The language that appeared on the ballot: Initiative Statute Analysis by Colorado Legislative Council: Requires background checks if any part of a gun purchase takes place at a gun show with the exception of antique guns, curios and relics; requires a designated licensed gun dealer to obtain background checks, and to keep records of purchases as he or she would when selling, renting, or exchanging at retail; defines a gun show as any event or function where 25 or more guns are offered or exhibited for sale, transfer, or exchange, or at least three gun owners exhibit, sell, offer for sale, transfer, or exchange guns; and creates misdemeanor penalties punishable by jail, fines, or both.
Background and Provisions of the Proposal: Federal law requires gun dealers "people who are in the business of selling guns" to be licensed. Licensed gun dealers must request a background check and get approval prior to a gun sale. Private individuals who occasionally sell or exchange guns are not required to be licensed, obtain a background check, or get approval prior to a sale. People who want to buy guns at gun shows may choose to buy from either a licensed gun dealer or a private individual.
This proposal requires at least one designated licensed gun dealer to obtain background checks on behalf of private individuals who sell guns at gun shows. The licensed gun dealer may charge a fee of up to ten dollars for this service. The proposal creates penalties for violations of its provisions, including providing false information for the background check and failing to request a background check and get approval prior to a gun sale. The penalties include six to 24 months in jail, a fine of $500 to $5,000, or both.
Fiscal Impact: The Office of State Planning and Budgeting has determined that implementation of the measure would require a General Fund appropriation of between $357,383 and $494,211 for the first fiscal year of full implementation, which would include: - 10 to 15 additional temporary employees; - 2 to 3 additional full-time employees for appeals from denied purchases; - additional leased space; and - additional computer and capital expenses for 12 to 18 employees.
There may be an additional cost for a web-based computer interface in the amount of approximately $578,060.
The Office of State Planning and Budgeting has determined that implementation of the measure would require a General Fund appropriation of between $297,416 and $411,227 for the subsequent fiscal year, which would include: - 10 to 15 temporary employees; - 2 to 3 full-time employees for appeals from denied purchases; and - leased space.
There may be an additional cost of $31,500 for continuation of the web-based computer interface. In addition to these costs, it is likely that there would be state and local costs for law enforcement and incarceration, but the amount of such costs is indeterminate.
