UPDATED SUMMARY

SENATE BILL 13-197

First Regular Session - Sixty-ninth Colorado General Assembly



           This summary applies to the reengrossed version of this bill as introduced in the second house. It does not reflect any amendments that may be subsequently adopted. This summary reflects only the main points of the legislation. To see the actual language of the bill, please click here and navigate to the most current version of the bill.


           When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, the court:

                    Shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control; and

                    May require that before the person is released from custody on bond, the person shall relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control.

 In the case of a person who is served in court with a protection order to prevent domestic violence, and in the case of a person who is served with a mandatory protection order prohibiting the person from possessing or controlling firearms or other weapons, the person must relinquish any firearm or ammunition within 24 hours. In the case of a person who is served outside of the court with a protection order to prevent domestic violence, the person must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable.

           To satisfy the requirement, the person may:

                    Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer;

                    Arrange for the storage of the firearm or ammunition by a law enforcement agency; or

                    Sell or transfer the firearm or ammunition to a private party; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system.

           If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court as a condition of the person's sentence, shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the person may be released not more than 24 hours after the person's release from such incarceration or custody or be held in contempt of court. The court, in its discretion, may require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the end of the person's incarceration.

           If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:

                    From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the person and the transferee; and

                    From the licensed gun dealer who requests from the Colorado bureau of investigation a background check of the transferee, a written statement of the results of the background check.

           If a local law enforcement agency elects to store firearms or ammunition for a person:

                    The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; and

                    The agency may establish policies for disposal of abandoned or stolen firearms or ammunition.

           A federally licensed firearms dealer who takes possession of a firearm or ammunition, and a law enforcement agency that stores a firearm or ammunition, shall issue a receipt to the person who transfers possession of the firearm or ammunition. Not more than 3 calendar days after relinquishing the firearm or ammunition, the person shall file a copy of the receipt with the court as proof of the relinquishment. A person who fails to timely file a receipt commits a class 2 misdemeanor.

           A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order.






Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.

Prepared by the Office of Legislative Legal Services.