THIS PAGE IS FOR OFFICIAL LAW ENFORCEMENT AGENCY USE ONLY:
LEA ERPO Guidance (09/03/20)
Law enforcement agencies are statutorily required to return firearms at the end of an Extreme Risk Protection Order (ERPO) within three days only after confirming, through a criminal history record check pursuant to 24-33.5-424 the respondent’s eligibility to own or possess a firearm. To ensure response to requests from law enforcement agencies for the return of firearms background checks pursuant to the termination or expiration of an ERPO, the CBI InstaCheck Unit has designated a special ERPO communications workflow.
We request that an advisory email be sent to the Unit at CDPS.InstaCheck.ERPO@state.co.us. This email will go to our supervisory group who will then pull the background check request from CCIC.
It is imperative that the subject line in the email follow the following format:
(NAME OF LEA) ERPO Firearms Return Request
The body of the ERPO email must contain the following information
- Name of Respondent
- Date of Birth of Respondent
- Date RERC was submitted
By adhering to this workflow, the Unit will be able to identify ERPO firearms return requests and process and return them to the LEA quickly and within the statutorily mandated deadline pursuant to C.R.S. 13-14.5-109.
Be advised that the RERC form is still the submission method for this type of activity. Please follow the standard LEA Disposition of Firearms/Evidence Returns format as outlined below.
Please call 303-813-5700, option 5, with any questions.
- Disposition of Firearms (DOF)/ LEA Evidence Return Background Checks
The Colorado Bureau of Investigation (CBI) Firearms InstaCheck Unit is responsible for conducting background checks relating to the purchase, possession, and or transfer of firearms in Colorado. InstaCheck serves as the Federal Bureau of Investigation (FBI) National Instant Criminal Background Check System (NICS) state point of contact (POC) for this process.
Access to the FBI NICS Index for purposes unrelated to NICS background checks required by the Brady Act pursuant to 18 U.S.C. 922(t) are limited to uses for the purposes of:
- (1) Providing information to Federal, state, tribal, or local criminal justice agencies in connection with the issuance of a firearm-related or explosives-related permit or license, including permits or licenses to possess, acquire, or transfer a firearm, or to carry a concealed firearm, or to import, manufacture, deal in, or purchase explosives;
- (2) Responding to an inquiry from the Bureau of Alcohol, Tobacco, Firearms, and Explosives in connection with a civil or criminal law enforcement activity relating to the Gun Control Act (18 U.S.C. Chapter 44) or the National Firearms Act (26 U.S.C. Chapter 53); or,
The sole purpose of these Disposition Of Firearms (DOF) background checks are to ensure that the individual receiving the firearm is not prohibited from possessing a firearm pursuant to state and/or federal law. The Colorado Bureau of Investigation Firearms InstaCheck Unit, serving as the Point of Contact (POC) for the FBI NICS, shall be responsible for processing Disposition Of Firearm (DOF) background checks on behalf of Colorado’s Law Enforcement Agencies.
*EFFECTIVE JANUARY 20, 2015, the FBI amended 28 CFR 25.6(j) in order to authorize Federal, state, tribal or local criminal justice agencies access to the FBI NICS for the purpose of Disposing Of Firearms (DOF) in the possession of criminal justice agencies.
*EFFECTIVE January 2023, the NBLU and ATF clarify that DOF agencies (law enforcement agencies in general) may not legally transfer a firearm to an individual who is not a resident of the state the agency is located in (see 18 U.S.C. 922(a)(5)). The ATF advised there are two options available when a LEA has a firearm in their possession and the potential firearm transferee is not a resident of the DOF agency’s state:
1.) Transfer the non resident firearm(s) to a federal firearms licensee (FFL) in the potential transferee’s state of residence
2.) Transfer the non resident firearm(s) to a law enforcement agency in the potential transferee’s state of residence.
- Disposition of Firearms (DOF)/ LEA Evidence Return Procedure
Submission of a Disposition Of Firearms (DOF)/ LEA Evidence Return Background Check: Colorado Residents Only
The entire process is conducted through the CCIC system.Prior to using the RERC form in CCIC, you will need to perform the following:
- 1. Close out of CCIC Messenger and clear the Java cache, for step by instructions on how to clear the Java Cache.
- 2. In CCIC, click on Options ->click on Refresh Presentation Styles. This will ensure that your forms in CCIC are current.
- 3. To clear the CPI CCIC cache, please go to C:\\CPI\Desktop. You will see a folder called Cache. Please delete that folder.
REQUEST IS REJECTED AS NOTED IN THE COMMENTS (FIELD)
REJECTED COMMENTS/(Explanation/Reasons why the background check cannot be completed)
- ELIGIBLE: Based on a search of the CCIC, NCIC, III, NICS and Colorado Court System (PAS), LAST, FIRST, MIDDLE, DOB DD/MM/YYYY is ELIGIBLE to own and/or possess firearms at this time.
- INELIGIBLE: Based on a search of the CCIC, NCIC, III, NICS and Colorado Court System (PAS), LAST Name, FIRST Name, MIDDLE Name, DOB DD/MM/YYYY is INELIGIBLE to own and/or possess firearms at this time due to: (Information serving as a basis for the Ineligible determination will be provided in this section)
- AUTO REJECT(S):
- DOR REJECT - NO RECORD FOUND - VERIFY DL NUMBER
- The DL number is not on file with DOR.
- DOR REJECT - Validate DL: EXPIRATION
- The DL is expired.
- DOR REJECT - Validate DL: ,DOB
- The date of birth does not match the DL
- DOR REJECT - Validate DL: ,NAME
- The name does not match the DL
- DOR REJECT - Validate DL: ,SEX
- The sex does not match the DL
- DOR REJECT - NO RECORD FOUND - VERIFY DL NUMBER
- ATTENTION: RQR/(Name of Requestor)
NAM/(Name of Subject)
ADR/1881 PIERCE ST
CIS/LAKEWOOD, IL ZIP/80214
- NICS Purpose Code – use the drop down menu enter the type of firearm being returned:
- Long Gun
- Agency Case Number – enter the case number recorded for the return of the weapon.
- Name – enter the Last, First and Middle name of the subject. The name will be compared with the DMV records and the check will be rejected if the first and last names do not match what appears in the DMV record.
- Date of Birth – enter the year, month and day. This entry will be verified with the DMV file and the request will be rejected if it does not match.
- Sex – use the drop down menu to enter the subject’s gender
- Race – use the drop down menu to enter the subject’s race
- Social Security # - this is not a required field and the entry is not compared to DMV files for accuracy. It is recommended that the social security number be entered to enhance the accuracy of the background check.
- Place of Birth – use the drop down menu to enter the subject’s place of birth
- Driver’s License Number – enter the driver’s license or state ID number. (must be a Colorado Resident)
- Be Advised: If the subject does not have a Driver’s License or Identification Card and is using some other form of State or Government issued photo identification, then CBI will be unable to process the background check request.
- Driver’s License State – enter the state of issue for the driver’s license or state ID. (must be a Colorado Resident)
- Citizen – enter Yes or No from the drop down menu. If the subject is NOT a U.S. citizen, a valid nine-digit Alien Registration number or valid eleven digit I-94 Admission number must be entered in the Alien Registration Number field.
- Address - enter the subject’s current address. (must be a Colorado Resident)
- City - enter the city
- Zip – enter the zip code
- State – enter the state
- Name of the Requestor - enter your name
- Requestor Phone – enter your contact number
- Click Submit.
- The requesting LEA will complete and send the Request Evidence Return Check (RERC) form in CCIC.
- The CBI Firearms InstaCheck Unit will receive, process and send back the firearm eligibility results to the requesting LEA’s TID though the CCIC system.
- Appealing An Ineligible Determination
If the CBI Firearms InstaCheck Unit determines if a Colorado Resident is Ineligible to own and/or possess firearms being held by a Law Enforcement Agency, then they have the right to appeal that decision. The CBI Firearms InstaCheck Appeals Unit works with individuals who are Ineligible to legally retrieve a firearm being held by a Law Enforcement Agency and appeal to the CBI Firearms InstaCheck Unit for reconsideration. The reason(s) for the ineligible determination cannot be disclosed over the telephone, nor are appeals processed in person. In order to appeal an Ineligible determination, a person MUST submit their intent to appeal in writing. Appeal of Disposition Of Firearms/Evidence Return. The Appeals Section, upon receiving the appeal, will review the ineligible determination, rerun the background check if necessary and return a response to the appellant in writing when the appeal has been completed. In many cases, the Appeals Section is able to overturn the Ineligible determination based on additional information provided by the appellant or obtained by the CBI as a result of the appeals process. Additionally, the Appeals Section has been able to work with the appellant to correct or update erroneous or missing information from their record. This may not only result in a reversal of the Ineligible status, but assist in the correction of information which could otherwise have a negative impact on things such as professional licensing, housing, and employment.