Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

HB 13-1229 Background Checks for Gun Transfers Reps. Fields and McCann, Sen. Carroll

Staff Name: Gideon Irving What the Bill Does: Under federal law1, all Federal Firearm Licensees (FFLs) are required to precede any firearm transfer with a background check on the prospective transferee via the National Instant Criminal Background Check System2 (NICS). The NICS is a computerized system that can process background checks in as little as a few minutes. All FFLs in the U.S. are required to keep detailed records of all firearm transfers, via a Firearms Transaction Record (commonly known as Form 4473) that includes a record of the NICS check, name, address, date of birth, governmentissued photo-ID of the transferee, make/model/serial number of the firearm, and an affidavit stating that the transferee is legally eligible to purchase firearms. In Colorado, firearm transfers in which the transferor is not licensed do not require background checks unless the transfer occurs at a gun show. This bill requires private (non-FFL/non-licensed) transferors to obtain background checks for all firearm transfers and subsequently obtain approval of the transfer from the CBI. Background checks will be arranged through a licensed gun dealer who can charge a fee of up to $10. This will not be an additional fee on top of the one proposed in HB 1228 since that fee is charged by the CBI to the FLL. The fee under HB 1229 will just allow the FLL to pass on the cost of the fee to the unlicensed dealer. The licensed dealer will record the firearm transfer in the same detailed manner as all other transfers. Furthermore, this bill mandates that the clerk of every judicial district and probate court report to the CBI the same information it reports to the NICS of specified court orders relating to mental health and substance abuse. Lastly, this bill sets forth a judicial process for people to petition for relief from federal firearms prohibitions, meaning that a person who is federally prohibited from possessing a firearm may apply to become eligible for gun ownership. In granting relief to a petitioner, the court shall issue findings that the petitioner is not likely to endanger public safety and that granting relief to the petitioner is not contrary to the public interest.

1 2

Pub,L. 103-159, The Brady Handgun Violence Prevention Act U.S.C. 18 922(t)

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Colorado Context: In Colorado, there is no permit required for the purchase of any firearm. Colorado is one of six states that require background checks on all firearm purchases at gun shows3, a well-known forum for gun transfers from unlicensed gun sellers. There are 1,698 FFLs in Colorado.4 The Colorado Bureau of Investigation (CBI) serves as the Colorado point of contact for NICS background checks. CBI INSTACHECK FIREARM STATISTICS5 Year Approvals Percent Denials Percent Total 2010 209,255 97.44% 5,493 2.56% 214,748 2011 245,475 97.68% 5,832 2.32% 251,307 2012 335,940 97.86% 7,362 2.14% 343,302 In U.S. in 2009 a firearm was used in 8 percent of violent crimes, 28 percent of robberies, and 5 percent of assaults.6 Also, Colorado was one of only 10 states in which gun deaths outpaced motor vehicle deaths, 583 deaths to 565 deaths.7 In 2011, there were 147 murders in Colorado, 73 of which were the result of firearms, a 12 percent increase from 2010, bringing the firearm murder rate to 1.51 per 100,000 population.8 An estimated 40 percent of gun purchasers are not required to undergo background checks.9 National Context: New York famously passed comprehensive gun legislation, the NY SAFE Act in January. Unlike Colorado, New York requires a permit to purchase any firearm.10 Among the NY SAFE Acts provisions are items pertaining to mental health and private background checks, similar to HB 13-1229. The SAFE Act requires mental health professionals to report to local mental health officials when they believe a patient is likely to cause harm to themselves or others. This information is then crosschecked with a gun registration database and, if the patient possesses a gun, their firearm license is suspended and law enforcement is authorized to remove the gun.11 Twenty-nine states including Colorado require psychiatric reporting to the NICS.12 The NY SAFE Act requires all gun transfers between private parties, except

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http://www.csgv.org/issues-and-campaigns/gun-show-loophole http://www.atf.gov/about/foia/ffl-list.html

http://www.colorado.gov/cs/Satellite/CDPS-CBIMain/CBON/1251622199088 http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=43 7 http://www.slate.com/blogs/the_slatest/2012/12/18/gun_deaths_in_america_gun_deaths_out pace_motor_vehicle_deaths_in_at_least.html 8 U.S. FBI, Crime in the U.S. 2011 via: http://www.guardian.co.uk/news/datablog/2011/jan/10/gun-crime-us-state 9 http://smartgunlaws.org/background-checks-policy-summary/#footnote_13_5703
10 11 12

http://www.bradycampaign.org/stategunlaws/scorecard/NY http://www.governor.ny.gov/2013/gun-reforms http://www.ncsl.org/magazine/trends-and-transitions-march-2013.aspx

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

immediate family, to be conducted through a federal firearms licensee,13 causing them to be subject to an NICS background check, just like HB 13-1229 would require. Thirteen states require some sort of background check on unlicensed firearm sales that take place outside of gun shows: CA, CT, HI, IA (handguns only), MD (handguns and assault weapons), MA (license for all firearms and reporting of all private sales to the state and Dept. of Criminal Justice Information Services), MI (handguns only), NE (handguns only), NJ (permit for handguns and special ID card for rifles and shotguns), NY, NC (handguns only), PA (all firearms except long-barrel guns), and RI.14 Bill Provisions: Before any person who is not a licensed gun dealer attempts to transfer a firearm, he or she shall require that a background check be conducted of the prospective transferee and subsequently obtain approval of the transfer from CBI The non-licensed gun dealer shall arrange for a licensed dealer to conduct the background check and to keep a detailed record of the transfer in the same manner as when conducting a retail gun sale. For performing a background check, a licensed dealer may charge a fee of up to $10. A prospective firearm transferee shall not accept a firearm until the transfer has been approved by CBI and the background check has been requested CBI approval of a transfer is valid for up to 30 days A person who transfers a gun in violation of these provisions may be found liable for civil damages caused by the transferees use of the firearm Exceptions to this bill include: antique firearm transfers, transfers among immediate family members, transfers that occur by law or as the result of executing a will following a death, temporary transfers at a shooting range, shooting competition, while hunting, or in order to repair the firearm A person who violates this statute commits a class 1 misdemeanor that will be reported to NICS and is prohibited from possessing a firearm for two years Each probate court and judicial district in the state must report the same information to CBI that it reports to NICS regarding court orders of mental health and substance abuse and must keep CBI updated regarding changes in information People may apply for relief from federal firearms bans. In granting relief to a petitioner, the court shall issue findings that the petitioner is not likely to endanger public safety and that granting relief to the petitioner is not contrary to the public interest. Fiscal Impact: The Colorado Legislative Council estimates there will be a fiscal impact of $1.61 million in expenditures from the General Fund in FY2013-14 and $1.66 million in FY2014-15. Expenditures increase due to the number of private gun transfers which are estimated in the fiscal note to increase 10 percent from 200,000 in
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http://www.governor.ny.gov/2013/gun-reforms ://smartgunlaws.org/category/state-private-sales-of-guns/

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

FY2013-14 to 220,000 in FY2014-15. This fiscal note would be eliminated with the passage of HB 1228 since it would shift the cost from the state to gun transferors.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.