House Bill 25-1238 Introduced

A Bill for an Act

• Page 1, Line 101Concerning requirements for gun shows.

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, 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Gun violence remains a significant threat to public safety in

• Page 2, Line 4Colorado, causing harm to individuals, families, and communities across

• Page 3, Line 1the state. Effectively addressing gun violence requires a comprehensive

• Page 3, Line 2strategy that includes both preventing illegal firearm transfers and ensuring responsible ownership practices.

• Page 3, Line 3(b)  Gun shows serve as important venues for the lawful sale and

• Page 3, Line 4transfer of firearms. However, these events present unique challenges for

• Page 3, Line 5regulating the movement of firearms and preventing illegal trafficking.

• Page 3, Line 6While gun shows are lawful and cater primarily to responsible gun

• Page 3, Line 7owners, they can also provide opportunities for firearms to be transferred

• Page 3, Line 8without proper oversight, potentially leading to unlawful possession and misuse.

• Page 3, Line 9(c)  It is essential for Colorado to implement strong regulatory

• Page 3, Line 10measures at gun shows to mitigate the risks associated with unregulated

• Page 3, Line 11or improper firearm transfers. This includes the requirement for gun show

• Page 3, Line 12promoters and vendors to follow security protocols, conduct background checks, and ensure firearms are stored and handled safely.

• Page 3, Line 13(d)  This legislation requires gun show promoters to develop and

• Page 3, Line 14implement security plans, secure liability coverage, and verify that

• Page 3, Line 15firearms are sold or transferred in compliance with state and federal laws.

• Page 3, Line 16In addition, vendors are required to comply with mandatory background

• Page 3, Line 17checks and adhere to federal, state, and local firearm laws and proper firearm storage practices.

• Page 3, Line 18(e)  By fostering responsible practices at gun shows, Colorado can

• Page 3, Line 19reduce the potential for illegal firearm trafficking and decrease the likelihood that firearms will be misused in criminal acts or violence; and

• Page 3, Line 20(f)  Reducing gun violence and ensuring the safe and lawful

• Page 3, Line 21transfer of firearms is a shared responsibility between the state, local

• Page 3, Line 22governments, and communities. This act represents a step toward

• Page 4, Line 1ensuring the safety of all Coloradans, while balancing the rights of responsible gun owners.

• Page 4, Line 2(2)  Therefore, the general assembly declares that regulating gun

• Page 4, Line 3shows to ensure the safety, security, and lawful transfer of firearms is of

• Page 4, Line 4both local and statewide concern, aimed at reducing gun violence and promoting responsible firearm ownership practices throughout Colorado.

• Page 4, Line 5SECTION 2.  In Colorado Revised Statutes, repeal and reenact, with amendments, part 5 of article 12 of title 18 as follows:

• Page 4, Line 6PART 5

• GUN SHOWS

• Page 4, Line 718-12-501.  Definitions. [Similar to former 18-12-506

• Page 4, Line 8introductory portion] As used in this part 5, unless the context otherwise requires:

• Page 4, Line 9(1) [Similar to former 18-12-506 (1)] "Collection" means a trade, barter, or in-kind exchange for one or more firearms.

• Page 4, Line 10(2) [Similar to former 18-12-506 (3)] "Gun show" means the

• Page 4, Line 11entire premises provided for an event or function, including, but

• Page 4, Line 12not limited to, parking areas for the event or function, except

• Page 4, Line 13for adjacent street parking, that is sponsored to facilitate, in

• Page 4, Line 14whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:

• Page 4, Line 15(a)  Twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange; or

• Page 4, Line 16(b)  Not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.

• Page 4, Line 17(3)  "Gun show parking area" means the parking area that

• Page 4, Line 18is on the same property as the gun show venue or that is

• Page 5, Line 1adjacent to the venue and under control of the company that

• Page 5, Line 2owns or operates the venue. "Gun show parking area" does not include adjacent street parking.

• Page 5, Line 3(4) [Similar to former 18-12-506 (4)] "Gun show promoter" means a person who organizes or operates a gun show.

• Page 5, Line 4(5) [Similar to former 18-12-506 (5)] "Gun show vendor"

• Page 5, Line 5means any person who exhibits, sells, offers for sale, transfers,

• Page 5, Line 6or exchanges any firearm at a gun show, regardless of whether

• Page 5, Line 7the person arranges with a gun show promoter for a fixed

• Page 5, Line 8location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.

• Page 5, Line 9(6)  "Local law enforcement agency with jurisdiction over

• Page 5, Line 10the gun show" means a town marshal's office, police department,

• Page 5, Line 11or sheriff's office whose jurisdiction includes the area in which a gun show occurs.

• Page 5, Line 12(7)  "State firearms dealer permit" means a state firearms dealer permit described in section 18-12-401.5.

• Page 5, Line 1318-12-502.  Gun show promoters - requirements - penalties.

• Page 5, Line 14(1) (a)  For each gun show organized and operated by a gun show

• Page 5, Line 15promoter, the promoter shall prepare a security plan. The security plan must include:

• Page 5, Line 16(I)  A list of gun show vendors who will participate in the gun show;

• Page 5, Line 17(II)  The estimated number of attendees;

• Page 5, Line 18(III)  The number of security personnel retained by the gun

• Page 5, Line 19show promoter to provide security at the gun show, including

• Page 5, Line 20the number of security personnel who are certified by the peace

• Page 6, Line 1officer standards and training board created in section 24-31-302; and

• Page 6, Line 2(IV)  A floor plan or layout of the event that includes

• Page 6, Line 3information about the location of the entrances and exits and

• Page 6, Line 4the location of video cameras that provide video surveillance of the gun show.

• Page 6, Line 5(b)  Pursuant to subsection (2)(a)(II) of this section, a gun

• Page 6, Line 6show promoter shall submit the security plan to each local law enforcement agency with jurisdiction over the gun show.

• Page 6, Line 7(2) (a)  For each gun show organized and operated by a promoter, the promoter shall:

• Page 6, Line 8(I)  Have in full force and effect a liability insurance

• Page 6, Line 9policy that covers losses or damages of at least one million

• Page 6, Line 10dollars to all persons, arising from an incident that results in

• Page 6, Line 11injury to a person other than the insured, while the person is in

• Page 6, Line 12attendance at the gun show. The liability insurance policy must

• Page 6, Line 13be from an insurer authorized to do business in Colorado or a nonadmitted insurer, as defined in section 10-5-101.2.

• Page 6, Line 14(II)  No later than fourteen days before the gun show,

• Page 6, Line 15submit the security plan required by subsection (1) of this

• Page 6, Line 16section to each local law enforcement agency with jurisdiction over the gun show;

• Page 6, Line 17(III)  Prohibit a person who has been convicted of violating

• Page 6, Line 18any provision of this article 12 or any state or local law

• Page 6, Line 19concerning the sale of firearms from participating as a vendor

• Page 6, Line 20in the gun show; except that a promoter is not required to

• Page 6, Line 21prohibit a vendor from participating as a vendor in the gun show

• Page 7, Line 1after a conviction for a first offense of unlawful gun show vendor activity pursuant to section 18-12-505 (2);

• Page 7, Line 2(IV)  Obtain, at least three days before the gun show, and

• Page 7, Line 3retain for six months after the gun show a certification from

• Page 7, Line 4each gun show vendor that complies with the requirements of section 18-12-504;

• Page 7, Line 5(V)  Ensure that all entrances and exits, including fire

• Page 7, Line 6exits, are either guarded by security personnel or equipped with an alarm system;

• Page 7, Line 7(VI)  Provide video surveillance of the gun show parking

• Page 7, Line 8area and of the main entrance and main exit during the entire

• Page 7, Line 9time a gun show promoter has access to the venue, including

• Page 7, Line 10during vendor setup and takedown, and maintain recordings of

• Page 7, Line 11the surveillance for six months after the gun show. If the venue

• Page 7, Line 12conducts video surveillance of the gun show parking area, the

• Page 7, Line 13gun show promoter is not required to provide additional video

• Page 7, Line 14surveillance, but the promoter must retain the video

• Page 7, Line 15surveillance recordings for six months after the gun show as required in this subsection (2)(a)(VI).

• Page 7, Line 16(VII)  Ensure that each firearm brought into the gun show

• Page 7, Line 17by a person other than a gun show vendor, security personnel,

• Page 7, Line 18or the gun show promoter is checked and tagged. The tag must

• Page 7, Line 19state that all firearm transfers between private parties at the

• Page 7, Line 20show must be conducted through a licensed dealer. In order to

• Page 7, Line 21bring a firearm into a gun show, a person must sign the tag and

• Page 7, Line 22the tag must remain on the firearm for the entire time the

• Page 7, Line 23firearm is at the gun show.

• Page 8, Line 1(VIII)  Prohibit a person under the age of twenty-one from

• Page 8, Line 2entering the gun show unless the person is accompanied by a parent, grandparent, or guardian;

• Page 8, Line 3(IX)  For each customer who leaves the gun show with a

• Page 8, Line 4purchased firearm, check that the firearm was delivered in

• Page 8, Line 5compliance with the waiting period required in section 18-12-115

• Page 8, Line 6by requiring a person leaving the gun show with a purchased

• Page 8, Line 7firearm to demonstrate that the waiting period was complied with or that an exception applies; and

• Page 8, Line 8(X)  Post the following notices at each entrance and conspicuously at locations throughout the gun show:

• Page 8, Line 9(A)  A notice that states: "No one may transfer a firearm

• Page 8, Line 10without first obtaining a background check through a licensed

• Page 8, Line 11gun dealer if any part of the transaction occurs on these

• Page 8, Line 12premises, including the parking facilities. Section 18-12-506, Colorado Revised Statutes"; and

• Page 8, Line 13(B)  A notice that a firearm left in an unattended vehicle

• Page 8, Line 14is required to be secured in the vehicle in accordance with section 18-12-114.5.

• Page 8, Line 15(b)  A gun show promoter who violates a requirement

• Page 8, Line 16described in subsection (2)(a) of this section commits unlawful

• Page 8, Line 17gun show management. Unlawful gun show management is a

• Page 8, Line 18class 2 misdemeanor; except that a second or subsequent offense

• Page 8, Line 19is a class 1 misdemeanor and, in addition to a penalty imposed in

• Page 8, Line 20accordance with section 18-1.3-501, the promoter is also

• Page 8, Line 21prohibited from acting as a gun show promoter for five years,

• Page 8, Line 22beginning on the date of the conviction for the second or subsequent offense.

• Page 9, Line 118-12-503.  Gun show vendors - federal firearms license and

• Page 9, Line 2state firearms dealer permit required - penalty. (1) (a)  A gun show

• Page 9, Line 3vendor must be a federal firearms licensee and hold a valid

• Page 9, Line 4state firearms dealer permit. A person who is not a federal

• Page 9, Line 5firearms licensee and does not hold a valid state firearms

• Page 9, Line 6dealer permit shall not participate in a gun show as a gun show vendor.

• Page 9, Line 7(b)  A person who has been convicted of a second offense

• Page 9, Line 8of unlawful gun show vendor activity described in section

• Page 9, Line 918-12-505 shall not participate in a gun show as a gun show vendor.

• Page 9, Line 10(c)  A person who has not completed the certification to

• Page 9, Line 11the gun show promoter described in section 18-12-504, including

• Page 9, Line 12attaching a copy of the vendor's federal firearms license and

• Page 9, Line 13state firearms dealer permit to the certification, shall not participate in a gun show as a gun show vendor.

• Page 9, Line 14(2)  A person who violates this section commits unlawful

• Page 9, Line 15participation in a gun show as a gun show vendor. Unlawful

• Page 9, Line 16participation in a gun show as a gun show vendor is a class 2

• Page 9, Line 17misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor.

• Page 9, Line 1818-12-504.  Gun show vendor certification. (1)  A gun show

• Page 9, Line 19vendor shall certify the following to a gun show promoter, in a form determined by the gun show promoter:

• Page 9, Line 20Gun Show Vendor

• Page 9, Line 21Certification of Compliance

• Page 10, Line 1As a vendor of firearms or firearm

• Page 10, Line 2components at the gun show operated by

• Page 10, Line 3[promoter's name] to be held [date or dates of gun

• Page 10, Line 4show] in [city or town, if applicable], _______

• Page 10, Line 5county, Colorado, I certify to the promoter of the gun show that:

• Page 10, Line 6I am a federal firearms licensee and I am

• Page 10, Line 7permitted by the state of Colorado to sell firearms at retail.

• Page 10, Line 8I will display a copy of the federal license and state permit at my booth at the gun show.

• Page 10, Line 9I have never been convicted of illegal activity involving firearms.

• Page 10, Line 10I will ensure that all firearms and frames or

• Page 10, Line 11receivers of firearms sold by me at the gun show

• Page 10, Line 12will be preceded by a background check of the

• Page 10, Line 13purchaser and comply with the three-day waiting period required in state law.

• Page 10, Line 14I will not sell or transfer any weapons or

• Page 10, Line 15ammunition that I am prohibited from selling

• Page 10, Line 16pursuant to federal or state law, including, but not limited to:

• Page 10, Line 17Ammunition magazines that allow for more than 15 rounds of ammunition;

• Page 10, Line 18Firearms that have fixed magazines that allow for more than 15 rounds of ammunition;

• Page 10, Line 19Ammunition that is not in an enclosed display

• Page 11, Line 1case or behind a counter or other customer access prevention device;

• Page 11, Line 2Firearms or frames or receivers of a firearm,

• Page 11, Line 3including unfinished frames or receivers, that are unserialized; and

• Page 11, Line 4Dangerous weapons, as defined in section

• Page 11, Line 518-12-102, C.R.S., and illegal weapons, as defined in

• Page 11, Line 6section 18-12-102, C.R.S., unless the transferee presents a valid permit for possession of the weapon.

• Page 11, Line 7Furthermore, I am aware of additional

• Page 11, Line 8prohibited items in the city or town and county in

• Page 11, Line 9which the gun show will be held, and I will not engage in the sale of those items.

• Page 11, Line 10I understand that if I sell prohibited items or

• Page 11, Line 11conduct sales in dangerous or illegal weapons

• Page 11, Line 12without the transferee presenting a valid permit, I

• Page 11, Line 13may be subject to criminal penalties under federal,

• Page 11, Line 14state, or local laws and may be prohibited from

• Page 11, Line 15participating in future gun shows in the state of Colorado.

• Page 11, Line 16Vendor Printed Name:________________

• Vendor Signature:________________

• Page 11, Line 17Date:_______________

• Page 11, Line 18(2)  A gun show vendor shall attach a copy of the vendor's

• Page 11, Line 19federal firearms license and state firearms dealer permit to the certification.

• Page 11, Line 2018-12-505.  Gun show vendors - requirements - penalties. (1)  While participating in a gun show, a gun show vendor shall:

• Page 12, Line 1(a)  Prominently display a copy of the vendor's federal

• Page 12, Line 2firearms license and a copy of the vendor's state firearms

• Page 12, Line 3dealer permit at the vendor's primary place of business at the gun show;

• Page 12, Line 4(b)  Keep all firearms in the vendor's possession unloaded

• Page 12, Line 5and securely affixed to the vendor's countertop or wall by use of a plastic tie or electronically monitored wire;

• Page 12, Line 6(c)  Secure ammunition in an enclosed display case or

• Page 12, Line 7behind the vendor's counter or other customer access prevention device; and

• Page 12, Line 8(d)  Include with each sold firearm the following information, in writing:

• Page 12, Line 9Firearms storage and reporting requirements:

• Page 12, Line 10Firearms must be responsibly and securely stored

• Page 12, Line 11when they are not in use to prevent access by

• Page 12, Line 12unsupervised juveniles and other unauthorized users. Section 18-12-114, C.R.S.

• Page 12, Line 13Firearms left in an unattended vehicle must be

• Page 12, Line 14stored in accordance with state law. Section 18-12-114.5, C.R.S.

• Page 12, Line 15If a firearm is lost or stolen, the owner of the

• Page 12, Line 16firearm must report the loss or theft to a law

• Page 12, Line 17enforcement agency not more than five days after

• Page 12, Line 18discovering that the firearm has been lost or stolen. Section 18-12-113. C.R.S.

• Page 12, Line 19(2)  A gun show vendor who violates this section commits

• Page 13, Line 1unlawful gun show vendor activity. Unlawful gun show vendor

• Page 13, Line 2activity is a class 2 misdemeanor; except that a second or

• Page 13, Line 3subsequent offense is a class 1 misdemeanor and, pursuant to

• Page 13, Line 4section 18-12-503 (1)(b), the person who has committed a second

• Page 13, Line 5or subsequent offense of unlawful gun show vendor activity is prohibited from participating as a vendor at a gun show.

• Page 13, Line 618-12-506.  Background checks at gun shows - records - fees -

• Page 13, Line 7notice posted by promoter - penalties - definition. (1) (a) [Similar to

• Page 13, Line 8former 18-12-501 (1)] Before a gun show vendor transfers or

• Page 13, Line 9attempts to transfer a firearm at a gun show, the vendor shall:

• Page 13, Line 10(I)  Require that a background check, in accordance with

• Page 13, Line 11section 24-33.5-424, be conducted of the prospective transferee; and

• Page 13, Line 12(II)  Obtain approval of a transfer from the Colorado

• Page 13, Line 13bureau of investigation after a background check has been

• Page 13, Line 14requested by a licensed gun dealer, in accordance with section 24-33.5-424.

• Page 13, Line 15(b) [Similar to former 18-12-501 (2)] A gun show promoter

• Page 13, Line 16shall arrange for the services of one or more licensed gun

• Page 13, Line 17dealers on the premises of the gun show to obtain the background checks required by this section.

• Page 13, Line 18(c) [Similar to former 18-12-501 (3)] If any part of a firearm

• Page 13, Line 19transaction takes place at a gun show, the transferor shall not

• Page 13, Line 20transfer the firearm unless a background check has been obtained by a licensed gun dealer.

• Page 13, Line 21(d) [Similar to former 18-12-501 (4)] A person who violates

• Page 13, Line 22this subsection (1) commits a class 1 misdemeanor.

• Page 14, Line 1(2) [Similar to former 18-12-502] (a)  A licensed gun dealer

• Page 14, Line 2who obtains a background check on a prospective transferee

• Page 14, Line 3shall record the transfer, as required in section 18-12-402, and

• Page 14, Line 4retain the records, as required in section 18-12-403, in the same

• Page 14, Line 5manner as when conducting a sale, rental, or exchange at retail.

• Page 14, Line 6(b)  Any individual who knowingly gives false information

• Page 14, Line 7in connection with the making of the records described in this subsection (2) commits a class 1 misdemeanor.

• Page 14, Line 8(3) [Similar to former 18-12-503] For each background

• Page 14, Line 9check conducted at a gun show, a licensed gun dealer may charge a fee not to exceed ten dollars.

• Page 14, Line 10(4) [Similar to former 18-12-504] (a)  A gun show promoter

• Page 14, Line 11shall prominently post a notice, in a form to be prescribed by the

• Page 14, Line 12executive director of the department of public safety or the

• Page 14, Line 13executive director's designee, setting forth the requirement for a background check required in this section.

• Page 14, Line 14(b)  A gun show promoter who violates this subsection (4) commits a class 2 misdemeanor.

• Page 14, Line 15(5) [Similar to former 18-12-505] This section does not apply

• Page 14, Line 16to the transfer of an antique firearm, as defined in 18 U.S.C. sec.921(a)(16), or a curio or relic, as defined in 27 CFR sec. 178.11.

• Page 14, Line 17(6) [Similar to former 18-12-506 (6)] As used in this section,

• Page 14, Line 18unless the context otherwise requires, "licensed gun dealer"

• Page 14, Line 19means any person who is a licensed importer, licensed

• Page 14, Line 20manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923,

• Page 14, Line 21as a federally licensed firearms dealer.

• Page 15, Line 1(7) [Similar to former 18-12-507] The general assembly shall appropriate money as necessary to implement this section.

• Page 15, Line 2SECTION 3.  In Colorado Revised Statutes, 18-12-406, amend as it will become effective July 1, 2025, (3)(a) as follows:

• Page 15, Line 318-12-406.  Requirements for firearms dealers - training -

• Page 15, Line 4securing firearms - sale outside of business hours prohibited - rules - penalty. (3)  A dealer shall not sell or transfer a firearm:

• Page 15, Line 5(a)  Outside of the dealer's posted business hours; except that a

• Page 15, Line 6dealer may sell or transfer a firearm at a gun show, as defined in section

• Page 15, Line 718-12-506 section 18-12-501, outside of the dealer's posted business hours; or

• Page 15, Line 8SECTION 4.  In Colorado Revised Statutes, 39-37-103, amend (6) as follows:

• Page 15, Line 939-37-103.  Definitions. As used in this article 37, unless the context otherwise requires:

• Page 15, Line 10(6)  "Firearm" or "gun" means a firearm as defined in section

• Page 15, Line 1118-12-101 (1)(b.7) and any instrument or device described in section 18-1-901 (3)(h) or 18-12-401 (1)(a). or 18-12-506 (2).

• Page 15, Line 12SECTION 5.  Applicability. This act applies to gun shows held on or after the effective date of this act.

• Page 15, Line 13SECTION 6.  Safety clause. The general assembly finds,

• Page 15, Line 14determines, and declares that this act is necessary for the immediate

• Page 15, Line 15preservation of the public peace, health, or safety or for appropriations for

• Page 15, Line 16the support and maintenance of the departments of the state and state institutions.