colorado gun law waiting period

Colorado Gun Law: Waiting Period Explained

By Jessica White
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When it comes to gun laws, each state has its own unique set of regulations. Colorado is no exception, with its own set of rules governing the purchase and ownership of firearms. One such regulation is the Colorado gun law waiting period. Let's delve into the details of this law, its purpose, and how it affects both Colorado residents and non-residents.

Understanding the Colorado Gun Law Waiting Period

The Colorado gun law waiting period, as outlined in Colorado Revised Statutes § 18-12-108.5, requires a cooling-off period before a person can take possession of a firearm they've purchased. This period is designed to prevent impulsive, violent acts and to ensure that the buyer is indeed the person who will ultimately own the firearm.

Duration of the Waiting Period

The waiting period in Colorado is three business days. This means that after purchasing a firearm, the buyer must wait three full business days (Monday through Friday, excluding holidays) before they can take possession of it. The clock starts ticking from the time the purchase is completed and the required background check is initiated.

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Exemptions to the Waiting Period

While the Colorado gun law waiting period applies to most firearm purchases, there are some exemptions. These include:

  • Purchases made at gun shows or other temporary events where the seller is licensed as a federal firearms licensee (FFL).
  • Transfers between immediate family members.
  • Purchases made by out-of-state residents who are not prohibited from owning firearms in their home state and who are purchasing the firearm for lawful purposes.

Background Checks and the Waiting Period

The Colorado gun law waiting period is closely tied to the state's background check process. When a firearm is purchased, the buyer must undergo a background check through the Colorado Bureau of Investigation (CBI) and the National Instant Criminal Background Check System (NICS). The waiting period ensures that the background check can be completed thoroughly and accurately.

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Consequences of Violating the Waiting Period

Violating the Colorado gun law waiting period is a Class 2 misdemeanor, punishable by up to 120 days in jail and/or a fine of up to $750. Additionally, doing so could result in the loss of one's right to own or possess a firearm.

Colorado Gun Law Waiting Period vs. Federal Law

It's important to note that the Colorado gun law waiting period supplements, rather than replaces, federal gun laws. Federal law also requires a background check and a waiting period for firearm purchases from licensed dealers. However, the federal waiting period is only 3 days for handguns and does not apply to long guns (rifles and shotguns).

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How the Colorado Gun Law Waiting Period Affects Non-Residents

Colorado's gun law waiting period applies to both Colorado residents and non-residents. However, out-of-state residents who purchase a firearm in Colorado can take advantage of a provision that allows them to take possession of the firearm immediately if they pass the background check and meet certain conditions. This is known as the "residency waiver."

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In conclusion, the Colorado gun law waiting period is a critical component of the state's effort to ensure the safe and responsible ownership of firearms. While it may seem like a minor inconvenience to some, it plays a significant role in preventing impulsive, violent acts and ensuring that only eligible individuals can purchase and own firearms.

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