2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COURTS OF RECORD (§§ 13-1-101 — 13-9-124) › Article 9 - PROBATE COURT OF DENVER (§§ 13-9-101 — 13-9-124) › Section 13-9-124 - National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration

(1)
Legislative declaration.
The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to
18 U.S.C. sec. 922(d)(4) and (g)(4)
, as permitted by the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180, sec. 105).
(2)
Eligibility.
A person may petition for relief pursuant to this section if:
(a)
(I)
He or she has been found to be incapacitated by order of the court pursuant to part 3 of article
14
of title
15
, C.R.S.;
(II)
The person has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section
27-81-112
; or
(III)
The court has entered an order for the person's involuntary certification for short-term treatment of a mental health disorder pursuant to section
27-65-108.5
or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section
27-65-109(10)
, or for long-term care and treatment of a mental health disorder pursuant to section
27-65-110
; and
(b)
He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by
18 U.S.C. sec. 922(d)(4)
, or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to
18 U.S.C. sec. 922(g)(4)
.
(3)
Due process.
In a court proceeding pursuant to this section:
(a)
The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition;
(b)
The court shall review the evidence; and
(c)
The court shall create and thereafter maintain a record of the proceeding.
(4)
Proper record.
In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider:
(a)
The circumstances regarding the firearms prohibitions imposed by
18 U.S.C. sec. 922(g)(4)
;
(b)
The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and
(c)
The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence.
(5)
Proper findings.
(a)
Before granting relief to a petitioner pursuant to this section, the court shall issue findings that:
(I)
The petitioner is not likely to act in a manner that is dangerous to public safety; and
(II)
Granting relief to the petitioner is not contrary to the public interest.
(b)
(I)
If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court.
(II)
A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court.
(III)
In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review.
Amended by 2023 Ch. 423,§ 10, eff. 7/1/2024.
Amended by 2022 Ch. 451, §18, eff. 8/10/2022.
Amended by 2022 Ch. 222, §12, eff. 7/1/2022.
Amended by 2020 Ch. 286, §45, eff. 7/13/2020.
Amended by 2018 Ch. 35, §11, eff. 8/8/2018.
Amended by 2017 Ch. 263, §8, eff. 5/25/2017.
Added by 2013 Ch. 47, §5, eff. 3/20/2013.
L. 2013: Entire section added, (HB 13 -1229), ch. 135, p. 135, § 5, effective March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 1252, p. 1252, § 8, effective May 25. L. 2018: (2)(a)(III) amended, (SB 18 -091), ch. 384, p. 384, § 11, effective August 8.
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.