What are the reasons for denial? Colorado law and Federal law dictate who cannot buy a firearm through a dealer or a private sale at a gunshow. The Brady Registration Check system is in place on the Federal level and Colorado also has a state level Brady, administered by CBI. This means you have two levels of checks and registration.
To learn more about Colorado's Brady Registration system, click here.
18 U.S.C. sec. 922 (g):
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien, is illegally or unlawfully in the United States;
(6) who (FOOTNOTE 1) has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
CBI denied my purchase of a firearm based on the fact that I was arrested, but I was never convicted of that crime (acquitted, deferred judgment, deferred sentence, etc).
It will be up to you to contact CBI to set the matter straight. (CBI’s Insta-Check website is http://cbi.state.co.us/ic/index.htm & phone number is (303) 486-2823 )
Colorado Revised Statutes 24-33.5-424
(3) (a) The bureau, acting as the state point of contact for implementation of 18 U.S.C. sec. 922 (t), shall transmit a request for a background check in connection with the prospective transfer of a firearm to the NICS system and may also search other databases. The bureau shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of any provision of state law, including but not limited to section 18-12-108 (4) (c), C.R.S., involving acts which, if committed by an adult, would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
(b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee:
(A) Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases; or
(B) Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. sec. 921 (a) (20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.
I was wrongly denied a firearms purchase by CBI. What should I do now? Contact CBI through information provided in paperwork you received from your firearms dealer. In that paperwork, you can request CBI to give you the reason for denial. Once you get that reason(s) for denial, you must then prove they are in error. Once proven, and CBI issues the approval code, you can then show that paperwork to your firearms dealer. Also note that once that is cleared up, CBI usually corrects their records.
When I purchase a firearm in Colorado does the state keep information about my purchase? The State of Colorado isn't supposed to keep a record of who bought a gun (just a valid approval code), but if you believe they don't keep the record I have a bridge in Manhattan to sell you.
And since Colorado has a Baby Brady (read more about it all here), you get to --whoopeee -- go through a second background check with the feds. Again, they don't keep records. No, really. I mean it. Seriously. Er....ahem....
