First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0770.03 Conrad Imel x2313 HOUSE BILL 25-1238 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING REQUIREMENTS FOR GUN SHOWS .101 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://leg.colorado.gov .) The bill requires a gun show promoter to prepare a security plan and submit the security plan to each local law enforcement agency with jurisdiction over the gun show. The bill places certain requirements on a gun show promoter, including requiring the promoter to: ! Have liability insurance for the gun show; ! Implement security measures at the gun show; ! Prohibit persons under 21 years of age from entering the gun show unless the person is accompanied by a parent, HOUSE SPONSORSHIP Joseph and Camacho, SENATE SPONSORSHIP Kipp, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. grandparent, or guardian; ! For each customer who leaves with a purchased firearm, verify that each firearm sold at a gun show is delivered in compliance with the required the 3-day waiting period; and ! Post certain notices at the gun show. Violating any of these provisions is unlawful gun show management, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to a criminal penalty, the promoter is prohibited from acting as a gun show promoter for 5 years. The bill prohibits a person from participating in a gun show as a gun show vendor if the person is not a federal firearms licencee, does not hold a valid state firearms dealer permit, has been convicted of a second offense of unlawful gun show vendor activity as described in the bill, or has not completed a gun show certification for the gun show promoter as required in the bill. Unlawful participation in a gun show as a gun show vendor is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor. Before participating in a gun show, a gun show vendor is required to certify to the gun show promoter that the vendor satisfies the requirements to be a gun show vendor and will comply with federal, state, and local laws while participating in the gun show. While participating in a gun show, a gun show vendor shall display copies of the vendor's federal firearms license and state firearms dealer permit, keep firearms unloaded and securely affixed to the vendor's countertop or wall, secure ammunition in an enclosed display case or behind the vendor's counter or other customer access prevention device, and include with each sold firearm written information describing secure storage and lost or stolen firearm reporting requirements in state law. Unlawful gun show vendor activity is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and the person is prohibited from participating as a vendor at a gun show. The bill maintains the requirement in existing law that a gun show vendor conduct a background check for each firearm transfer at a gun show. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Gun violence remains a significant threat to public safety in4 Colorado, causing harm to individuals, families, and communities across5 HB25-1238-2- the state. Effectively addressing gun violence requires a comprehensive1 strategy that includes both preventing illegal firearm transfers and2 ensuring responsible ownership practices.3 (b) Gun shows serve as important venues for the lawful sale and4 transfer of firearms. However, these events present unique challenges for5 regulating the movement of firearms and preventing illegal trafficking.6 While gun shows are lawful and cater primarily to responsible gun7 owners, they can also provide opportunities for firearms to be transferred8 without proper oversight, potentially leading to unlawful possession and9 misuse.10 (c) It is essential for Colorado to implement strong regulatory11 measures at gun shows to mitigate the risks associated with unregulated12 or improper firearm transfers. This includes the requirement for gun show13 promoters and vendors to follow security protocols, conduct background14 checks, and ensure firearms are stored and handled safely.15 (d) This legislation requires gun show promoters to develop and16 implement security plans, secure liability coverage, and verify that17 firearms are sold or transferred in compliance with state and federal laws.18 In addition, vendors are required to comply with mandatory background19 checks and adhere to federal, state, and local firearm laws and proper20 firearm storage practices.21 (e) By fostering responsible practices at gun shows, Colorado can22 reduce the potential for illegal firearm trafficking and decrease the23 likelihood that firearms will be misused in criminal acts or violence; and24 (f) Reducing gun violence and ensuring the safe and lawful25 transfer of firearms is a shared responsibility between the state, local26 governments, and communities. This act represents a step toward27 HB25-1238 -3- ensuring the safety of all Coloradans, while balancing the rights of1 responsible gun owners.2 (2) Therefore, the general assembly declares that regulating gun3 shows to ensure the safety, security, and lawful transfer of firearms is of4 both local and statewide concern, aimed at reducing gun violence and5 promoting responsible firearm ownership practices throughout Colorado.6 SECTION 2. In Colorado Revised Statutes, repeal and reenact,7 with amendments, part 5 of article 12 of title 18 as follows:8 PART 59 GUN SHOWS10 18-12-501. Definitions. [Similar to former 18-12-50611 introductory portion] A S USED IN THIS PART 5, UNLESS THE CONTEXT12 OTHERWISE REQUIRES:13 (1) [Similar to former 18-12-506 (1)] "C OLLECTION" MEANS A14 TRADE, BARTER, OR IN-KIND EXCHANGE FOR ONE OR MORE FIREARMS .15 (2) [Similar to former 18-12-506 (3)] "G UN SHOW" MEANS THE16 ENTIRE PREMISES PROVIDED FOR AN EVENT OR FUNCTION , INCLUDING, BUT17 NOT LIMITED TO, PARKING AREAS FOR THE EVENT OR FUNCTION , EXCEPT18 FOR ADJACENT STREET PARKING , THAT IS SPONSORED TO FACILITATE, IN19 WHOLE OR IN PART , THE PURCHASE, SALE, OFFER FOR SALE, OR20 COLLECTION OF FIREARMS AT WHICH :21 (a) T WENTY-FIVE OR MORE FIREARMS ARE OFFERED OR EXHIBITED22 FOR SALE, TRANSFER, OR EXCHANGE; OR23 (b) N OT LESS THAN THREE GUN SHOW VENDORS EXHIBIT , SELL,24 OFFER FOR SALE, TRANSFER, OR EXCHANGE FIREARMS.25 (3) "G UN SHOW PARKING AREA" MEANS THE PARKING AREA THAT26 IS ON THE SAME PROPERTY AS THE GUN SHOW VENUE OR THAT IS27 HB25-1238 -4- ADJACENT TO THE VENUE AND UNDER CONTROL OF THE COMPANY THAT1 OWNS OR OPERATES THE VENUE . "GUN SHOW PARKING AREA" DOES NOT2 INCLUDE ADJACENT STREET PARKING .3 (4) [Similar to former 18-12-506 (4)] "G UN SHOW PROMOTER"4 MEANS A PERSON WHO ORGANIZES OR OPERATES A GUN SHOW .5 (5) [Similar to former 18-12-506 (5)] "G UN SHOW VENDOR"6 MEANS ANY PERSON WHO EXHIBITS , SELLS, OFFERS FOR SALE, TRANSFERS,7 OR EXCHANGES ANY FIREARM AT A GUN SHOW , REGARDLESS OF WHETHER8 THE PERSON ARRANGES WITH A GUN SHOW PROMOTER FOR A FIXED9 LOCATION FROM WHICH TO EXHIBIT, SELL, OFFER FOR SALE, TRANSFER, OR10 EXCHANGE ANY FIREARM .11 (6) "L OCAL LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER12 THE GUN SHOW" MEANS A TOWN MARSHAL'S OFFICE, POLICE DEPARTMENT,13 OR SHERIFF'S OFFICE WHOSE JURISDICTION INCLUDES THE AREA IN WHICH14 A GUN SHOW OCCURS.15 (7) "S TATE FIREARMS DEALER PERMIT" MEANS A STATE FIREARMS16 DEALER PERMIT DESCRIBED IN SECTION 18-12-401.5.17 18-12-502. Gun show promoters - requirements - penalties.18 (1) (a) F OR EACH GUN SHOW ORGANIZED AND OPERATED BY A GUN SHOW19 PROMOTER, THE PROMOTER SHALL PREPARE A SECURITY PLAN . THE20 SECURITY PLAN MUST INCLUDE:21 (I) A LIST OF GUN SHOW VENDORS WHO WILL PARTICIPATE IN THE22 GUN SHOW;23 (II) T HE ESTIMATED NUMBER OF ATTENDEES ;24 (III) T HE NUMBER OF SECURITY PERSONNEL RETAINED BY THE GUN25 SHOW PROMOTER TO PROVIDE SECURITY AT THE GUN SHOW , INCLUDING26 THE NUMBER OF SECURITY PERSONNEL WHO ARE CERTIFIED BY THE PEACE27 HB25-1238 -5- OFFICER STANDARDS AND TRAINING BOARD CREATED IN SECTION1 24-31-302; AND2 (IV) A FLOOR PLAN OR LAYOUT OF THE EVENT THAT INCLUDES3 INFORMATION ABOUT THE LOCATION OF THE ENTRANCES AND EXITS AND4 THE LOCATION OF VIDEO CAMERAS THAT PROVIDE VIDEO SURVEILLANCE5 OF THE GUN SHOW.6 (b) P URSUANT TO SUBSECTION (2)(a)(II) OF THIS SECTION, A GUN7 SHOW PROMOTER SHALL SUBMIT THE SECURITY PLAN TO EACH LOCAL LAW8 ENFORCEMENT AGENCY WITH JURISDICTION OVER THE GUN SHOW .9 (2) (a) F OR EACH GUN SHOW OR GANIZED AND OPERATED BY A10 PROMOTER, THE PROMOTER SHALL:11 (I) H AVE IN FULL FORCE AND EFFECT A LIABILITY INSURANCE12 POLICY THAT COVERS LOSSES OR DAMAGES OF AT LEAST ONE MILLION13 DOLLARS TO ALL PERSONS, ARISING FROM AN INCIDENT THAT RESULTS IN14 INJURY TO A PERSON OTHER THAN THE INSURED , WHILE THE PERSON IS IN15 ATTENDANCE AT THE GUN SHOW . THE LIABILITY INSURANCE POLICY MUST16 BE FROM AN INSURER AUTHORIZED TO DO BUSINESS IN COLORADO OR A17 NONADMITTED INSURER, AS DEFINED IN SECTION 10-5-101.2.18 (II) N O LATER THAN FOURTEEN DAYS BEFORE THE GUN SHOW ,19 SUBMIT THE SECURITY PLAN REQUIRED BY SUBSECTION (1) OF THIS20 SECTION TO EACH LOCAL LAW ENFORCEMENT AGENCY WITH JURISDICTION21 OVER THE GUN SHOW;22 (III) P ROHIBIT A PERSON WHO HAS BEEN CONVICTED OF VIOLATING23 ANY PROVISION OF THIS ARTICLE 12 OR ANY STATE OR LOCAL LAW24 CONCERNING THE SALE OF FIREARMS FROM PARTICIPATING AS A VENDOR25 IN THE GUN SHOW; EXCEPT THAT A PROMOTER IS NOT REQUIRED TO26 PROHIBIT A VENDOR FROM PARTICIPATING AS A VENDOR IN THE GUN SHOW27 HB25-1238 -6- AFTER A CONVICTION FOR A FIRST OFFENSE OF UNLAWFUL GUN SHOW1 VENDOR ACTIVITY PURSUANT TO SECTION 18-12-505 (2);2 (IV) O BTAIN, AT LEAST THREE DAYS BEFORE THE GUN SHOW , AND3 RETAIN FOR SIX MONTHS AFTER THE GUN SHOW A CERTIFICATION FROM4 EACH GUN SHOW VENDOR THAT COMPLIES WITH THE REQUIREMENTS OF5 SECTION 18-12-504;6 (V) E NSURE THAT ALL ENTRANCES AND EXITS , INCLUDING FIRE7 EXITS, ARE EITHER GUARDED BY SECURITY PERSONNEL OR EQUIPPED WITH8 AN ALARM SYSTEM;9 (VI) P ROVIDE VIDEO SURVEILLANCE OF THE GUN SHOW PARKING10 AREA AND OF THE MAIN ENTRANCE AND MAIN EXIT DURING THE ENTIRE11 TIME A GUN SHOW PROMOTER HAS ACCESS TO THE VENUE , INCLUDING12 DURING VENDOR SETUP AND TAKEDOWN , AND MAINTAIN RECORDINGS OF13 THE SURVEILLANCE FOR SIX MONTHS AFTER THE GUN SHOW . IF THE VENUE14 CONDUCTS VIDEO SURVEILLANCE OF THE GUN SHOW PARKING AREA , THE15 GUN SHOW PROMOTER IS NOT REQUIRED TO PROVIDE ADDITIONAL VIDEO16 SURVEILLANCE, BUT THE PROMOTER MUST RETAIN THE VIDEO17 SURVEILLANCE RECORDINGS FOR SIX MONTHS AFTER THE GUN SHOW AS18 REQUIRED IN THIS SUBSECTION (2)(a)(VI).19 (VII) E NSURE THAT EACH FIREARM BROUGHT INTO THE GUN SHOW20 BY A PERSON OTHER THAN A GUN SHOW VENDOR , SECURITY PERSONNEL,21 OR THE GUN SHOW PROMOTER IS CHECKED AND TAGGED . THE TAG MUST22 STATE THAT ALL FIREARM TRANSFERS BETWEEN PRIVATE PARTIES AT THE23 SHOW MUST BE CONDUCTED THROUGH A LICENSED DEALER . IN ORDER TO24 BRING A FIREARM INTO A GUN SHOW, A PERSON MUST SIGN THE TAG AND25 THE TAG MUST REMAIN ON THE FIREARM FOR THE ENTIRE TIME THE26 FIREARM IS AT THE GUN SHOW.27 HB25-1238 -7- (VIII) PROHIBIT A PERSON UNDER THE AGE OF TWENTY -ONE FROM1 ENTERING THE GUN SHOW UNLESS THE PERSON IS ACCOMPANIED BY A2 PARENT, GRANDPARENT, OR GUARDIAN;3 (IX) F OR EACH CUSTOMER WHO LEAVES THE GUN SHOW WITH A4 PURCHASED FIREARM, CHECK THAT THE FIREARM WAS DELIVERED IN5 COMPLIANCE WITH THE WAITING PERIOD REQUIRED IN SECTION 18-12-1156 BY REQUIRING A PERSON LEAVING THE GUN SHOW WITH A PURCHASED7 FIREARM TO DEMONSTRATE THAT THE WAITING PERIOD WAS COMPLIED8 WITH OR THAT AN EXCEPTION APPLIES; AND9 (X) P OST THE FOLLOWING NOTICES AT EACH ENTRANCE AND10 CONSPICUOUSLY AT LOCATIONS THROUGHOUT THE GUN SHOW :11 (A) A NOTICE THAT STATES: "NO ONE MAY TRANSFER A FIREARM12 WITHOUT FIRST OBTAINING A BACKGROUND CHECK THROUGH A LICENSED13 GUN DEALER IF ANY PART OF THE TRANSACTION OCCURS ON THESE14 PREMISES, INCLUDING THE PARKING FACILITIES . SECTION 18-12-506,15 C OLORADO REVISED STATUTES"; AND16 (B) A NOTICE THAT A FIREARM LEFT IN AN UNATTENDED VEHICLE17 IS REQUIRED TO BE SECURED IN THE VEHICLE IN ACCORDANCE WITH18 SECTION 18-12-114.5.19 (b) A GUN SHOW PROMOTER WHO VIOLATES A REQUIREMENT20 DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION COMMITS UNLAWFUL21 GUN SHOW MANAGEMENT . UNLAWFUL GUN SHOW MANAGEMENT IS A22 CLASS 2 MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE23 IS A CLASS 1 MISDEMEANOR AND, IN ADDITION TO A PENALTY IMPOSED IN24 ACCORDANCE WITH SECTION 18-1.3-501, THE PROMOTER IS ALSO25 PROHIBITED FROM ACTING AS A GUN SHOW PROMOTER FOR FIVE YEARS ,26 BEGINNING ON THE DATE OF THE CONVICTION FOR THE SEC OND OR27 HB25-1238 -8- SUBSEQUENT OFFENSE.1 18-12-503. Gun show vendors - federal firearms license and2 state firearms dealer permit required - penalty. (1) (a) A GUN SHOW3 VENDOR MUST BE A FEDERAL FIREARMS LICENSEE AND HOLD A VALID4 STATE FIREARMS DEALER PERMIT . A PERSON WHO IS NOT A FEDERAL5 FIREARMS LICENSEE AND DOES NOT HOLD A VALID STATE FIREARMS6 DEALER PERMIT SHALL NOT PARTICIPATE IN A GUN SHOW AS A GUN SHOW7 VENDOR.8 (b) A PERSON WHO HAS BEEN CONVICTED OF A SECOND OFFENSE9 OF UNLAWFUL GUN SHOW VENDOR ACTIVITY DESCRIBED IN SECTION10 18-12-505 SHALL NOT PARTICIPATE IN A GUN SHOW AS A GUN SHOW11 VENDOR.12 (c) A PERSON WHO HAS NOT COMPLETED THE CERTIFICATION TO13 THE GUN SHOW PROMOTER DESCRIBED IN SECTION 18-12-504, INCLUDING14 ATTACHING A COPY OF THE VENDOR 'S FEDERAL FIREARMS LICENSE AND15 STATE FIREARMS DEALER PERMIT TO THE CERTIFICATION , SHALL NOT16 PARTICIPATE IN A GUN SHOW AS A GUN SHOW VENDOR .17 (2) A PERSON WHO VIOLATES THIS SECTION COMMITS UNLAWFUL18 PARTICIPATION IN A GUN SHOW AS A GUN SHOW VENDOR . UNLAWFUL19 PARTICIPATION IN A GUN SHOW AS A GUN SHOW VENDOR IS A CLASS 220 MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE IS A21 CLASS 1 MISDEMEANOR.22 18-12-504. Gun show vendor certification. (1) A GUN SHOW23 VENDOR SHALL CERTIFY THE FOLLOWING TO A GUN SHOW PROMOTER , IN24 A FORM DETERMINED BY THE GUN SHOW PROMOTER :25 G UN SHOW VENDOR 26 C ERTIFICATION OF COMPLIANCE27 HB25-1238 -9- AS A VENDOR OF FIREARMS OR FIREARM1 COMPONENTS AT THE GUN SHOW OPERATED BY2 [ PROMOTER'S NAME] TO BE HELD [DATE OR DATES OF GUN3 SHOW] IN [CITY OR TOWN, IF APPLICABLE], _______4 COUNTY, COLORADO, I CERTIFY TO THE PROMOTER OF THE5 GUN SHOW THAT:6 I AM A FEDERAL FIREARMS LICENSEE AND I AM7 PERMITTED BY THE STATE OF COLORADO TO SELL FIREARMS8 AT RETAIL.9 I WILL DISPLAY A COPY OF THE FEDERAL LICENSE10 AND STATE PERMIT AT MY BOOTH AT THE GUN SHOW .11 I HAVE NEVER BEEN CONVICTED OF ILLEGAL12 ACTIVITY INVOLVING FIREARMS.13 I WILL ENSURE THAT ALL FIREARMS AND FRAMES OR14 RECEIVERS OF FIREARMS SOLD BY ME AT THE GUN SHOW15 WILL BE PRECEDED BY A BACKGROUND CHECK OF THE16 PURCHASER AND COMPLY WITH THE THREE -DAY WAITING17 PERIOD REQUIRED IN STATE LAW.18 I WILL NOT SELL OR TRANSFER ANY WEAPONS OR19 AMMUNITION THAT I AM PROHIBITED FROM SELLING20 PURSUANT TO FEDERAL OR STATE LAW , INCLUDING, BUT21 NOT LIMITED TO:22 A MMUNITION MAGAZINES THAT ALLOW FOR MORE23 THAN 15 ROUNDS OF AMMUNITION;24 F IREARMS THAT HAVE FIXED MAGAZINES THAT25 ALLOW FOR MORE THAN 15 ROUNDS OF AMMUNITION;26 A MMUNITION THAT IS NOT IN AN ENCLOSED DISPLAY27 HB25-1238 -10- CASE OR BEHIND A COUNTER OR OTHER CUSTOMER ACCESS1 PREVENTION DEVICE;2 F IREARMS OR FRAMES OR RECEIVERS OF A FIREARM ,3 INCLUDING UNFINISHED FRAMES OR RECEIVERS , THAT ARE4 UNSERIALIZED; AND5 D ANGEROUS WEAPONS , AS DEFINED IN SECTION6 18-12-102, C.R.S., AND ILLEGAL WEAPONS, AS DEFINED IN7 SECTION 18-12-102, C.R.S., UNLESS THE TRANSFEREE8 PRESENTS A VALID PERMIT FOR POSSESSION OF THE WEAPON .9 F URTHERMORE, I AM AWARE OF ADDITIONAL10 PROHIBITED ITEMS IN THE CITY OR TOWN AND COUNTY IN11 WHICH THE GUN SHOW WILL BE HELD , AND I WILL NOT12 ENGAGE IN THE SALE OF THOSE ITEMS.13 I UNDERSTAND THAT IF I SELL PROHIBITED ITEMS OR14 CONDUCT SALES IN DANGEROUS OR ILLEGAL WEAPONS15 WITHOUT THE TRANSFEREE PRESENTING A VALID PERMIT , I16 MAY BE SUBJECT TO CRIMINAL PENALTIES UNDER FEDERAL ,17 STATE, OR LOCAL LAWS AND MAY BE PROHIBITED FROM18 PARTICIPATING IN FUTURE GUN SHOWS IN THE STATE OF19 C OLORADO.20 V ENDOR PRINTED NAME:________________21 V ENDOR SIGNATURE:________________22 D ATE:_______________23 (2) A GUN SHOW VENDOR SHALL ATTACH A COPY OF THE VENDOR 'S24 FEDERAL FIREARMS LICENSE AND STATE FIREARMS DEALER PERMIT TO THE25 CERTIFICATION.26 18-12-505. Gun show vendors - requirements - penalties.27 HB25-1238 -11- (1) WHILE PARTICIPATING IN A GUN SHOW, A GUN SHOW VENDOR SHALL:1 (a) P ROMINENTLY DISPLAY A COPY OF THE VENDOR 'S FEDERAL2 FIREARMS LICENSE AND A COPY OF THE VENDOR 'S STATE FIREARMS3 DEALER PERMIT AT THE VENDOR 'S PRIMARY PLACE OF BUSINESS AT THE4 GUN SHOW;5 (b) K EEP ALL FIREARMS IN THE VENDOR'S POSSESSION UNLOADED6 AND SECURELY AFFIXED TO THE VENDOR 'S COUNTERTOP OR WALL BY USE7 OF A PLASTIC TIE OR ELECTRONICALLY MONITORED WIRE ;8 (c) S ECURE AMMUNITION IN AN ENCLOSED DISPLAY CASE OR9 BEHIND THE VENDOR 'S COUNTER OR OTHER CUSTOMER ACCESS10 PREVENTION DEVICE; AND11 (d) I NCLUDE WITH EACH SOLD FIREARM THE FOLLOWING12 INFORMATION, IN WRITING:13 F IREARMS STORAGE AND REPORTING REQUIREMENTS :14 F IREARMS MUST BE RESPONSIBLY AND SECURELY STORED15 WHEN THEY ARE NOT IN USE TO PREVENT ACCESS BY16 UNSUPERVISED JUVENILES AND OTHER UNAUTHORIZED17 USERS. SECTION 18-12-114, C.R.S.18 F IREARMS LEFT IN AN UNATTENDED VEHICLE MUST BE19 STORED IN ACCORDANCE WITH STATE LAW . SECTION20 18-12-114.5, C.R.S.21 I F A FIREARM IS LOST OR STOLEN , THE OWNER OF THE22 FIREARM MUST REPORT THE LOSS OR THEFT TO A LAW23 ENFORCEMENT AGENCY NOT MORE THAN FIVE DAYS AFTER24 DISCOVERING THAT THE FIREARM HAS BEEN LOST OR25 STOLEN. SECTION 18-12-113. C.R.S.26 (2) A GUN SHOW VENDOR WHO VIOLATES THIS SECTION COMMITS27 HB25-1238 -12- UNLAWFUL GUN SHOW VE NDOR ACTIVITY . UNLAWFUL GUN SHOW VENDOR1 ACTIVITY IS A CLASS 2 MISDEMEANOR; EXCEPT THAT A SECOND OR2 SUBSEQUENT OFFENSE IS A CLASS 1 MISDEMEANOR AND, PURSUANT TO3 SECTION 18-12-503 (1)(b), THE PERSON WHO HAS COMMITTED A SECOND4 OR SUBSEQUENT OFFENSE OF UNLAWFUL GUN SHOW VENDOR ACTIVITY IS5 PROHIBITED FROM PARTICIPATING AS A VENDOR AT A GUN SHOW .6 18-12-506. Background checks at gun shows - records - fees -7 notice posted by promoter - penalties - definition. (1) (a) [Similar to8 former 18-12-501 (1)] B EFORE A GUN SHOW VENDOR TRANSFERS OR9 ATTEMPTS TO TRANSFER A FIREARM AT A GUN SHOW , THE VENDOR SHALL:10 (I) R EQUIRE THAT A BACKGROUND CHECK , IN ACCORDANCE WITH11 SECTION 24-33.5-424, BE CONDUCTED OF THE PROSPECTIVE TRANSFEREE ;12 AND13 (II) O BTAIN APPROVAL OF A TRANSFER FROM THE COLORADO14 BUREAU OF INVESTIGATION AFTER A BACKGROUND CHECK HAS BEEN15 REQUESTED BY A LICENSED GUN DEALER , IN ACCORDANCE WITH SECTION16 24-33.5-424.17 (b) [Similar to former 18-12-501 (2)] A GUN SHOW PROMOTER18 SHALL ARRANGE FOR THE SERVICES OF ONE OR MORE LICENSED GUN19 DEALERS ON THE PREMISES OF THE GUN SHOW TO OBTAIN THE20 BACKGROUND CHECKS REQUIRED BY THIS SECTION .21 (c) [Similar to former 18-12-501 (3)] I F ANY PART OF A FIREARM22 TRANSACTION TAKES PLACE AT A GUN SHOW , THE TRANSFEROR SHALL NOT23 TRANSFER THE FIREARM UNLESS A BACKGROUND CHECK HAS BEEN24 OBTAINED BY A LICENSED GUN DEALER .25 (d) [Similar to former 18-12-501 (4)] A PERSON WHO VIOLATES26 THIS SUBSECTION (1) COMMITS A CLASS 1 MISDEMEANOR.27 HB25-1238 -13- (2) [Similar to former 18-12-502] (a) A LICENSED GUN DEALER1 WHO OBTAINS A BACKGROUND CHECK ON A PROSPECTIVE TRANSFEREE2 SHALL RECORD THE TRANSFER, AS REQUIRED IN SECTION 18-12-402, AND3 RETAIN THE RECORDS, AS REQUIRED IN SECTION 18-12-403, IN THE SAME4 MANNER AS WHEN CONDUCTING A SALE , RENTAL, OR EXCHANGE AT5 RETAIL.6 (b) A NY INDIVIDUAL WHO KNOWINGLY GIVES FALSE INFORMATION7 IN CONNECTION WITH THE MAKING OF THE RECORDS DESCRIBED IN THIS8 SUBSECTION (2) COMMITS A CLASS 1 MISDEMEANOR.9 (3) [Similar to former 18-12-503] F OR EACH BACKGROUND10 CHECK CONDUCTED AT A GUN SHOW , A LICENSED GUN DEALER MAY11 CHARGE A FEE NOT TO EXCEED TEN DOLLARS .12 (4) [Similar to former 18-12-504] (a) A GUN SHOW PROMOTER13 SHALL PROMINENTLY POST A NOTICE, IN A FORM TO BE PRESCRIBED BY THE14 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR THE15 EXECUTIVE DIRECTOR'S DESIGNEE, SETTING FORTH THE REQUIREMENT FOR16 A BACKGROUND CHECK REQUIRED IN THIS SECTION .17 (b) A GUN SHOW PROMOTER WHO VIOLATES THIS SUBSECTION (4)18 COMMITS A CLASS 2 MISDEMEANOR.19 (5) [Similar to former 18-12-505] T HIS SECTION DOES NOT APPLY20 TO THE TRANSFER OF AN ANTIQUE FIREARM , AS DEFINED IN 18 U.S.C. SEC.21 921(a)(16), OR A CURIO OR RELIC, AS DEFINED IN 27 CFR SEC. 178.11.22 (6) [Similar to former 18-12-506 (6)] A S USED IN THIS SECTION,23 UNLESS THE CONTEXT OTHERWISE REQUIRES , "LICENSED GUN DEALER"24 MEANS ANY PERSON WHO IS A LICENSED IMPORTER , LICENSED25 MANUFACTURER, OR DEALER LICENSED PURSUANT TO 18 U.S.C. SEC. 923,26 AS A FEDERALLY LICENSED FIREARMS DEALER .27 HB25-1238 -14- (7) [Similar to former 18-12-507] T HE GENERAL ASSEMBLY1 SHALL APPROPRIATE MONEY AS NECESSARY TO IMPLEMENT THIS SECTION .2 SECTION 3. In Colorado Revised Statutes, 18-12-406, amend3 as it will become effective July 1, 2025, (3)(a) as follows:4 18-12-406. Requirements for firearms dealers - training -5 securing firearms - sale outside of business hours prohibited - rules6 - penalty. (3) A dealer shall not sell or transfer a firearm:7 (a) Outside of the dealer's posted business hours; except that a8 dealer may sell or transfer a firearm at a gun show, as defined in section9 18-12-506 SECTION 18-12-501, outside of the dealer's posted business10 hours; or11 SECTION 4. In Colorado Revised Statutes, 39-37-103, amend12 (6) as follows:13 39-37-103. Definitions. As used in this article 37, unless the14 context otherwise requires:15 (6) "Firearm" or "gun" means a firearm as defined in section16 18-12-101 (1)(b.7) and any instrument or device described in section17 18-1-901 (3)(h) OR 18-12-401 (1)(a). or 18-12-506 (2). 18 SECTION 5. Applicability. This act applies to gun shows held19 on or after the effective date of this act.20 SECTION 6. Safety clause. The general assembly finds,21 determines, and declares that this act is necessary for the immediate22 preservation of the public peace, health, or safety or for appropriations for23 the support and maintenance of the departments of the state and state24 institutions.25 HB25-1238 -15-