(1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.
(a.3) A person who is a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(a.5) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm. This subsection (1)(a.5) and subsection (1)(a.3) of this section do not apply if:
(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or
(III) An individual certified by the P.O.S.T. board pursuant to section 16-2.5-102.
(b) Transferring or selling a firearm in violation of this subsection (1) is a class 1 misdemeanor.
(c) Purchasing a firearm in violation of this subsection (1) is a class 2 misdemeanor.
(2) This section does not apply to the sale 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.
(3) As used in this section, unless the context otherwise requires:
(a) "Licensed gun dealer" has the same meaning set forth in section 18-12-506.
(b) "Transfer" has the same meaning set forth in section 24-33.5-424.
Source: L. 2021: Entire section added, (HB 21-1298), ch. 268, p. 1552, § 1, effective June 19. L. 2023: (1) amended, (SB 23-169), ch. 123, p. 459, § 3, effective August 7.
ANNOTATION
Subsection (1) is presumptively lawful because the aged-based condition or qualification on the conduct it proscribes falls outside the scope of the plain text of the second amendment to the United States Constitution's right to keep and bear arms. Rocky Mt. Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024).
Subsection (1) is designed to ensure only that those who keep and bear arms in the state are, in fact, law-abiding, responsible persons, that it is objectively applied, and thus is not being put toward abusive ends. Rocky Mt. Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024).