HB 1302

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1302
     BY REPRESENTATIVE(S) Duran and Boesenecker, Bacon, Brown,
     Camacho, Froelich, Jackson, Joseph, Lindsay, Nguyen, Woodrow,
     McCluskie;
     also SENATOR(S) Kipp, Amabile, Cutter, Danielson, Daugherty,
     Gonzales J., Jodeh, Lindstedt, Sullivan, Coleman.
     CONCERNING THE COLORADO BUREAU OF INVESTIGATION'S FIREARMS
          BACKGROUND CHECK OPERATING HOURS.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
            (a) The Colorado bureau of investigation, or CBI, is currently
     mandated to provide background check services at least 12 hours a day
     every day of the year, excluding Thanksgiving day and Christmas day;
            (b) The current background check business hours requirement was
     established when firearm transfers could occur immediately upon approval
     of a background check;
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
      (c) House Bill 23-1219, enacted in 2023, implemented a 3-day
waiting period for firearm transfers, which has reduced CBI's need to
provide immediate background check services; and
       (d) Allowing CBI to flex its operational hours based on business
needs will enable CBI to staff its background check services more
strategically, streamline its processes, and reduce costs by eliminating
unnecessary employee shifts, all while continuing to provide timely
background check services.
       SECTION 2. In Colorado Revised Statutes, 24-33.5-424, amend
(7)(b) introductory portion, (7)(b)(IV) introductory portion, and
(7)(b)(IV)(A); and add (7)(c) and (7)(d) as follows:
        24-33.5-424. National instant criminal background check system
- state point of contact - fee - grounds for denial of firearm transfer -
appeal - rule-making - unlawful acts - instant criminal background
check cash fund - creation.
      (7) (b) The rules adopted pursuant to paragraph (a) of this
subsection (7) shall SUBSECTION (7)(a) OF THIS SECTION MUST include, but
need not be limited to:
      (IV) Procedures for carrying out the duties under REQUIRED
PURSUANT TO this section, including, at a minimum:
       (A) That the bureau shall be IS open for business at least twelve
hours per day every calendar day, except Christmas day and Thanksgiving
day, DURING HOURS THAT BEST MEET THE BUSINESS NEEDS OF THE BUREAU
in order to TIMELY transmit the requests for a background check to the
NICS system and search other databases. THE DIRECTOR OF THE BUREAU, OR
THEIR DESIGNEE, SHALL CONTINUOUSLY REVIEW THE BUSINESS NEEDS
STATISTICS OF THE BUREAU'S UNIT THAT CONDUCTS FIREARM TRANSFER
BACKGROUND CHECKS PURSUANT TO THIS SECTION AND DETERMINE HOURS
OF OPERATION THAT BEST MEET THE BUSINESS NEEDS OF THE BUREAU.
      (c) THE BUREAU SHALL IMMEDIATELY PLACE IN THE PROCESSING
QUEUE A REQUEST FOR A BACKGROUND CHECK PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, REGARDLESS OF WAITING TIME REQUIREMENTS
ESTABLISHED PURSUANT TO SECTION 18-12-115. THE BUREAU SHALL ALLOW
PAGE 2-HOUSE BILL 26-1302
THE SUBMISSION OF A BACKGROUND CHECK REQUEST EVERY DAY OF THE
YEAR EXCEPT T HANKSGIVING DAY AND C HRISTMAS DAY ,
NOTWITHSTANDING UNFORESEEN AND UNAVOIDABLE BACKGROUND CHECK
SYSTEM OUTAGES. PURSUANT TO SECTION 18-12-115 (1)(a)(I), THE
THREE-DAY WAITING PERIOD TO DELIVER A FIREARM TO A PURCHASER
BEGINS WHEN A LICENSED GUN DEALER INITIATES A BACKGROUND CHECK OF
THE PURCHASER.
       (d) ON OR BEFORE JANUARY 15 OF EACH YEAR, THE BUREAU SHALL
SUBMIT A REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES, DETAILING:
       (I) AVERAGE BACKGROUND CHECK PROCESSING TIMES;
       (II) ANY SIGNIFICANT CHANGES TO OPERATING HOURS;
     (III) SYSTEM OUTAGES OR DISRUPTIONS THAT RESULTED IN THE
BUREAU'S INABILITY TO HAVE SUBMISSIONS ACCEPTED; AND
       (IV) STEPS TAKEN TO IMPROVE ACCESS AND EFFICIENCY.
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 3-HOUSE BILL 26-1302
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 26-1302