First Regular SessionSixty-ninth General AssemblySTATE OF COLORADO

INTRODUCED

LLS NO. 13-0840.01 Richard Sweetman x4333 SENATE BILL 13-197

Senate Committees House CommitteesJudiciary

A BILL FOR AN ACT

CONCERNING PREVENTING PERSONS WHO HAVE COMMITTED101

DOMESTIC VIOLENCE FROM POSSESSING FIREARMS.102

Bill Summary

(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://www.leg.state.co.us/billsummaries.)

When a court subjects a person to a protection order to preventdomestic violence or a protection order that prohibits the person frompossessing or controlling firearms or other weapons, or the court convictsa person of a misdemeanor or felony domestic violence offense, the courtshall require the person to relinquish any firearm or ammunition in the

SENATE SPONSORSHIPHudak, Newell

HOUSE SPONSORSHIPMcCann and Fields,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.

person's immediate possession or control or subject to the person'simmediate possession or control. In the case of a person who is served incourt with a protection order to prevent domestic violence, and in the caseof a person who is served with a mandatory protection order prohibitingthe person from possessing or controlling firearms or other weapons, theperson must relinquish any firearm or ammunition within 24 hours. In thecase of a person who is served outside of the court with a protection orderto prevent domestic violence, the person must relinquish any firearm orammunition within 48 hours. However, a court may allow a person up to72 hours to comply if the person demonstrates to the satisfaction of thecourt that he or she is unable to comply within 24 or 48 hours, asapplicable.

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 orammunition to a private party unless the private party hasbeen approved to possess or purchase a firearm pursuant toa background check of the national instant criminalbackground check system.

If a person is unable to satisfy the requirement because he or sheis incarcerated or otherwise held in the custody of a law enforcementagency, the court, as a condition of the person's sentence, shall require theperson to relinquish any firearm or ammunition in the person's immediatepossession or control or subject to the person's immediate possession orcontrol before the person may be released from such incarceration orcustody.

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

! From the transferee, a written receipt acknowledging thetransfer, which receipt shall be dated and signed by theperson and the transferee; and

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

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

! The agency may charge a fee for such storage, the amountof which shall not exceed the direct and indirect costsincurred by the agency in providing such storage; and

! The agency may establish policies for disposal of

SB13-197-2-

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 afirearm or ammunition, shall issue a receipt to the person who transferspossession of the firearm or ammunition. Not more than 3 calendar daysafter relinquishing the firearm or ammunition, the person shall file a copyof the receipt with the court as proof of the relinquishment. A personwho fails to timely file a receipt commits a class 2 misdemeanor.

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

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. Legislative declaration. (1) The general assembly2

finds that:3

(a) Many domestic violence offenders are subjected to civil or4

criminal protection orders or are convicted of crimes with an underlying5

factual basis of domestic violence and, pursuant to federal law, are6

prohibited from purchasing or possessing firearms or ammunition;7

(b) Despite efforts by law enforcement, prosecutors, and judges8

at the state level, gun violence against intimate partners continues to9

plague Colorado;10

(c) Each year, persons who commit domestic violence use11

firearms to threaten, injure, and kill victims, and firearms are the weapon12

used most often in deaths due to domestic violence;13

(d) The immediate period proceeding a domestic violence14

conviction or the issuance of a domestic violence protection order is a15

particularly dangerous time for victims of domestic violence;16

(e) The federal "Gun Ban for Individuals Convicted of a17

Misdemeanor Crime of Domestic Violence", Pub.L. 104–208, specifically18

addresses the most dangerous domestic violence offenders; that is, those19

SB13-197-3-

who have the highest risk of committing a domestic violence homicide1

involving a firearm; and2

(f) State enforcement of these federal laws is needed and is the3

key to help protect victims of domestic violence and their children.4

(2) Now, therefore, the general assembly hereby declares that if5

a person is convicted of a qualifying misdemeanor or felony offense with6

an underlying factual basis of domestic violence or subjected to a7

qualifying civil or mandatory criminal protection order that prohibits the8

person from purchasing or possessing firearms or ammunition under the9

federal "Gun Control Act of 1968", chapter 44 of title 18, U.S.C., as10

amended, the court shall require the respondent to:11

(a) Refrain from possessing or purchasing any firearm or12

ammunition for the duration of the order; and13

(b) Relinquish any firearm or ammunition in the respondent's14

immediate possession or control or subject to the respondent's immediate15

possession or control.16

SECTION 2. In Colorado Revised Statutes, 13-14-102, add (22)17

as follows:18

13-14-102. Civil protection orders - legislative declaration.19

(22) (a) WHEN THE COURT SUBJECTS A PERSON TO A CIVIL PROTECTION20

ORDER TO PREVENT DOMESTIC ABUSE, WHICH PROTECTION ORDER21

QUALIFIES AS AN ORDER DESCRIBED IN 18 U.S.C. SEC. 922 (d) (8) AND (g)22

(8), THE COURT, AS PART OF SUCH ORDER, SHALL REQUIRE THE PERSON TO:23

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR24

AMMUNITION FOR THE DURATION OF THE ORDER; AND25

(II) RELINQUISH, FOR THE DURATION OF THE ORDER, ANY FIREARM26

OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR27

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CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR1

CONTROL.2

(b) (I) EXCEPT AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS3

PARAGRAPH (b), UPON ISSUANCE OF AN ORDER PURSUANT TO PARAGRAPH4

(a) OF THIS SUBSECTION (22), THE RESPONDENT SHALL RELINQUISH ANY5

FIREARM OR AMMUNITION:6

(A) NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING SERVED7

WITH THE ORDER IN OPEN COURT; OR8

(B) NOT MORE THAN FORTY-EIGHT HOURS AFTER BEING SERVED9

WITH THE ORDER OUTSIDE OF THE COURT.10

(II) A COURT MAY ALLOW A RESPONDENT UP TO SEVENTY-TWO11

HOURS TO COMPLY WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IF12

THE RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT13

THAT HE OR SHE IS UNABLE TO COMPLY WITHIN THE TIME FRAME SET14

FORTH IN SAID SUBPARAGRAPH (I).15

(III) TO SATISFY THE REQUIREMENT IN SUBPARAGRAPH (I) OF THIS16

PARAGRAPH (b), THE RESPONDENT MAY:17

(A) SELL OR TRANSFER POSSESSION OF THE FIREARM OR18

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN19

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL20

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS21

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR22

AMMUNITION;23

(B) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION24

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL25

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO26

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR27

SB13-197-5-

(C) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION1

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR2

AMMUNITION; EXCEPT THAT THE PERSON SHALL NOT TRANSFER A FIREARM3

OR AMMUNITION TO A PRIVATE PARTY UNLESS THE PRIVATE PARTY HAS4

BEEN APPROVED TO POSSESS OR PURCHASE A FIREARM PURSUANT TO A5

BACKGROUND CHECK OF THE NATIONAL INSTANT CRIMINAL BACKGROUND6

CHECK SYSTEM, WHICH BACKGROUND CHECK SHALL BE PERFORMED BY7

THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO SECTION8

24-33.5-424, C.R.S., UPON THE REQUEST OF A LICENSED GUN DEALER, AS9

DEFINED IN SECTION 12-26.1-106 (6), C.R.S.10

(c) IF A RESPONDENT IS UNABLE TO SATISFY THE PROVISIONS OF11

PARAGRAPH (b) OF THIS SUBSECTION (22) BECAUSE HE OR SHE IS12

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW13

ENFORCEMENT AGENCY, THE COURT, AS A CONDITION OF THE14

RESPONDENT'S SENTENCE, SHALL REQUIRE THE PERSON TO RELINQUISH15

ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE16

POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE17

POSSESSION OR CONTROL BEFORE THE RESPONDENT IS RELEASED FROM18

SUCH INCARCERATION OR CUSTODY.19

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES20

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS SECTION21

SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME OF22

RELINQUISHMENT.23

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE24

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION25

(22). IF AN AGENCY SO ELECTS:26

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE27

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AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS1

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;2

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF3

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND4

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT5

AT THE TIME THE RESPONDENT RELINQUISHES POSSESSION OF A FIREARM6

OR AMMUNITION.7

(f) IF A RESPONDENT SELLS OR OTHERWISE TRANSFERS A FIREARM8

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE9

FIREARM OR AMMUNITION, AS DESCRIBED IN SUB-SUBPARAGRAPH (C) OF10

SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (22), THE11

RESPONDENT SHALL ACQUIRE:12

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING13

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE14

RESPONDENT AND THE TRANSFEREE; AND15

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE16

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE17

TRANSFEREE, AS DESCRIBED IN SUB-SUBPARAGRAPH (C) OF18

SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (22), A19

WRITTEN STATEMENT OF THE RESULTS OF THE BACKGROUND CHECK.20

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE21

RELINQUISHMENT, THE RESPONDENT SHALL FILE A COPY OF THE RECEIPT22

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (22),23

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A24

BACKGROUND CHECK PERFORMED ON THE TRANSFEREE, AS DESCRIBED IN25

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (22), WITH26

THE COURT AS PROOF OF THE RELINQUISHMENT. IF A RESPONDENT FAILS TO27

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TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS1

PARAGRAPH (g):2

(I) THE FAILURE CONSTITUTES A VIOLATION OF THE PROTECTION3

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c), C.R.S.; AND4

(II) THE COURT SHALL ISSUE A WARRANT FOR THE RESPONDENT'S5

ARREST.6

(h) NOTHING IN THIS SUBSECTION (22) SHALL BE CONSTRUED TO7

LIMIT A RESPONDENT'S RIGHT TO PETITION THE COURT FOR DISMISSAL OF8

A PROTECTION ORDER.9

(i) A PERSON SUBJECT TO A CIVIL PROTECTION ORDER ISSUED10

PURSUANT TO SUBSECTION (1.5) OF THIS SECTION WHO POSSESSES OR11

ATTEMPTS TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION WHILE12

THE PROTECTION ORDER IS IN EFFECT VIOLATES THE ORDER PURSUANT TO13

SECTION 18-6-803.5 (1) (c), C.R.S.14

SECTION 3. In Colorado Revised Statutes, 18-1-1001, add (9)15

as follows:16

18-1-1001. Protection order against defendant. (9) (a) WHEN17

THE COURT SUBJECTS A PERSON TO A MANDATORY PROTECTION ORDER18

THAT PROHIBITS THE PERSON FROM POSSESSING OR CONTROLLING19

FIREARMS OR AMMUNITION, AND THE PROTECTION ORDER QUALIFIES AS AN20

ORDER DESCRIBED IN 18 U.S.C. SEC. 922 (g) (8), THE COURT, AS PART OF21

SUCH ORDER, SHALL REQUIRE THE RESPONDENT TO:22

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR23

AMMUNITION FOR THE DURATION OF THE ORDER; AND24

(II) RELINQUISH, FOR THE DURATION OF THE ORDER, ANY FIREARM25

OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR26

CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR27

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CONTROL.1

(b) UPON ISSUANCE OF AN ORDER PURSUANT TO PARAGRAPH (a) OF2

THIS SUBSECTION (9), THE RESPONDENT SHALL RELINQUISH ANY FIREARM3

OR AMMUNITION NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING4

SERVED WITH THE ORDER; EXCEPT THAT A COURT MAY ALLOW A5

RESPONDENT UP TO SEVENTY-TWO HOURS TO COMPLY WITH THIS6

PARAGRAPH (b) IF THE RESPONDENT DEMONSTRATES TO THE SATISFACTION7

OF THE COURT THAT HE OR SHE IS UNABLE TO COMPLY WITHIN8

TWENTY-FOUR HOURS. TO SATISFY THIS REQUIREMENT, THE RESPONDENT9

MAY:10

(I) SELL OR TRANSFER POSSESSION OF THE FIREARM OR11

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN12

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL13

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS14

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR15

AMMUNITION;16

(II) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION17

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL18

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO19

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR20

(III) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION21

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR22

AMMUNITION; EXCEPT THAT THE PERSON SHALL NOT TRANSFER A FIREARM23

OR AMMUNITION TO A PRIVATE PARTY UNLESS THE PRIVATE PARTY HAS24

BEEN APPROVED TO POSSESS OR PURCHASE A FIREARM PURSUANT TO A25

BACKGROUND CHECK OF THE NATIONAL INSTANT CRIMINAL BACKGROUND26

CHECK SYSTEM, WHICH BACKGROUND CHECK SHALL BE PERFORMED BY27

SB13-197-9-

THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO SECTION1

24-33.5-424, C.R.S., UPON THE REQUEST OF A LICENSED GUN DEALER, AS2

DEFINED IN SECTION 12-26.1-106 (6), C.R.S.3

(c) IF A RESPONDENT IS UNABLE TO SATISFY THE PROVISIONS OF4

PARAGRAPH (b) OF THIS SUBSECTION (9) BECAUSE HE OR SHE IS5

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW6

ENFORCEMENT AGENCY, THE COURT SHALL REQUIRE THE PERSON TO7

RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S8

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S9

IMMEDIATE POSSESSION OR CONTROL BEFORE THE RESPONDENT IS10

RELEASED FROM SUCH INCARCERATION OR CUSTODY.11

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES12

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS SECTION13

SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME OF14

RELINQUISHMENT.15

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE16

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION17

(9). IF AN AGENCY SO ELECTS:18

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE19

AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS20

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;21

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF22

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND23

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT24

AT THE TIME THE RESPONDENT RELINQUISHES POSSESSION OF A FIREARM25

OR AMMUNITION.26

(f) IF A RESPONDENT SELLS OR OTHERWISE TRANSFERS A FIREARM27

SB13-197-10-

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE1

FIREARM OR AMMUNITION, AS DESCRIBED IN SUBPARAGRAPH (III) OF2

PARAGRAPH (b) OF THIS SUBSECTION (9), THE RESPONDENT SHALL3

ACQUIRE:4

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING5

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE6

RESPONDENT AND THE TRANSFEREE; AND7

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE8

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE9

TRANSFEREE, AS DESCRIBED IN SAID SUBPARAGRAPH (III) OF PARAGRAPH10

(b) OF THIS SUBSECTION (9), A WRITTEN STATEMENT OF THE RESULTS OF11

THE BACKGROUND CHECK.12

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE13

RELINQUISHMENT, THE RESPONDENT SHALL FILE A COPY OF THE RECEIPT14

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (9)15

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A16

BACKGROUND CHECK PERFORMED ON THE TRANSFEREE, AS DESCRIBED IN17

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (9), WITH THE18

COURT AS PROOF OF THE RELINQUISHMENT. IF A RESPONDENT FAILS TO19

TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS20

PARAGRAPH (g):21

(I) THE FAILURE CONSTITUTES A VIOLATION OF THE PROTECTION22

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c); AND23

(II) THE COURT SHALL ISSUE A WARRANT FOR THE RESPONDENT'S24

ARREST.25

(h) NOTHING IN THIS SUBSECTION (9) SHALL BE CONSTRUED TO26

LIMIT A RESPONDENT'S RIGHT TO PETITION THE COURT FOR DISMISSAL OF27

SB13-197-11-

A PROTECTION ORDER.1

(i) A PERSON SUBJECT TO A MANDATORY PROTECTION ORDER2

ISSUED PURSUANT TO PARAGRAPH (c) OF SUBSECTION (3) OF THIS SECTION3

WHO POSSESSES OR ATTEMPTS TO PURCHASE OR RECEIVE A FIREARM OR4

AMMUNITION WHILE THE PROTECTION ORDER IS IN EFFECT VIOLATES THE5

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c).6

SECTION 4. In Colorado Revised Statutes, 18-6-801, add (8) as7

follows:8

18-6-801. Domestic violence - sentencing. (8) (a) IN ADDITION9

TO ANY SENTENCE THAT IS IMPOSED UPON A PERSON FOR VIOLATION OF10

ANY CRIMINAL LAW UNDER THIS TITLE, IF A PERSON IS CONVICTED OF ANY11

CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH IS FOUND BY THE12

COURT TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS DEFINED13

IN 18 U.S.C. SEC. 921 (a) (33), OR TO INCLUDE AN ACT OF DOMESTIC14

VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), OR ANY CRIME AGAINST15

PROPERTY, WHETHER OR NOT SUCH CRIME IS A FELONY, WHEN SUCH CRIME16

IS USED AS A METHOD OF COERCION, CONTROL, PUNISHMENT,17

INTIMIDATION, OR REVENGE DIRECTED AGAINST A PERSON WITH WHOM18

THE ACTOR IS OR HAS BEEN INVOLVED IN AN INTIMATE RELATIONSHIP, THE19

COURT SHALL ORDER THE PERSON TO:20

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR21

AMMUNITION FOR THE DURATION OF THE ORDER; AND22

(II) RELINQUISH ANY FIREARM OR AMMUNITION IN THE PERSON'S23

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S24

IMMEDIATE POSSESSION OR CONTROL.25

(b) UPON ISSUANCE OF AN ORDER TO RELINQUISH ONE OR MORE26

FIREARMS OR AMMUNITION PURSUANT TO PARAGRAPH (a) OF THIS27

SB13-197-12-

SUBSECTION (8), THE DEFENDANT SHALL RELINQUISH ANY FIREARM OR1

AMMUNITION NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING SERVED2

WITH THE ORDER; EXCEPT THAT A COURT MAY ALLOW A RESPONDENT UP3

TO SEVENTY-TWO HOURS TO COMPLY WITH THIS PARAGRAPH (b) IF THE4

RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT5

HE OR SHE IS UNABLE TO COMPLY WITHIN TWENTY-FOUR HOURS. TO6

SATISFY THIS REQUIREMENT, THE RESPONDENT MAY:7

(I) SELL OR TRANSFER POSSESSION OF THE FIREARM OR8

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN9

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL10

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS11

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR12

AMMUNITION;13

(II) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION14

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL15

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO16

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR17

(III) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION18

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR19

AMMUNITION; EXCEPT THAT THE PERSON SHALL NOT TRANSFER A FIREARM20

OR AMMUNITION TO A PRIVATE PARTY UNLESS THE PRIVATE PARTY HAS21

BEEN APPROVED TO POSSESS OR PURCHASE A FIREARM PURSUANT TO A22

BACKGROUND CHECK OF THE NATIONAL INSTANT CRIMINAL BACKGROUND23

CHECK SYSTEM, WHICH BACKGROUND CHECK SHALL BE PERFORMED BY24

THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO SECTION25

24-33.5-424, C.R.S., UPON THE REQUEST OF A LICENSED GUN DEALER, AS26

DEFINED IN SECTION 12-26.1-106 (6), C.R.S.27

SB13-197-13-

(c) IF A DEFENDANT IS UNABLE TO SATISFY THE PROVISIONS OF1

PARAGRAPH (b) OF THIS SUBSECTION (8) BECAUSE HE OR SHE IS2

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW3

ENFORCEMENT AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO4

RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S5

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S6

IMMEDIATE POSSESSION OR CONTROL BEFORE THE DEFENDANT IS7

RELEASED FROM SUCH INCARCERATION OR CUSTODY.8

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES9

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS10

SUBSECTION (8) SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME11

OF RELINQUISHMENT.12

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE13

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION14

(8). IF AN AGENCY SO ELECTS:15

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE16

AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS17

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;18

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF19

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND20

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT21

AT THE TIME THE DEFENDANT RELINQUISHES POSSESSION OF A FIREARM OR22

AMMUNITION.23

(f) IF A DEFENDANT SELLS OR OTHERWISE TRANSFERS A FIREARM24

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE25

FIREARM OR AMMUNITION, AS DESCRIBED IN SUBPARAGRAPH (III) OF26

PARAGRAPH (b) OF THIS SUBSECTION (8), THE DEFENDANT SHALL 27

SB13-197-14-

ACQUIRE:1

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING2

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE3

DEFENDANT AND THE TRANSFEREE; AND4

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE5

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE6

TRANSFEREE, AS DESCRIBED IN SUBPARAGRAPH (III) OF PARAGRAPH (b) OF7

THIS SUBSECTION (8), A WRITTEN STATEMENT OF THE RESULTS OF THE8

BACKGROUND CHECK.9

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE10

RELINQUISHMENT, THE DEFENDANT SHALL FILE A COPY OF THE RECEIPT11

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (8),12

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A13

BACKGROUND CHECK PERFORMED ON THE TRANSFEREE, AS DESCRIBED IN14

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (8), WITH THE15

COURT AS PROOF OF THE RELINQUISHMENT. IF A DEFENDANT FAILS TO16

TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS17

PARAGRAPH (g):18

(I) THE FAILURE CONSTITUTES A CLASS 2 MISDEMEANOR, AND THE19

DEFENDANT SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401;20

AND21

(II) THE COURT SHALL ISSUE A WARRANT FOR THE DEFENDANT'S22

ARREST.23

SECTION 5. In Colorado Revised Statutes, 18-6-803.5, amend24

(1) as follows:25

18-6-803.5. Crime of violation of a protection order - penalty26

- peace officers' duties. (1) A person commits the crime of violation of27

SB13-197-15-

a protection order if, after the person has been personally served with a1

protection order that identifies the person as a restrained person or2

otherwise has acquired from the court or law enforcement personnel3

actual knowledge of the contents of a protection order that identifies the4

person as a restrained person, the person:5

(a) Contacts, harasses, injures, intimidates, molests, threatens, or6

touches the protected person or protected property, including an animal,7

identified in the protection order or enters or remains on premises or8

comes within a specified distance of the protected person, protected9

property, including an animal, or premises or violates any other provision10

of the protection order to protect the protected person from imminent11

danger to life or health, and such conduct is prohibited by the protection12

order; or13

(b) Except as permitted pursuant to section 18-13-126 (1) (b),14

hires, employs, or otherwise contracts with another person to locate or15

assist in the location of the protected person; OR16

(c) VIOLATES A CIVIL PROTECTION ORDER ISSUED PURSUANT TO17

SECTION 13-14-102 (22), C.R.S., OR PURSUANT TO SECTION 18-1-1001 (9) 18

BY:19

(I) POSSESSING OR ATTEMPTING TO PURCHASE OR RECEIVE A20

FIREARM OR AMMUNITION WHILE THE PROTECTION ORDER IS IN EFFECT; OR21

(II) FAILING TO TIMELY FILE A RECEIPT OR WRITTEN STATEMENT22

WITH THE COURT AS DESCRIBED IN SECTION 13-14-102 (22) (g), C.R.S., OR23

IN SECTION 18-1-1001(9) (g) OR 18-6-801(8) (g).24

SECTION 6. In Colorado Revised Statutes, 13-14-102, add (22)25

as follows:26

13-14-102. Civil protection orders - legislative declaration.27

SB13-197-16-

(22) (a) WHEN THE COURT SUBJECTS A PERSON TO A CIVIL PROTECTION1

ORDER TO PREVENT DOMESTIC ABUSE, WHICH PROTECTION ORDER2

QUALIFIES AS AN ORDER DESCRIBED IN 18 U.S.C. SEC. 922 (d) (8) AND (g)3

(8), THE COURT, AS PART OF SUCH ORDER, SHALL REQUIRE THE PERSON TO:4

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR5

AMMUNITION FOR THE DURATION OF THE ORDER; AND6

(II) RELINQUISH, FOR THE DURATION OF THE ORDER, ANY FIREARM7

OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR8

CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR9

CONTROL.10

(b) (I) EXCEPT AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS11

PARAGRAPH (b), UPON ISSUANCE OF AN ORDER PURSUANT TO PARAGRAPH12

(a) OF THIS SUBSECTION (22), THE RESPONDENT SHALL RELINQUISH ANY13

FIREARM OR AMMUNITION:14

(A) NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING SERVED15

WITH THE ORDER IN OPEN COURT; OR16

(B) NOT MORE THAN FORTY-EIGHT HOURS AFTER BEING SERVED17

WITH THE ORDER OUTSIDE OF THE COURT.18

(II) A COURT MAY ALLOW A RESPONDENT UP TO SEVENTY-TWO19

HOURS TO COMPLY WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IF20

THE RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT21

THAT HE OR SHE IS UNABLE TO COMPLY WITHIN THE TIME FRAME SET22

FORTH IN SAID SUBPARAGRAPH (I).23

(III) TO SATISFY THE REQUIREMENT IN SUBPARAGRAPH (I) OF THIS24

PARAGRAPH (b), THE RESPONDENT MAY:25

(A) SELL OR TRANSFER POSSESSION OF THE FIREARM OR26

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN27

SB13-197-17-

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL1

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS2

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR3

AMMUNITION;4

(B) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION5

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL6

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO7

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR8

(C) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION9

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR10

AMMUNITION; EXCEPT THAT A PERSON WHO SELLS OR TRANSFERS A11

FIREARM PURSUANT TO THIS SUB-SUBPARAGRAPH (C) SHALL SATISFY ALL12

OF THE PROVISIONS OF SECTION 18-12-112, C.R.S., CONCERNING PRIVATE13

FIREARMS TRANSFERS, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE14

OF A CRIMINAL BACKGROUND CHECK OF THE TRANSFEREE.15

(c) IF A RESPONDENT IS UNABLE TO SATISFY THE PROVISIONS OF16

PARAGRAPH (b) OF THIS SUBSECTION (22) BECAUSE HE OR SHE IS17

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW18

ENFORCEMENT AGENCY, THE COURT, AS A CONDITION OF THE19

RESPONDENT'S SENTENCE, SHALL REQUIRE THE PERSON TO RELINQUISH20

ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE21

POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE22

POSSESSION OR CONTROL BEFORE THE RESPONDENT IS RELEASED FROM23

SUCH INCARCERATION OR CUSTODY.24

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES25

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS SECTION26

SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME OF27

SB13-197-18-

RELINQUISHMENT.1

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE2

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION3

(22). IF AN AGENCY SO ELECTS:4

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE5

AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS6

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;7

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF8

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND9

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT10

AT THE TIME THE RESPONDENT RELINQUISHES POSSESSION OF A FIREARM11

OR AMMUNITION.12

(f) IF A RESPONDENT SELLS OR OTHERWISE TRANSFERS A FIREARM13

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE14

FIREARM OR AMMUNITION, AS DESCRIBED IN SUB-SUBPARAGRAPH (C) OF15

SUBPARAGRAPH (III) OF PARAGRAPH (b) OF THIS SUBSECTION (22), THE16

RESPONDENT SHALL ACQUIRE:17

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING18

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE19

RESPONDENT AND THE TRANSFEREE; AND20

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE21

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE22

TRANSFEREE, AS DESCRIBED IN SECTION 18-12-112, C.R.S., A WRITTEN23

STATEMENT OF THE RESULTS OF THE BACKGROUND CHECK.24

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE25

RELINQUISHMENT, THE RESPONDENT SHALL FILE A COPY OF THE RECEIPT26

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (22),27

SB13-197-19-

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A1

BACKGROUND CHECK PERFORMED ON THE RESPONDENT, AS DESCRIBED IN2

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (22), WITH3

THE COURT AS PROOF OF THE RELINQUISHMENT. IF A RESPONDENT FAILS TO4

TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS5

PARAGRAPH (g):6

(I) THE FAILURE CONSTITUTES A VIOLATION OF THE PROTECTION7

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c), C.R.S.; AND8

(II) THE COURT SHALL ISSUE A WARRANT FOR THE RESPONDENT'S9

ARREST.10

(h) NOTHING IN THIS SUBSECTION (22) SHALL BE CONSTRUED TO11

LIMIT A RESPONDENT'S RIGHT TO PETITION THE COURT FOR DISMISSAL OF12

A PROTECTION ORDER.13

(i) A PERSON SUBJECT TO A CIVIL PROTECTION ORDER ISSUED14

PURSUANT TO SUBSECTION (1.5) OF THIS SECTION WHO POSSESSES OR15

ATTEMPTS TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION WHILE16

THE PROTECTION ORDER IS IN EFFECT VIOLATES THE ORDER PURSUANT TO17

SECTION 18-6-803.5 (1) (c), C.R.S.18

SECTION 7. In Colorado Revised Statutes, 18-1-1001, add (9)19

as follows:20

18-1-1001. Protection order against defendant. (9) (a) WHEN21

THE COURT SUBJECTS A PERSON TO A MANDATORY PROTECTION ORDER22

THAT PROHIBITS THE PERSON FROM POSSESSING OR CONTROLLING23

FIREARMS OR AMMUNITION, AND THE PROTECTION ORDER QUALIFIES AS24

AN ORDER DESCRIBED IN 18 U.S.C. SEC. 922 (g) (8), THE COURT, AS PART25

OF SUCH ORDER, SHALL REQUIRE THE RESPONDENT TO:26

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR27

SB13-197-20-

AMMUNITION FOR THE DURATION OF THE ORDER; AND1

(II) RELINQUISH, FOR THE DURATION OF THE ORDER, ANY FIREARM2

OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR3

CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR4

CONTROL.5

(b) UPON ISSUANCE OF AN ORDER PURSUANT TO PARAGRAPH (a) OF6

THIS SUBSECTION (9), THE RESPONDENT SHALL RELINQUISH ANY FIREARM7

OR AMMUNITION NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING8

SERVED WITH THE ORDER; EXCEPT THAT A COURT MAY ALLOW A9

RESPONDENT UP TO SEVENTY-TWO HOURS TO COMPLY WITH THIS10

PARAGRAPH (b) IF THE RESPONDENT DEMONSTRATES TO THE SATISFACTION11

OF THE COURT THAT HE OR SHE IS UNABLE TO COMPLY WITHIN12

TWENTY-FOUR HOURS. TO SATISFY THIS REQUIREMENT, THE RESPONDENT13

MAY:14

(I) SELL OR TRANSFER POSSESSION OF THE FIREARM OR15

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN16

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL17

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS18

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR19

AMMUNITION;20

(II) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION21

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL22

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO23

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR24

(III) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION25

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR26

AMMUNITION; EXCEPT THAT A PERSON WHO SELLS OR TRANSFERS A27

SB13-197-21-

FIREARM PURSUANT TO THIS SUBPARAGRAPH (III) SHALL SATISFY ALL OF1

THE PROVISIONS OF SECTION 18-12-112, CONCERNING PRIVATE FIREARMS2

TRANSFERS, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF A3

CRIMINAL BACKGROUND CHECK OF THE TRANSFEREE.4

(c) IF A RESPONDENT IS UNABLE TO SATISFY THE PROVISIONS OF5

PARAGRAPH (b) OF THIS SUBSECTION (9) BECAUSE HE OR SHE IS6

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW7

ENFORCEMENT AGENCY, THE COURT SHALL REQUIRE THE PERSON TO8

RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S9

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S10

IMMEDIATE POSSESSION OR CONTROL BEFORE THE RESPONDENT IS11

RELEASED FROM SUCH INCARCERATION OR CUSTODY.12

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES13

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS SECTION14

SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME OF15

RELINQUISHMENT.16

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE17

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION18

(9). IF AN AGENCY SO ELECTS:19

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE20

AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS21

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;22

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF23

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND24

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT25

AT THE TIME THE RESPONDENT RELINQUISHES POSSESSION OF A FIREARM26

OR AMMUNITION.27

SB13-197-22-

(f) IF A RESPONDENT SELLS OR OTHERWISE TRANSFERS A FIREARM1

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE2

FIREARM OR AMMUNITION, AS DESCRIBED IN SUBPARAGRAPH (III) OF3

PARAGRAPH (b) OF THIS SUBSECTION (9), THE RESPONDENT SHALL4

ACQUIRE:5

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING6

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE7

RESPONDENT AND THE TRANSFEREE; AND8

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE9

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE10

TRANSFEREE, AS DESCRIBED IN SECTION 18-12-112, A WRITTEN11

STATEMENT OF THE RESULTS OF THE BACKGROUND CHECK.12

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE13

RELINQUISHMENT, THE RESPONDENT SHALL FILE A COPY OF THE RECEIPT14

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (9)15

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A16

BACKGROUND CHECK PERFORMED ON THE RESPONDENT, AS DESCRIBED IN17

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (9), WITH THE18

COURT AS PROOF OF THE RELINQUISHMENT. IF A RESPONDENT FAILS TO19

TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS20

PARAGRAPH (g):21

(I) THE FAILURE CONSTITUTES A VIOLATION OF THE PROTECTION22

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c); AND23

(II) THE COURT SHALL ISSUE A WARRANT FOR THE RESPONDENT'S24

ARREST.25

(h) NOTHING IN THIS SUBSECTION (9) SHALL BE CONSTRUED TO26

LIMIT A RESPONDENT'S RIGHT TO PETITION THE COURT FOR DISMISSAL OF27

SB13-197-23-

A PROTECTION ORDER.1

(i) A PERSON SUBJECT TO A MANDATORY PROTECTION ORDER2

ISSUED PURSUANT TO PARAGRAPH (c) OF SUBSECTION (3) OF THIS SECTION3

WHO POSSESSES OR ATTEMPTS TO PURCHASE OR RECEIVE A FIREARM OR4

AMMUNITION WHILE THE PROTECTION ORDER IS IN EFFECT VIOLATES THE5

ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c).6

SECTION 8. In Colorado Revised Statutes, 18-6-801, add (8) as7

follows:8

18-6-801. Domestic violence - sentencing. (8) (a) IN ADDITION9

TO ANY SENTENCE THAT IS IMPOSED UPON A PERSON FOR VIOLATION OF10

ANY CRIMINAL LAW UNDER THIS TITLE, IF A PERSON IS CONVICTED OF ANY11

CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH IS FOUND BY THE12

COURT TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS DEFINED13

IN 18 U.S.C. SEC. 921 (a) (33), OR TO INCLUDE AN ACT OF DOMESTIC14

VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), OR ANY CRIME AGAINST15

PROPERTY, WHETHER OR NOT SUCH CRIME IS A FELONY, WHEN SUCH CRIME16

IS USED AS A METHOD OF COERCION, CONTROL, PUNISHMENT,17

INTIMIDATION, OR REVENGE DIRECTED AGAINST A PERSON WITH WHOM18

THE ACTOR IS OR HAS BEEN INVOLVED IN AN INTIMATE RELATIONSHIP, THE19

COURT SHALL ORDER THE PERSON TO:20

(I) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR21

AMMUNITION FOR THE DURATION OF THE ORDER; AND22

(II) RELINQUISH ANY FIREARM OR AMMUNITION IN THE PERSON'S23

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S24

IMMEDIATE POSSESSION OR CONTROL.25

(b) UPON ISSUANCE OF AN ORDER TO RELINQUISH ONE OR MORE26

FIREARMS OR AMMUNITION PURSUANT TO PARAGRAPH (a) OF THIS27

SB13-197-24-

SUBSECTION (8), THE DEFENDANT SHALL RELINQUISH ANY FIREARM OR1

AMMUNITION NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING SERVED2

WITH THE ORDER; EXCEPT THAT A COURT MAY ALLOW A RESPONDENT UP3

TO SEVENTY-TWO HOURS TO COMPLY WITH THIS PARAGRAPH (b) IF THE4

RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT5

HE OR SHE IS UNABLE TO COMPLY WITHIN TWENTY-FOUR HOURS. TO6

SATISFY THIS REQUIREMENT, THE RESPONDENT MAY:7

(I) SELL OR TRANSFER POSSESSION OF THE FIREARM OR8

AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN9

18 U.S.C. SEC. 923, AS AMENDED; EXCEPT THAT THIS PROVISION SHALL10

NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS11

DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR12

AMMUNITION;13

(II) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION14

BY A LAW ENFORCEMENT AGENCY; EXCEPT THAT THIS PROVISION SHALL15

NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO16

PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON; OR17

(III) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION18

TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR19

AMMUNITION; EXCEPT THAT A PERSON WHO SELLS OR TRANSFERS A20

FIREARM PURSUANT TO THIS SUBPARAGRAPH (III) SHALL SATISFY ALL OF21

THE PROVISIONS OF SECTION 18-12-112, CONCERNING PRIVATE FIREARMS22

TRANSFERS, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF A23

CRIMINAL BACKGROUND CHECK OF THE TRANSFEREE.24

(c) IF A DEFENDANT IS UNABLE TO SATISFY THE PROVISIONS OF25

PARAGRAPH (b) OF THIS SUBSECTION (8) BECAUSE HE OR SHE IS26

INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW27

SB13-197-25-

ENFORCEMENT AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO1

RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S2

IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S3

IMMEDIATE POSSESSION OR CONTROL BEFORE THE DEFENDANT IS4

RELEASED FROM SUCH INCARCERATION OR CUSTODY.5

(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES6

POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS7

SUBSECTION (8) SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME8

OF RELINQUISHMENT.9

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE10

FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION11

(8). IF AN AGENCY SO ELECTS:12

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE, THE13

AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS14

INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;15

(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF16

ABANDONED OR STOLEN FIREARMS OR AMMUNITION; AND17

(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT18

AT THE TIME THE DEFENDANT RELINQUISHES POSSESSION OF A FIREARM OR19

AMMUNITION.20

(f) IF A DEFENDANT SELLS OR OTHERWISE TRANSFERS A FIREARM21

OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE22

FIREARM OR AMMUNITION, AS DESCRIBED IN SUBPARAGRAPH (III) OF23

PARAGRAPH (b) OF THIS SUBSECTION (8), THE DEFENDANT SHALL 24

ACQUIRE:25

(I) FROM THE TRANSFEREE, A WRITTEN RECEIPT ACKNOWLEDGING26

THE TRANSFER, WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE27

SB13-197-26-

DEFENDANT AND THE TRANSFEREE; AND1

(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE2

COLORADO BUREAU OF INVESTIGATION A BACKGROUND CHECK OF THE3

TRANSFEREE, AS DESCRIBED IN SECTION 18-12-112, A WRITTEN4

STATEMENT OF THE RESULTS OF THE BACKGROUND CHECK.5

(g) NOT MORE THAN THREE BUSINESS DAYS AFTER THE6

RELINQUISHMENT, THE DEFENDANT SHALL FILE A COPY OF THE RECEIPT7

ISSUED PURSUANT TO PARAGRAPH (d), (e), OR (f) OF THIS SUBSECTION (8),8

AND, IF APPLICABLE, THE WRITTEN STATEMENT OF THE RESULTS OF A9

BACKGROUND CHECK PERFORMED ON THE TRANSFEREE, AS DESCRIBED IN10

SUBPARAGRAPH (II) OF PARAGRAPH (f) OF THIS SUBSECTION (8), WITH THE11

COURT AS PROOF OF THE RELINQUISHMENT. IF A DEFENDANT FAILS TO12

TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS13

PARAGRAPH (g):14

(I) THE FAILURE CONSTITUTES A CLASS 2 MISDEMEANOR, AND THE15

DEFENDANT SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401;16

AND17

(II) THE COURT SHALL ISSUE A WARRANT FOR THE DEFENDANT'S18

ARREST.19

SECTION 9. Effective date. (1) Except as otherwise provided20

in this section, this act takes effect upon passage.21

(2) (a) Sections 2, 3, and 4 of this act take effect only if House22

Bill 13-1229 does not become law.23

(b) Sections 6, 7, and 8 of this act take effect only if House Bill24

13-1229 becomes law.25

SECTION 10. Safety clause. The general assembly hereby finds,26

SB13-197-27-

determines, and declares that this act is necessary for the immediate1

preservation of the public peace, health, and safety.2

SB13-197-28-