Be it enacted by the People of the State of Colorado:

Title 12 of the Colorado Revised Statutes is amended by the addition of a new article to read:

12-26.1-101. Background checks at gun shows - penalty. (1) Before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he or she shall:
(a) require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and (2) A gunshow promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this article.
(3) If any part of a firearm transaction takes place at a gun show, no firearm shall be transferred unless a background check has been obtained by a licensed gun dealer.
(d) Any person violating the provisions of this section commits a Class 1 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S. ["(d)" changed to "(4)" by Title Board]

12-26.1-102. Records - penalty. (1) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 12-26-102, C.R.S., and retain the records, as provided in section 12-26-103, C.R.S., in the same manner as when conducting a sale, rental, or exchange at retail.
(2) Any individual who gives false information in connection with the making of such records commits a Class 1 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.

12-26.1-103. Fees imposed by licensed gun dealers. For each background check conducted at a gun show, a licensed gun dealer may charge a fee not to exceed ten dollars.

12-26.1-104. Posted notice - penalty. (1) A gun show promoter shall post prominently a notice, in a form to be prescribed by the executive director of the department of public safety or his or her designee, setting forth the requirement for a background check as provided in this article.
(2) Any person violating the provisions of this Section commits a Class 1 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.

12-26.1-105. Exemption. The provisions of this article shall not apply to the transfer of an antique firearm, as defined in 18 U.S.C. sec. 92l(a)(16), as amended, or a curio or relic, as defined in 27 C.F.R. sec. 173.11, as amended.

12-26.1-106. Definitions. As used in this article, unless the context otherwise requires:
(1) "Collection" means a trade, barter, or in-kind exchange for one or more firearms.
(2) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
(3) "Gun show" means the entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:
(a) twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange;
or
(b) not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.
(4) "Gun show promoter" means a person who organizes or operates a gun show.
(5) "Gun show vendor" means any person who exhibits, sells, offers for sale, transfers, or exchanges, any firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
(6) "Licensed gun dealer" means any person who is a licensed importer, licensed manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923, as amended, as a federally licensed firearms dealer.

12-26.1-107. Appropriation. The General Assembly shall appropriate funds necessary to implement this article.

12-26.1-108. Effective date. This article shall take effect March 31, 2001.

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