Colorado Code
Part 8 - Domestic Violence
§ 18-6-801. Domestic Violence - Sentencing

(II) The defendant shall complete an affidavit, which must be filed in the court record within seven business days after sentencing, stating the number of firearms in the defendant's immediate possession or control or subject to the defendant's immediate possession or control, the make and model of each firearm, any reason the defendant is still in immediate possession or control of such firearm, and the location of each firearm. If the defendant does not possess a firearm at the time of sentencing, the defendant shall indicate such nonpossession in the affidavit.
(III) If the defendant possessed a firearm at the time of the qualifying incident giving rise to the duty to relinquish the firearm pursuant to this section but transferred or sold the firearm to a private party prior to sentencing, the defendant shall disclose the sale or transfer of the firearm to the private party in the affidavit described in subsection (8)(e)(II) of this section. The defendant, within seven business days after sentencing, shall acquire a written receipt and signed declaration that complies with subsection (8)(h)(I)(A) of this section, and the defendant shall file the signed declaration at the same time the defendant files the affidavit pursuant to subsection (8)(e)(II) of this section.
(IV) The state court administrator shall develop the affidavit described in subsection (8)(e)(II) of this section and all other forms necessary to implement this subsection (8) no later than January 1, 2022. State courts may use the forms developed by the state court administrator pursuant to this subsection (8)(e) or another form of the court's choosing, so long as the forms comply with the requirements of this subsection (8)(e).
(V) Upon the sworn statement or testimony of the petitioner or of any law enforcement officer alleging there is probable cause to believe the respondent has failed to comply with the provisions of this section, the court shall determine whether probable cause exists to believe that the respondent has failed to relinquish all firearms or a concealed carry permit in the respondent's custody, control, or possession. If probable cause exists, the court shall issue a search warrant that states with particularity the places to be searched and the items to be taken into custody.

(II) If a local law enforcement agency elects to store firearms or ammunition for a defendant pursuant to this subsection (8)(g), the law enforcement agency shall not return the firearm or ammunition to the defendant unless the law enforcement agency:
(A) Contacts the bureau to request that a criminal background check of the defendant be performed; and
(B) Obtains approval of the transfer from the bureau after the performance of the criminal background check.
(III) (A) A law enforcement agency that elects to store a firearm or ammunition for a defendant pursuant to this subsection (8) may elect to cease storing the firearm or ammunition. A law enforcement agency that elects to cease storing a firearm or ammunition for a defendant shall notify the defendant of the decision and request that the defendant immediately make arrangements for the transfer of the possession of the firearm or ammunition to the defendant or, if the defendant is prohibited from possessing a firearm, to another person who is legally permitted to possess a firearm.
(B) If a law enforcement agency elects to cease storing a firearm or ammunition for a defendant and notifies the defendant as described in subsection (8)(g)(III)(A) of this section, the law enforcement agency may dispose of the firearm or ammunition if the defendant fails to make arrangements for the transfer of the firearm or ammunition and complete the transfer within ninety days after receiving the notification.
(IV) A law enforcement agency that elects to store a firearm or ammunition shall obtain a search warrant to examine or test the firearm or ammunition or facilitate a criminal investigation if a law enforcement agency has probable cause to believe the firearm or ammunition has been used in the commission of a crime, is stolen, or is contraband. This subsection (8)(g)(IV) does not preclude a law enforcement agency from conducting a routine inspection of the firearm or ammunition prior to accepting the firearm for storage.

(A) From the federally licensed firearms dealer, a written receipt and signed declaration memorializing the transfer, which receipt must be dated and signed by the defendant, the transferee, and the federally licensed firearms dealer; and
(B) From the federally licensed firearms dealer who requests from the bureau a criminal background check of the transferee, as described in section 18-12-112, a written statement of the results of the criminal background check.
(II) The defendant shall not transfer the firearm to a private party living in the same residence as the defendant at the time of the transfer.
(III) Notwithstanding section 18-12-112, if a private party elects to store a firearm for a defendant pursuant to this subsection (8), the private party shall not return the firearm to the defendant unless the private party acquires from the federally licensed firearms dealer, who requests from the bureau a criminal background check of the defendant, a written statement of the results of the criminal background check authorizing the return of the firearm to the defendant.

(A) The failure constitutes a class 2 misdemeanor, and the defendant is punished as provided in section 18-1.3-501; and
(B) The court shall issue a warrant for the defendant's arrest.
(II) In any subsequent prosecution for a violation of this subsection (8)(i), the court shall take judicial notice of the defendant's failure to transfer or sell a firearm, or file the signed declaration or written statement, which constitutes prima facie evidence that the defendant has violated this subsection (8), and testimony of the clerk of the court or the clerk of the court's deputy is not required.

Source: L. 88: Entire part added, p. 732, § 1, effective July 1. L. 89: Entire section R&RE, p. 909, § 2, effective April 4. L. 94: (1) amended and (3) to (6) added, p. 2026, § 2, effective July 1. L. 95: (3) amended, p. 566, § 2, effective July 1. L. 2000: (7) added, p. 1011, § 1, effective July 1; (1)(a) and (1)(b) amended, p. 913, § 2, effective January 1, 2001. L. 2002: (4) and (7) amended, p. 1515, § 200, effective October 1. L. 2009: (1)(a) and (1)(b) amended, (SB 09-292), ch. 369, p. 1948, § 32, effective August 5. L. 2013: (8) added, (SB 13-197), ch. 366, p. 2137, § 5, effective June 5; (4) amended, (HB 13-1156), ch. 336, p. 1957, § 5, effective August 7. L. 2014: (8)(i)(I)(A) amended, (HB 14-1363), ch. 302, p. 1264, § 12, effective May 31. L. 2016: (7) amended, (HB 16-1066), ch. 106, p. 306, § 1, effective July 1. L. 2018: (8)(j)(I) amended, (HB 18-1375), ch. 274, p. 1703, § 27, effective May 29. L. 2021: (8) amended with relocated provisions, (HB 21-1255), ch. 293, p. 1747, § 3, effective June 22.
Editor's note: Subsections (8)(d)(I), (8)(d)(II), and (8)(d)(III) are similar to former § 18-6-801 (8)(b)(I), (8)(b)(II), and (8)(b)(III) as they existed prior to 2021.
Cross references: For the legislative declaration contained in the 2002 act amending subsections (4) and (7), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsection (8), see section 1 of chapter 366, Session Laws of Colorado 2013.