Ballot Title Setting Board

Proposed Initiative "1999-2000 #255"¹

The title as designated and fixed by the Board is as follows:

An amendment to the Colorado Revised Statutes concerning a requirement that background checks be conducted on prospective firearms transferees if any part of the transaction occurs at a gun show, and in connection therewith, directing that a gun show vendor require a background check on a prospective transferee and obtain approval of the transfer from the Colorado Bureau of Investigation; defining a "gun show vendor" as any person who exhibits, offers for sale, or transfers a firearm at a gun show; requiring gun show promoters to arrange for the services of federally licensed gun dealers to obtain background checks at gun shows; prohibiting the transfer of a firearm if a background check has not been obtained by a federally licensed gun dealer; requiring record keeping and retention by federally licensed gun dealers who obtain background checks; permitting federally licensed gun dealers to charge a fee of up to ten dollars for conducting each background check at gun shows; requiring gun show promoters to prominently post notice of the background check requirement; establishing criminal penalties for violations of these requirements; exempting transfers of certain antique firearms, relics, and curios from the background check requirement; and requiring the appropriation of funds necessary to implement the measure.

The ballot title and submission clause as designated and fixed by the board is as follows:

Shall there be an amendment to the Colorado revised statutes concerning a requirement that background checks be conducted on prospective firearms transferees if any part of the transaction occurs at a gun show, and in connection therewith, directing that a gun show vendor require a background check on a prospective transferee and obtain approval of the transfer from the Colorado Bureau of Investigation; defining a "gun show vendor" as any person who exhibits, offers for sale, or transfers a firearm at a gun show; requiring gun show promoters to arrange for the services of federally licensed gun dealers to obtain background checks at gun shows; prohibiting the transfer of a firearm if a background check has not been obtained by a federally licensed gun dealer; requiring record keeping and retention by federally licensed gun dealers who obtain background checks; permitting federally licensed gun dealers to charge a fee of up to ten dollars for conducting each background check at gun shows; requiring gun show promoters to prominently post notice of the background check requirement; establishing criminal penalties for violations of these requirements; exempting transfers of certain antique firearms, relics, and curios from the background check requirement; and requiring the appropriation of funds necessary to implement the measure.?

The summary prepared by the Board is as follows:

This measure creates a new article to title 12, Colorado Revised Statutes, regarding requirements for criminal background checks of prospective firearms transferees at gun shows. The measure defines "gun show" to mean the entire premises at which (a) 25 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.

The measure provides that a gun show vendor, prior to the transfer or attempted transfer of a firearm at a gun show, shall require a background check on the prospective transferee and approval of the transfer from the Colorado Bureau of Investigation. The measure requires a gun show promoter to arrange for the services of one or more federally licensed gun dealers to obtain background checks at a gun show. The measure prohibits the transfer of a firearm, if any part of the transaction occurred at a gun show, where a background check had not been obtained by a federally licensed gun dealer. The measure makes it a class 1 misdemeanor for a person to violate these provisions.

The measure requires record keeping by a federally licensed gun dealer and retention of such records, and makes it a class 1 misdemeanor to give false information in connection with the making of such records. The measure permits a federally licensed gun dealer to charge a fee not to exceed $10 for conducting a background check at a gun show.

The measure requires a gun show promoter to prominently post notice of the requirement of conducting background checks at the gun show. The measure requires the executive director of the department of public safety or his or her designee to prescribe a form to be used in posting notice of the background check requirement. The measure makes it a class 1 misdemeanor for a person to violate these provisions.

The measure exempts the transfer of certain antique firearms and relics and curios from the background check requirements of the article. The measure defines "collection", "firearm", "gun show", "gun show promoter", "gun show vendor", and "licensed gun dealer".

The measure requires the General Assembly to appropriate funds necessary to implement the new article. The measure would take effect March 31, 2001.

The Department of Local Affairs has determined that there would be no fiscal impact on local governments in Colorado resulting from implementation of the measure.

The Office of State Planning and Budgeting has determined that implementation of the measure would require a General Fund appropriation of between $357,383 and $494,211 for the first fiscal year of full implementation, which would include:

• 10 to 15 additional temporary employees;
• 2 to 3 additional full-time employees for appeals from denied purchases;
• additional leased space; and
• additional computer and capital expenses for 12 to 18 employees.

There may be an additional cost for a web-based computer interface in the amount of approximately $578,060.

The Office of State Planning and Budgeting has determined that implementation of the measure would require a General Fund appropriation of between $297,416 and $411,227 for the subsequent fiscal year, which would include:

• 10 to 15 temporary employees;
• 2 to 3 full-time employees for appeals from denied purchases; and leased space.

There may be an additional cost of $31,500 for continuation of the web-based computer interface.

In addition to these costs, it is likely that there would be state and local costs for law enforcement and incarceration, but the amount of such costs is indeterminate.

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¹Background Checks - Gun Shows

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