Colorado § 18-12-401 - Definitions.

§ 18-12-401. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) "Dealer" means:

(a) A federally licensed firearm dealer as defined in section 18-12-101; and

(b) Any other federal firearms licensee who, within the scope of the licensee's license, sells firearms at retail to the public or transfers firearms to members of the public as part of a retail transaction, including a sale or transfer conducted by the licensee pursuant to section 18-12-112, 18-12-112.5, or 18-12-506.

(2) "Department" means the department of revenue created pursuant to section 24-35-101.

(3) "Destructive device" has the same meaning set forth in 18 U.S.C. sec. 921 (a)(4).

(3.5) (a) "Employee" means an employee of a dealer who, in the course of the employee's duties, handles firearms; processes the sale, loan, or transfer of firearms; or otherwise has access to firearms under the dealer's control.

(b) "Employee" includes an individual, including an independent contractor under the terms of a contract with a dealer, who engages in the conduct described in subsection (3.5)(a) of this section, whether paid or unpaid.

(c) "Employee" does not include an individual who does not have authority to unlock the dealer's firearm storage rooms, containers, cases, or other devices used to secure the dealer's firearms in a manner that prevents unauthorized use of the firearms.

(4) "Engaged in the business" has the same meaning set forth in 18 U.S.C. sec. 921 (a)(21) and any federal regulations promulgated thereunder.

(5) "Federal firearms license" means a license to import, manufacture, or deal in firearms issued pursuant to 18 U.S.C. sec. 923.

(5.4) "Large-capacity magazine" has the meaning set forth in section 18-12-301.

(5.7) "Responsible person" has the meaning set forth in 27 CFR 478.11.

(6) "State permit" means the state firearms dealer permit required pursuant to section 18-12-401.5.

(7) "Transfer" has the meaning set forth in section 24-33.5-424 (1)(d).

Source: L. 2018: Entire part added with relocations, (SB 18-032), ch. 8, p. 150, § 4, effective October 1. L. 2024: Entire section amended, (HB 24-1353), ch. 492, p. 3448, § 1, effective June 7. L. 2026: (1) amended and (3.5), (5.4), (5.7), and (7) added, (HB 26-1126), ch. 324, p. 1883, § 1, effective June 2.

Editor's note: This section is similar to former § 12-26-101 as it existed prior to 2018.

ANNOTATION

Law reviews. For article on martial law in Colorado, see 5 Den. B. Ass'n Rec. 10 (No. 219).

The definition of firearms in this section, which regulates the sale of firearms, is limited by its terms to matters relating to the sale of firearms and is not applicable to the concealed weapons statute. Cokley v. People, 168 Colo. 280, 450 P.2d 1013 (1969) (decided prior to 2018 amendments relocating article 26 of title 12 to this title).