C.R.S. Section 13-5-142.5
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)

Intentionally left blank —Ed.

(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)

[Editor’s note:
This version of subsection (2)(a)(III) is effective until July 1, 2024.]
The court has entered an order for the person’s involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-109, 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

(III)

[Editor’s note:
This version of subsection (2)(a)(III) is effective July 1, 2024.]
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)

Intentionally left blank —Ed.

(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.

Source: Section 13-5-142.5 — National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑5‑101
Judicial districts and terms 13‑5‑102
First district 13‑5‑103
Second district 13‑5‑104
Third district 13‑5‑105
Fourth district 13‑5‑106
Fifth district 13‑5‑107
Sixth district 13‑5‑108
Seventh district 13‑5‑109
Eighth district 13‑5‑110
Ninth district 13‑5‑111
Tenth district 13‑5‑112
Eleventh district 13‑5‑113
Twelfth district 13‑5‑114
Thirteenth district 13‑5‑115
Fourteenth district 13‑5‑116
Fifteenth district 13‑5‑117
Sixteenth district 13‑5‑118
Seventeenth district 13‑5‑119
Eighteenth district 13‑5‑120
Nineteenth district 13‑5‑121
Twentieth district 13‑5‑122
Twenty-first district 13‑5‑123
Twenty-second district 13‑5‑123.1
Twenty-third district 13‑5‑123.2
Twenty-third judicial district - elections in 2024 - reports - repeal 13‑5‑124
Appointment of clerk and employees 13‑5‑125
Clerks to keep records 13‑5‑126
Duties of bailiff 13‑5‑127
Duties of reporters 13‑5‑128
Compensation of reporter 13‑5‑131
Multiple-judge districts 13‑5‑132
Powers of judges sitting separately 13‑5‑133
Judges may sit en banc - purpose - rules 13‑5‑134
Juries 13‑5‑135
Time limit on judgment 13‑5‑136
Forfeit of salary 13‑5‑138
Appeals to district court 13‑5‑139
Transfer of information from orders for child support and maintenance to child support enforcement agency - payment of support and maintenance 13‑5‑140
Transfer of certain registry functions - cooperation between departments 13‑5‑141
Compilation - sentences received upon conviction of felony 13‑5‑142
National instant criminal background check system - reporting 13‑5‑142.5
National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration 13‑5‑142.8
Notice by professional persons 13‑5‑143
Judge as party to a case - recusal of judge upon motion 13‑5‑144
Chief judge - veterans treatment court authority 13‑5‑145
Truancy detention reduction policy - legislative declaration 13‑5‑201
District court magistrates
Green check means up to date. Up to date

Current through Fall 2024

§ 13-5-142.5’s source at colorado​.gov