HB 10-1391
CONCERNING THE ELIMINATION OF THE REPEAL OF CERTAIN PROVISIONS REQUIRING THAT THE COLORADO BUREAU OF INVESTIGATION DENY THE TRANSFER OF A FIREARM TO A PERSON IF THE BUREAU RECEIVES CERTAIN INFORMATION ABOUT THE PERSON'S CRIMINAL HISTORY IN RESPONSE TO SEARCH OF A CRIMINAL HISTORY RECORDS DATABASE.
This bill extends a provision in state law that was due to sunset in July 2010. The provision the bill denies gun purchases to those with an arrest on their record, even if they were never convicted. This deny-on-arrest provision would remove a constitutional right to own a firearm based on an arrest (an accusation), not a conviction. It directly conflicts with the fundamental American doctrine of ‘innocent until proven guilty.’
Because the disposition of an arrest record isn’t always available, the burden of proof falls on gun buyers to prove they are eligible to purchase a firearm. In many cases, this costs individuals thousands of dollars of their own money to prove their innocence.
Signed into law by the Governor 6/7/10