CONCERNING THE PROCESS FOR RESOLVING A DENIAL OF A TRANSFER OF A FIREARM WHEN THE DENIAL IS BASED ON A PROSPECTIVE TRANSFEREE'S CRIMINAL RECORD, WHICH CRIMINAL RECORD INCLUDES A CASE FOR WHICH THERE APPEARS TO BE NO FINAL DISPOSITION.
The Colorado Insta-Check system is a program designed to prevent certain individuals from purchasing firearms in the State of Colorado. Reasons for denial include convictions for felonies and certain misdemeanors. Currently if an individual is initially denied purchase of a firearm because of an incomplete arrest record (arrest with no conviction) that person has to appeal the denial and then prove there was no conviction. If they can prove no conviction occurred then the sale is allowed to go through.
HB 1411 changes the burden of proof in denial situations form the individual (proof that you should able to purchase the firearm) to the government (prove that you shouldn’t purchase the firearm.) This a huge paradigm shift in the program. Under the current law a person may spend several thousand dollars to show they should be able to purchase the firearm. Since the Second Amendment is a constitutional guarantee it should be incumbent on the government to prove an individual should not be able to purchase the firearm.