARM SHOOTING COMPETITION UNDER THE
AUSPICES OF, OR APPROVED BY, A STATE AGENCY OR A NONPROFIT
ORGANIZATION; OR
(III) WHILE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IF:
(A) THE HUNTING, FISHING, TARGET SHOOTING, OR TRAPPING IS
LEGAL IN ALL PLACES WHERE THE UNLICENSED TRANSFEREE POSSESSES THE
FIREARM; AND
(B) THE UNLICENSED TRANSFEREE HOLDS ANY LICENSE OR PERMIT
THAT IS REQUIRED FOR SUCH HUNTING, FISHING, TARGET SHOOTING, OR
TRAPPING;
(f) A TRANSFER OF A FIREARM THAT IS MADE TO FACILITATE THE
REPAIR OR MAINTENANCE OF THE FIREARM; EXCEPT THAT THIS PARAGRAPH
(f) DOES NOT APPLY UNLESS ALL PARTIES WHO POSSESS THE FIREARM AS A
RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM;
(g) ANY TEMPORARY TRANSFER THAT OCCURS WHILE IN THE
CONTINUOUS PRESENCE OF THE OWNER OF THE FIREARM;
(h) A TEMPORARY TRANSFER FOR NOT MORE THAN SEVENTY-TWO
HOURS. A PERSON WHO TRANSFERS A FIREARM PURSUANT TO THIS
PARAGRAPH (h) MAY BE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES
PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT UNLAWFUL USE
PAGE 4-HOUSE BILL 13-1229OF THE FIREARM; OR
(i) A TRANSFER OF A FIREARM FROM A PERSON SERVING IN THE
ARMED FORCES OF THE UNITED STATES WHO WILL BE DEPLOYED OUTSIDE OF
THE UNITED STATES WITHIN THE NEXT THIRTY DAYS TO ANY IMMEDIATE
FAMILY MEMBER, WHICH IS LIMITED TO A SPOUSE, PARENT, CHILD, SIBLING,
GRANDPARENT, GRANDCHILD, NIECE, NEPHEW, FIRST COUSIN, AUNT, AND
UNCLE OF THE PERSON.
(7) FOR PURPOSES OF PARAGRAPH (f) OF SUBSECTION (6) OF THIS
SECTION:
(a) AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS MAY RELY UPON A TRANSFEROR'S
STATEMENT THAT HE OR SHE MAY LEGALLY POSSESS A FIREARM UNLESS THE
OWNER, MANAGER, OR EMPLOYEE HAS ACTUAL KNOWLEDGE TO THE
CONTRARY AND MAY RETURN POSSESSION OF THE FIREARM TO THE
TRANSFEROR UPON COMPLETION OF THE REPAIRS OR MAINTENANCE WITHOUT
A BACKGROUND CHECK;
(b) UNLESS A TRANSFEROR OF A FIREARM HAS ACTUAL KNOWLEDGE
TO THE CONTRARY, THE TRANSFEROR MAY RELY UPON THE STATEMENT OF
AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT REPAIRS OR
MAINTAINS FIREARMS THAT NO OWNER, MANAGER, OR EMPLOYEE OF THE
BUSINESS IS PROHIBITED FROM POSSESSING A FIREARM.
(8) NOTHING IN SUBSECTION (6) OF THIS SECTION SHALL BE
INTERPRETED TO LIMIT OR OTHERWISE ALTER THE APPLICABILITY OF SECTION
18-12-111 CONCERNING THE UNLAWFUL PURCHASE OR TRANSFER OF
FIREARMS.
(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
PAGE 5-HOUSE BILL 13-1229BACKGROUND CHECK SYSTEM CREATED BY THE FEDERAL "BRADY HANDGUN
VIOLENCE PREVENTION ACT"(PUB.L.103-159), THE RELEVANT PORTION OF
WHICH IS CODIFIED AT 18U.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.
SECTION 2. In Colorado Revised Statutes, 13-5-142, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:
13-5-142. National instant criminal background check system -
reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE
OF THIS SECTION, the clerk of the court of every judicial district in the state
COURT ADMINISTRATOR shall periodically reportSEND ELECTRONICALLY the
following information 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) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO
SECTION 24-33.5-401,C.R.S., REFERRED TO WITHIN THIS SECTION AS THE
"BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH
(a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT
ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU.
(2) Any report made by the clerk of the court of every judicial
district in the state COURT ADMINISTRATOR pursuant to this section shall
describe the reason for the report and indicate that the report is made in
accordance with 18 U.S.C. sec. 922 (g) (4).
(3) The clerk of the court of every judicial district in the state COURT
ADMINISTRATOR shall take all necessary steps to cancel a record made by
that clerkTHE STATE COURT ADMINISTRATOR in the national instant criminal
background check system if:
(a) The person to whom the record pertains makes a written request
to the clerk STATE COURT ADMINISTRATOR; and
PAGE 6-HOUSE BILL 13-1229(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the A court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human services
that administers behavioral health programs and services, including those
related to mental health and substance abuse; except that the clerk STATE
COURT ADMINISTRATOR shall not cancel any record pertaining to a person
with respect to whom two recommitment orders have been entered under
section 27-81-112 (7) and (8), C.R.S., or who was discharged from
treatment under section 27-81-112 (11), C.R.S., on the grounds that further
treatment will not be likely to bring about significant improvement in the
person's condition; or
(4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS
IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT,
UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED
BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS
SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL:
(a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY
DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND
MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE
DATABASE; AND
(b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT
APPLY OR NO LONGER APPLIES.
SECTION 3. In Colorado Revised Statutes, add 13-5-142.5 as
follows:
13-5-142.5. National instant criminal background check system
- judicial process for awarding relief from federal prohibitions -
legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS
SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY
APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS
PAGE 7-HOUSE BILL 13-1229IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS
PERMITTED BY THE FEDERAL "NICSIMPROVEMENT AMENDMENTS ACT OF
2007" (PUB.L. 110-180, SEC. 105).
(2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO
THIS SECTION IF:
(a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER
OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15,C.R.S.;
(II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO
THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT
ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING
THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO
SECTION 27-81-112 OR 27-82-108,C.R.S.; OR
(III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S
INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED
CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION
27-65-108,C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-109,C.R.S.; AND
(b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A
FIREARM OR AMMUNITION IS PROHIBITED BY 18U.S.C. SEC.922 (d) (4), OR
WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR
RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC.922 (g)
(4).
(3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS
SECTION:
(a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR
HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION;
(b) THE COURT SHALL REVIEW THE EVIDENCE; AND
(c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A
RECORD OF THE PROCEEDING.
PAGE 8-HOUSE BILL 13-1229(4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO
A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE
EVIDENCE CONCERNING, AND SHALL CONSIDER:
(a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS
IMPOSED BY 18U.S.C. SEC. 922 (g) (4);
(b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A
MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL
HISTORY RECORDS; AND
(c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL
DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS,
TESTIMONY, OR OTHER CHARACTER EVIDENCE.
(5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER
PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT:
(I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS
DANGEROUS TO PUBLIC SAFETY; AND
(II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE
PUBLIC INTEREST.
(b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO
THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO
REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT.
(II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT
OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE
DECISION OF THE DENYING COURT.
(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.
SECTION 4. In Colorado Revised Statutes, 13-9-123, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:
PAGE 9-HOUSE BILL 13-122913-9-123. National instant criminal background check system -
reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE DATE
OF THIS SECTION, the clerk of the probate court STATE COURT
ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the
following information 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) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT TO
SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS THE
"BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN PARAGRAPH
(a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE STATE COURT
ADMINISTRATOR SHALL REPORT SUCH FACT TO THE BUREAU.
(2) Any report made by the clerk of the probate court STATE COURT
ADMINISTRATOR pursuant to this section shall describe the reason for the
report and indicate that the report is made in accordance with 18 U.S.C. sec.
922 (g) (4).
(3) The clerk of the probate court STATE COURT ADMINISTRATOR
shall take all necessary steps to cancel a record made by that clerk THE
STATE COURT ADMINISTRATOR in the national instant criminal background
check system if:
(a) The person to whom the record pertains makes a written request
to the clerk STATE COURT ADMINISTRATOR; and
(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human services
that administers behavioral health programs and services, including those
related to mental health and substance abuse; except that the clerk STATE
COURT ADMINISTRATOR shall not cancel any record pertaining to a person
PAGE 10-HOUSE BILL 13-1229with respect to whom two recommitment orders have been entered under
section 27-81-112 (7) and (8), C.R.S., or who was discharged from
treatment under section 27-81-112 (11), C.R.S., on the grounds that further
treatment will not be likely to bring about significant improvement in the
person's condition; or
(4) PURSUANT TO SECTION 102 (c) OF THE FEDERAL "NICS
IMPROVEMENT AMENDMENTS ACT OF 2007" (PUB.L. 110-180), A COURT,
UPON BECOMING AWARE THAT THE BASIS UPON WHICH A RECORD REPORTED
BY THE STATE COURT ADMINISTRATOR PURSUANT TO SUBSECTION (1) OF THIS
SECTION DOES NOT APPLY OR NO LONGER APPLIES, SHALL:
(a) UPDATE, CORRECT, MODIFY, OR REMOVE THE RECORD FROM ANY
DATABASE THAT THE FEDERAL OR STATE GOVERNMENT MAINTAINS AND
MAKES AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM, CONSISTENT WITH THE RULES PERTAINING TO THE
DATABASE; AND
(b) NOTIFY THE ATTORNEY GENERAL THAT SUCH BASIS DOES NOT
APPLY OR NO LONGER APPLIES.
SECTION 5. In Colorado Revised Statutes, add 13-9-124 as
follows:
13-9-124. National instant criminal background check system -
judicial process for awarding relief from federal prohibitions -
legislative declaration. (1) Legislative declaration. THE PURPOSE OF THIS
SECTION IS TO SET FORTH A JUDICIAL PROCESS WHEREBY A PERSON MAY
APPLY OR PETITION FOR RELIEF FROM FEDERAL FIREARMS PROHIBITIONS
IMPOSED PURSUANT TO 18 U.S.C. SEC. 922 (d) (4) AND (g) (4), AS
PERMITTED BY THE FEDERAL "NICSIMPROVEMENT AMENDMENTS ACT OF
2007" (PUB.L. 110-180, SEC. 105).
(2) Eligibility. A PERSON MAY PETITION FOR RELIEF PURSUANT TO
THIS SECTION IF:
(a) (I) HE OR SHE HAS BEEN FOUND TO BE INCAPACITATED BY ORDER
OF THE COURT PURSUANT TO PART 3 OF ARTICLE 14 OF TITLE 15,C.R.S.;
(II) HE OR SHE HAS BEEN COMMITTED BY ORDER OF THE COURT TO
PAGE 11-HOUSE BILL 13-1229THE CUSTODY OF THE UNIT IN THE DEPARTMENT OF HUMAN SERVICES THAT
ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND SERVICES, INCLUDING
THOSE RELATED TO MENTAL HEALTH AND SUBSTANCE ABUSE, PURSUANT TO
SECTION 27-81-112 OR 27-82-108,C.R.S.; OR
(III) THE COURT HAS ENTERED AN ORDER FOR THE PERSON'S
INVOLUNTARY CERTIFICATION FOR SHORT-TERM TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-107, C.R.S., FOR EXTENDED
CERTIFICATION FOR TREATMENT OF MENTAL ILLNESS PURSUANT TO SECTION
27-65-108,C.R.S., OR FOR LONG-TERM CARE AND TREATMENT OF MENTAL
ILLNESS PURSUANT TO SECTION 27-65-109,C.R.S.; AND
(b) HE OR SHE IS A PERSON TO WHOM THE SALE OR TRANSFER OF A
FIREARM OR AMMUNITION IS PROHIBITED BY 18U.S.C. SEC. 922 (d) (4), OR
WHO IS PROHIBITED FROM SHIPPING, TRANSPORTING, POSSESSING, OR
RECEIVING A FIREARM OR AMMUNITION PURSUANT TO 18U.S.C. SEC.922 (g)
(4).
(3) Due process. IN A COURT PROCEEDING PURSUANT TO THIS
SECTION:
(a) THE PETITIONER SHALL HAVE AN OPPORTUNITY TO SUBMIT HIS OR
HER OWN EVIDENCE TO THE COURT CONCERNING HIS OR HER PETITION;
(b) THE COURT SHALL REVIEW THE EVIDENCE; AND
(c) THE COURT SHALL CREATE AND THEREAFTER MAINTAIN A
RECORD OF THE PROCEEDING.
(4) Proper record. IN DETERMINING WHETHER TO GRANT RELIEF TO
A PETITIONER PURSUANT TO THIS SECTION, THE COURT SHALL RECEIVE
EVIDENCE CONCERNING, AND SHALL CONSIDER:
(a) THE CIRCUMSTANCES REGARDING THE FIREARMS PROHIBITIONS
IMPOSED BY 18U.S.C. SEC. 922 (g) (4);
(b) THE PETITIONER'S RECORD, WHICH MUST INCLUDE, AT A
MINIMUM, THE PETITIONER'S MENTAL HEALTH RECORDS AND CRIMINAL
HISTORY RECORDS; AND
PAGE 12-HOUSE BILL 13-1229(c) THE PETITIONER'S REPUTATION, WHICH THE COURT SHALL
DEVELOP, AT A MINIMUM, THROUGH CHARACTER WITNESS STATEMENTS,
TESTIMONY, OR OTHER CHARACTER EVIDENCE.
(5) Proper findings. (a) BEFORE GRANTING RELIEF TO A PETITIONER
PURSUANT TO THIS SECTION, THE COURT SHALL ISSUE FINDINGS THAT:
(I) THE PETITIONER IS NOT LIKELY TO ACT IN A MANNER THAT IS
DANGEROUS TO PUBLIC SAFETY; AND
(II) GRANTING RELIEF TO THE PETITIONER IS NOT CONTRARY TO THE
PUBLIC INTEREST.
(b) (I) IF THE COURT DENIES RELIEF TO A PETITIONER PURSUANT TO
THIS SECTION, THE PETITIONER MAY PETITION THE COURT OF APPEALS TO
REVIEW THE DENIAL, INCLUDING THE RECORD OF THE DENYING COURT.
(II) A REVIEW OF A DENIAL SHALL BE DE NOVO IN THAT THE COURT
OF APPEALS MAY, BUT IS NOT REQUIRED TO, GIVE DEFERENCE TO THE
DECISION OF THE DENYING COURT.
(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.
SECTION 6. In Colorado Revised Statutes, 18-12-101, add (1)
(b.5) as follows:
18-12-101. Definitions - peace officer affirmative defense. (1) As
used in this article, unless the context otherwise requires:
(b.5) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401,C.R.S.
SECTION 7. In Colorado Revised Statutes, 18-12-202, repeal (1)
as follows:
18-12-202. Definitions. As used in this part 2, unless the context
otherwise requires:
PAGE 13-HOUSE BILL 13-1229(1) "Bureau" means the Colorado bureau of investigation within the
department of public safety.
SECTION 8. In Colorado Revised Statutes, 18-12-103.5, amend
(2) as follows:
18-12-103.5. Defaced firearms - contraband - destruction.
(2) Defaced firearms which THAT are deemed to be contraband shall be
placed in the possession of the Colorado bureau of investigation or of a
local law enforcement agency designated by the Colorado bureau of
investigation and shall be destroyed or rendered permanently inoperable.
SECTION 9. Appropriation to the department of public safety for the fiscal year beginning July 1, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305,
(HB 12-1335), amend Part XVII (1) (A), (5) (D), and the affected totals as amended by section 1 Senate Bill 13-101, as follows:
Section 2. Appropriation.
(5) COLORADO BUREAU OF INVESTIGATION
(D) State Point of Contact - National Instant Criminal Background Check Program
Personal Services 1,312,023 1,086,212 225,811
These amounts shall be from permit application fees collected pursuant to Section 18-12-205 (2) (b), C.R.S.
PAGE 17-HOUSE BILL 13-1229SECTION 10. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of public
safety, for the fiscal year beginning July 1, 2013, the sum of $1,415,932
and 24.7 FTE, or so much thereof as may be necessary, to be allocated for
the implementation of this act as follows:
(a) $324,806 for the executive director's office;
(b) $80,000 for the Colorado crime information center; and
(c) $1,011,126 and 24.7 FTE for the state point of contact-national
instant criminal background check program.
SECTION 11. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
instant criminal background check cash fund created in section
24-33.5-424 (3.5) (b), Colorado Revised Statutes, not otherwise
appropriated, to the department of public safety, for the fiscal year
beginning July 1, 2013, the sum of $1,415,932 and 24.7 FTE, or so
much thereof as may be necessary, to be allocated for the implementation
of this act as follows:
(a) $324,806 for the executive director's office;
(b) $80,000 for the Colorado crime information center; and
(c) $1,011,126 and 24.7 FTE for the state point of contact-national
instant criminal background check program.
SECTION 12. Effective date. This act takes effect upon passage;
except that section 10 of this act takes effect only if House Bill 13-1228
does not become law, and section 11 of this act takes effect only if House
Bill 13-1228 becomes law.
SECTION 13. Safety clause. The general assembly hereby finds,
PAGE 18-HOUSE BILL 13-1229determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.