PERMANENT RULES CONCERNING THE INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IN THE STATE OF COLORADO AUTHORITY TO ADOPT RULES AND REGULATION The Executive Director of the Colorado Department of Public Safety is authorized by the provisions of Section 12-26.5-104(10), C.R.S. to adopt rules and regulations to conduct instant criminal background checks in connection with the transfer of handguns from a federally licensed handgun dealer to a prospective handgun purchaser.

CBI 2 AUTHORITY TO SELL HANDGUNS A. Federally licensed firearms dealers, as defined in Section 12-26.5-102, C.R.S., are required to contact the Colorado Bureau of Investigation for an “Instant Criminal Background Check” to ascertain whether or not there is information indicating that a prospective handgun purchaser (transferee) is prohibited from purchasing or possessing a handgun.

CBI3 PROCEDURES FOR LICENSED DEALERS A. The toll free background check service is available to dealers between 9 a.m. and 9 p.m. seven days a week.

These numbers should not be used for administrative matters. Direct your administrative questions to 303-239-4644. DO NOT give the toll free numbers out to anyone. Use of these numbers by non-dealers will tie up the lines and will delay your attempt to check a customer.

B. The CBI will provide you with a unique handgun transaction Approval Number or a unique handgun transaction Denial (NONapproval) Number for each proposed transaction.

1. 1. If you receive an Approval Number, you may complete the transaction. You must notify the CBI of any multiple handgun purchase.
2. 2. If you receive a Denial Number, you may not complete the transaction to the buyer (transferee).

C. If the CBI is experiencing computer problems which prevent your inquiry from -being completed you will be notified of the estimated delay. The CBI has twenty-four (24) hours in which to complete the check and provide you with an Approval or Denial Number. If you are not notified within 24 hours you may complete the transaction.

D. If telephone service is unavailable due to a natural disaster, bona fide emergency or any other reason beyond your control, you are prohibited from completing the transaction for thirty (30) hours. If phone service is restored during those 30 hours, you must contact the CBI and proceed as usual.

E. In the event you complete a transaction under either the 24 hour rule or the 30 hour rule described in paragraphs “C” or “D” above, you must forward a copy of the complete Colorado Handgun Transaction Record to the CBI within 24 hours of the completed sale or transfer.

1. 1. You must retain copies of the Colorado Handgun Transaction Record for a period of not less that 20 years after the date of transfer. After this period these records should be destroyed.

CBI 4 DENIALS A. In the event of a Denial, you must provide the buyer with a “Notice of Denial” form. This form notifies the buyer of the procedures by which the buyer may request a review of the Bureau's decision and a review of their- criminal history record. If after review the CBI reverses its Denial decision both you and the buyer will be notified. The CBI will notify you by phone of any reversal. You will also receive a copy of the Reversal of Denial Decision letter sent to the buyer. The buyer is instructed to bring his/her copy of that letter to you when completing the transaction. You must notify the CBI of any multiple handgun purchase.

CBI 5 INSTA-CHECK SUMMARY REMITTANCE A. All fees collected must be turned over to the State of Colorado for each transaction that occurred during the previous monthly summary period. Each transaction for which you receive an Insta- Check Summary Remittance will be identified by its Approval or Denial number, the date the transaction occurred and the approximate time of the number's issuance. Periodically the costs associated with implementing the background check program will be reviewed and the transaction fee adjusted accordingly.

CBI6 DEALERS FORMS A. Colorado Handgun Transaction Record Form Reproduce this form in sufficient quantity to meet your needs.

B. Notice of Denial You must provide a copy of this form to a prospective buyer after you have issued a Denial number for him/her. The buyer does not need to take any action. The CBI will automatically contact the buyer with the reasons for the denial and the steps he/she can take to appeal. Reproduce this form in sufficient quantity to meet your needs.

CBI 7 MAINTENANCE/CONFIDENTIALITY/SECURITY A. All records pertaining to a transferee created or maintained by the CBI pursuant to the Instant Criminal Background Check System Act are confidential in nature and shall not be maintained nor disseminated except in accordance with the provisions of that act. Copies of the Act are available from the Director, Colorado Bureau of Investigation.