Colorado Bureau of Investigation Firearms InstaCheck Unit Operating Hours
Summary
HB1302 changes how the Colorado Bureau of Investigation (CBI) operates its firearms background check unit, known as InstaCheck. Under current law, CBI must keep the service open at least 12 hours a day every day except Thanksgiving and Christmas. The bill removes that fixed-hours mandate and instead lets the bureau set operating hours that best fit its business needs, while still requiring it to accept and process firearm background check requests and transmit them to the National Instant Criminal Background Check System (NICS).
The bill also adds direction that CBI must immediately place background check requests into the processing queue regardless of the firearm waiting period, and it clarifies that the three-day waiting period for firearm delivery begins when a licensed dealer initiates the background check. In addition, CBI would have to submit an annual report to the House and Senate judiciary committees on processing times, operating-hour changes, outages or disruptions, and steps taken to improve access and efficiency. The act would take effect after the standard referendum period unless referred to voters.
Impact
HB1302 amends Colorado Revised Statutes section 24-33.5-424, which governs the state point of contact for NICS background checks, firearm transfer denials, appeals, rulemaking, and the instant criminal background check cash fund. The bill shifts operational discretion from statute to the CBI director or designee, allowing the bureau to adjust staffing and hours based on workload and business needs rather than a fixed daily schedule. It also reinforces the relationship between background check processing and the separate firearm waiting-period law in section 18-12-115, and adds a new annual reporting requirement to legislative oversight committees.
Sentiment
The overall sentiment appears generally supportive, especially among sponsors and the majority that advanced the bill through the House and Senate. The legislative declaration frames the change as a modernization measure made possible by the 2023 waiting-period law, with the goal of improving efficiency and reducing unnecessary staffing costs while maintaining timely service. The bill passed third reading in both chambers, though with some opposition, indicating that it was not unanimous and that concerns remained among some legislators.
Contention
The main point of contention is whether CBI should retain a statutory minimum-hours requirement for firearm background checks or be allowed to set hours internally. Supporters argue that the 3-day waiting period reduces the need for immediate, fixed-hour service and that flexible scheduling will improve efficiency and lower costs. Opponents appear to have been concerned about access, predictability, and whether reduced operating hours could delay background checks or create barriers for firearm purchasers and dealers. The added reporting requirement suggests lawmakers also wanted ongoing oversight of any operational changes.