First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0538.01 Richard Sweetman x4333HOUSE BILL 15-1086 HOUSE SPONSORSHIP Neville P., Humphrey, Everett, Joshi, Saine, Nordberg, Ransom, Szabo, Van Winkle SENATE SPONSORSHIP Neville T., Lambert, Lundberg, Woods, Cooke, Baumgardner, Marble House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning requiring the Colorado bureau of investigation to facilitate lawful transfers of firearms by timely producing certificates for transferees. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) For transfers of machine guns, destructive devices, and certain types of firearms, federal law requires prospective transferees, in addition to submitting to a criminal records background check, to acquire a certificate from a law enforcement entity, which certificate states that: The certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant; and The certifying official has no information indicating that the receipt or possession of the firearm or device would place the transferee in violation of state or local law or that the transferee will use the firearm or device for an unlawful purpose. The bill states that if a prospective transferee requests such a certificate from the Colorado bureau of investigation, then not later than 5 days after receiving the request, the director of the bureau, or his or her designee, shall either: Produce the certificate and transfer it to the possession of the prospective transferee; or Deny the certificate and provide the prospective transferee a written explanation of why the certificate was denied and an opportunity to provide additional information relating to the reason for the refusal. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-33.5-424, add (3.2) as follows: 24-33.5-424. National instant criminal background check system - state point of contact - fee - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - instant criminal background check cash fund - creation. (3.2) (a) If, for the purpose of completing a transfer of a machine gun, destructive device, or any other firearm or weapon as defined in 27 CFR 479.11, a prospective transferee is required to complete a certificate as described in 27 CFR 479.63 or 27 CFR 479.85 and the prospective transferee requests such a certificate from the bureau, then not later than five days after receiving the request, the director, or his or her designee, shall either: (I) Produce the certificate and transfer it to the possession of the prospective transferee; or (II) Deny the certificate and provide the prospective transferee: (A) A written explanation of why the certificate was denied; and (B) An opportunity to provide additional information relating to the reason for the denial. (b) (I) If the director, or his or her designee, denies a certificate pursuant to subparagraph (II) of paragraph (a) of this subsection (3.2), the prospective transferee may seek judicial review of the denial. The prospective transferee may seek judicial review either in lieu of or subsequent to the director's, or the director's designee's, second review. (II) The procedures specified in rule 106 (a) (4) and (b) of the Colorado rules of civil procedure determine the timelines for filing a complaint, an answer, and briefs for judicial review pursuant to this subsection (3.2). (III) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this subsection (3.2), the director, or his or her designee, has the burden of proving by a preponderance of the evidence that the prospective transferee is ineligible to possess a certificate under criteria specified in state or federal law. (IV) Following completion of a judicial review pursuant to this subsection (3.2), the court may award attorney fees to the prevailing party. (c) If the director, or his or her designee, produces a certificate and transfers it to the possession of a prospective transferee pursuant to subparagraph (I) of paragraph (a) of this subsection (3.2), the bureau shall not retain a record of providing the certificate unless the record is redacted so that it does not indicate the particular model or serial number of the firearm or device for which the certificate was required. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.