HB 26-1126

HB 26-1126 is a Colorado bill that updates requirements for firearms dealers. It clarifies that dealers need state permits to transfer firearms and extends background check requirements to responsible persons within the business who handle guns or manage sales. The bill also increases fines for violating dealer regulations, expands record-keeping rules to cover all types of firearms sold, and mandates security measures like alarms and surveillance cameras in dealers' stores starting from 2027. This affects firearm dealers and their employees across Colorado. Since it has been signed into law, these new requirements will start being implemented according to the bill's timeline.

Official Summary

Under existing law, a firearms dealer (dealer) must obtain a state permit in order to engage in the business of dealing in firearms. The bill clarifies that a state permit is required for a dealer to transfer firearms.     Under existing law, in order to be issued a state permit, a dealer must not have had a firearms dealer license or permit or a firearm possession permit revoked, suspended, or denied for good cause within 3 years before submitting a state permit application (prior license requirement) and must not have violated any state or federal law concerning the possession, purchase, or sale of firearms in the 3 years before applying for the state permit (prior violation requirement). The bill clarifies that the prior license and prior violation requirements apply to an individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the dealer, known as a 'responsible person' of the dealer. The bill makes the dealer training requirements apply to responsible persons who, in the course of their duties, handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms.     The bill makes provisions related to a dealer's employees who handle firearms also apply to any individual, including an independent contractor, who performs an employee's duties, whether paid or unpaid.     The bill permits the department of revenue (department) to fine a dealer up to $100,000 $75,000 for a second or subsequent violation of certain dealer requirements.     Under existing state law, dealers are subject to record-keeping requirements involving pistols and revolvers sold, rented, or exchanged at retail. The bill makes the record-keeping requirements apply to all retail transactions involving any firearm other than destructive devices, and clarifies that dealers may keep the records electronically, and prohibits the department and any other state agency from using information obtained from dealer records to create or maintain a registry identifying firearm ownership.     The bill requires a dealer to secure large-capacity magazines in the dealer's possession. A dealer's place of business must have security features designed to prevent unauthorized entry installed on each exterior door and window of the place of business, have interior lighting that is sufficient to identify characteristics of a person on surveillance video, and be equipped with a security alarm system that includes video surveillance of each door and any area of the business in which firearms are kept. The department shall adopt rules requiring security measures for dealers' places of business, and a dealer shall submit a comprehensive security plan to the department that demonstrates the security measures that the dealer will implement to comply with the rules. Beginning October 1, 2027, a dealer must implement the security measures. The bill requires a dealer to report the theft or loss of a firearm to the department.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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