Locking device required - penalty

Colo. Rev. Stat. § 18-12-405, under Criminal Code.

Colo. Rev. Stat. § 18-12-405

(1) (a) Every licensed gun dealer, as defined in section 18-12-506, shall provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm.

(b) This subsection (1) does not apply to the transfer of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.

(2) Every licensed gun dealer shall post, in a conspicuous location on its premises and at any other location at which the dealer sells a firearm, either the notice developed as part of the firearms safe storage education campaign described in section 25-1-131 (2) or the following notice, in writing, on a printed card, with each letter at a minimum of one inch in height:

NOTICE

Unlawful storage of a firearm on premises you own or control may result in imprisonment or fine. Unlawful storage of a firearm in a vehicle may result in a fine.

(3) A licensed gun dealer that violates this section is guilty of an unclassified misdemeanor punishable by a fine of not more than five hundred dollars.

Source: L. 2021: Entire section added, (HB 21-1106), ch. 39, p. 148, � 5, effective July 1. L. 2024: (2) amended, (HB 24-1348), ch. 178, p. 970, � 5, effective January 1, 2025.

Cross references: For the short title (Promoting Child Safety Through Responsible Firearm Storage Act) and the legislative declaration in HB 21-1106, see sections 1 and 2 of chapter 39, Session Laws of Colorado 2021.

18-12-406. Requirements for firearms dealers - training - securing firearms - sale outside of business hours prohibited - rules - penalty. (1) (a) The department shall develop training or approve training courses provided by other entities for dealers and dealers' employees. The training must be available in an online format and include an examination with at least twenty questions derived from the course material and intended to confirm that a course participant understands the information covered in the course. The department, or other trainer conducting the training, shall give a participant who answers at least seventy percent of the examination questions correctly a printable certificate of completion that is valid for one year after the date of completion. The training must include instruction regarding the following:

(I) Federal and state laws governing the sale and transfer of firearms and ammunition;

(II) Recognizing and identifying straw purchasers and fraudulent activity;

(III) Indicators that a person is attempting to purchase a firearm illegally;

(IV) Recognizing and identifying indicators that an individual intends to use a firearm for unlawful purposes;

(V) Recognizing and identifying indicators that an individual intends to use a firearm for self-harm;

(VI) Preventing theft or burglary of firearms and ammunition;

(VII) Responding to circumstances described in subsections (1)(a)(I) to (1)(a)(VI) of this section, and any applicable reporting requirements;

(VIII) Effectively teaching consumers rules of firearm safety, including the safe handling and storage of firearms; and

(IX) Any other reasonable business practices that the department determines will deter firearm trafficking or the unlawful use of firearms.

(b) A dealer shall, within thirty days after the date the permit is issued and annually thereafter, complete a training course developed or approved by the department pursuant to this subsection (1).

(c) (I) An employee of a dealer who, in the course of the employee's duties, handles firearms; processes the sale, loan, or transfer of firearms; or otherwise has access to firearms shall, within thirty days after the employee's first day of work for the dealer and annually thereafter, complete a training course developed or approved by the department pursuant to this subsection (1). An employee who, in the course of the employee's duties, handles firearms; processes the sale, loan, or transfer of firearms; or otherwise has access to firearms, who is employed by a dealer on July 1, 2025, shall complete the employee's first training course no later than thirty days after July 1, 2025.

(II) A dealer shall maintain the training records of each employee and shall make the records available to the department during an on-site inspection of the dealer's place of business.

(2) A dealer shall not conduct business or store firearms at the dealer's place of business unless the dealer secures each firearm, except when the firearm is being shown to a customer, repaired, or otherwise worked on, in a manner that prevents unauthorized use of the firearm. Securing a firearm may include keeping the firearm in a locked container, including a locked display case; properly installing a locking device on the firearm; or, if the firearm is a personalized firearm, activating the safety characteristics of the firearm.

(3) A dealer shall not sell or transfer a firearm:

(a) [Editor's note: This version of subsection (3)(a) is effective until January 1, 2026.] Outside of the dealer's posted business hours; except that a dealer may sell or transfer a firearm at a gun show, as defined in section 18-12-506, outside of the dealer's posted business hours; or

(a) [Editor's note: This version of subsection (3)(a) is effective January 1, 2026.] Outside of the dealer's posted business hours; except that a dealer may sell or transfer a firearm at a gun show, as defined in section 18-12-501, outside of the dealer's posted business hours; or

(b) To a person the dealer knows or suspects is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5).

(4) If a dealer knows or suspects that an employee of the dealer is involved in the theft of a firearm from the dealer's business, the dealer shall report the theft within forty-eight hours after learning of the theft to a law enforcement agency with jurisdiction over the dealer's place of business.

(5) The department may promulgate rules necessary to implement this section.

(6) A violation of any provision of this section by a dealer is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).

Source: L. 2024: Entire section added, (HB 24-1353), ch. 492, p. 3454, � 3, effective July 1, 2025. L. 2025: (3)(a) amended, (HB 25-1238), ch. 93, p. 424, � 3, effective January 1, 2026.

Editor's note: Section 5(2) of chapter 93 (HB 25-1238), Session Laws of Colorado 2025, provides that the act changing this section applies to gun shows held on or after January 1, 2026.

Cross references: For the legislative declaration in HB 25-1238, see section 1 of chapter 93, Session Laws of Colorado 2025.

18-12-407. Dealer employee requirements - background check - penalty - repeal. (1) A dealer shall not employ a person who, in the course of the person's duties, handles firearms, processes the sale, loan, or transfer of firearms, or otherwise has access to firearms, who:

(a) Has been convicted of an offense that prohibits the person from possessing a weapon pursuant to section 18-12-108;

(b) Has been convicted of a misdemeanor offense described in section 24-33.5-424 (3)(b.3) within five years before the date of the person's employment application; or

(c) Is prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922 (g).

(2) In order to determine whether the dealer may employ a person consistent with this section, the dealer shall require a prospective employee to submit to a criminal history record check as described in subsection (3) of this section. A dealer shall only accept the results of a criminal history record check completed within seven days before the employee's first day of work.

(3) (a) Before a person begins work for the dealer in a position in which the person will handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms, the person shall submit to a fingerprint-based criminal history record check. The person shall pay the costs associated with the fingerprint-based criminal history record check.

(b) The person shall have the person's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The person shall authorize the entity taking the person's fingerprints to submit, and the entity shall submit, the complete set of the person's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(c) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the person's information for more than thirty days.

(d) The Colorado bureau of investigation shall use the person's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the person, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(e) The Colorado bureau of investigation shall return the results of its criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether a person is qualified for employment pursuant to this section.

(f) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of a person, the Colorado bureau of investigation shall inform the department, and the department may conduct a name-based criminal history record check of the person using Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this section.

(g) When the results of a criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(h) An employee of a dealer shall submit to a fingerprint-based criminal history record check once every three years in the manner described in this subsection (3).

(4) A dealer shall maintain a copy of the notice from the department following each background check conducted pursuant to subsection (3) of this section indicating that a person is qualified for employment. The dealer shall maintain a copy of the notice for the duration of the person's employment and shall make the notice available to the department during an on-site inspection of the dealer's place of business.

(5) (a) Notwithstanding the requirement in subsection (1) of this section, a person employed by a dealer on July 1, 2025, who submits fingerprints for a background check pursuant to subsection (3) of this section before July 8, 2025, may continue employment without the results of a background check until the department determines whether the employee is qualified for employment pursuant to this section following the background check.

(b) This subsection (5) is repealed, effective December 31, 2025.

(6) If a dealer knowingly employs a person in violation of this section, the department shall:

(a) For a first offense, issue a warning to the dealer that includes a description of the offense and the penalty for subsequent offenses; and

(b) For a second or subsequent offense, revoke the dealer's state permit. A dealer who has had a state permit revoked pursuant to this subsection (6)(b) may apply for a new permit no sooner than three years after the revocation.

Source: L. 2024: Entire section added, (HB 24-1353), ch. 492, p. 3456, � 4, effective July 1, 2025.