1997
HOUSE BILL 971090
BY REPRESENTATIVES Schwarz, Arrington, Dean, Kaufman, McElhaney, Owen, Paschall, Smith, Swenson, T. Williams, and Young;
also SENATORS Powers, Chlouber and Tebedo.
CONCERNING AMENDMENTS TO THE "INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM ACT" TO CONFORM TO FEDERAL STATUTES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1226.5102 (5),
Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended
to read:
1226.5102. Definitions. As
used in this article, unless the context otherwise requires:
(5) "Transfer" means the sale
or delivery of any handgun in this state by a transferor, as such
term is defined in subsection (7) of this section, to a transferee,
as such term is defined in subsection (6) of this section; EXCEPT
THAT "TRANSFER" DOES NOT INCLUDE ANY TRANSACTION IN
WHICH A HANDGUN IS RETURNED BY A TRANSFEROR TO THE PERSON FROM
WHOM IT WAS RECEIVED, INCLUDING BUT NOT LIMITED TO RETURN OF THE
HANDGUN BASED ON A CONSIGNMENT AGREEMENT, REPAIR AGREEMENT, OR
ANY AGREEMENT WITH THE ENTITY OR PERSON RETURNING THE HANDGUN
TO HOLD THE HANDGUN AS COLLATERAL.
SECTION 2. 1226.5106 (1) (a),
Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended,
and the said 1226.5106 (1) is further amended
BY THE ADDITION OF A NEW PARAGRAPH, to read:
1226.5106. Persons exempt
as transferees transferors. (1) The
provisions of this article that apply to transferors or transferees
shall not apply to:
(a) Any local, state, or federal law enforcement
officer or agent, when the transfer is made to the officer or
agent for official law enforcement purposes AND WHEN THE OFFICER
OR AGENT MAY LAWFULLY POSSESS THE HANDGUN THAT IS TO BE TRANSFERRED;
(c) ANY TRANSFEREE WHO, AT THE TIME OF
THE TRANSFER, IS IN LAWFUL POSSESSION OF A CONCEALED WEAPONS PERMIT
ISSUED PURSUANT TO SECTION 1812105.1, C.R.S.
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO