Colorado State Archives

Executive Orders from the Administration of Governor Bill Owens 1999-2005

OWENS SIGNS CBI BACKGROUND CHECK BILL

 DENVER – Governor Bill Owens today signed Senate Bill 125, which reinstates the Colorado Bureau of Investigation (CBI) as the "Point of Contact" for the Federal Bureau of Investigation (FBI) background checks when individuals purchase firearms. The much more thorough CBI database will include up-to-date information on restraining orders and criminal history that is not included in the National Instant Criminal Background Check Program database.

The legislation gives the CBI the authority to approve or deny gun purchases if an individual has a felony conviction, a misdemeanor conviction for domestic violence, or if the individual is the subject of a felony indictment or information.

"I applaud the Legislature for adopting this bill which will help in preventing individuals who are prohibited by law from obtaining firearms," said Gov. Owens during a news conference today. "In signing this piece of legislation, I hope to prevent future tragedies such as the tragic deaths of the three Gonzales children last summer. If the CBI Insta-Check Program had been in place, it would have denied that purchase of a firearm by the father."

As a result of the tragedy, the Governor in August signed an executive order temporarily reinstating the State’s Insta-Check program until April 2000. From August 1, 1999 through February 29, 2000, the CBI conducted 98,168 Insta-Check transactions (a transaction can be more than one firearm). During that same period, the CBI denied 1,409 transactions that would have been approved by the FBI if the Governor hadn’t reinstated the state program.

From April 1, 1999 through July 31, 1999, (when the FBI was administering the Colorado Insta-Check Program) 67 transactions occurred in Colorado where persons prohibited under federal or state law were allowed to obtain a gun.

Senate Bill 125 puts the burden of proof on the prospective gun buyer to submit disposition information if the record shows there is an arrest but no final outcome.

Prior to SB 125, the federal Brady law would have required that background checks must be completed within three business days or the transfer would take effect, placing the burden on the Bureau of Alcohol, Tobacco and Firearms and public safety officials who would be required to retrieve these guns from convicted criminals.

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