February 16, 1994 OPEN LETTER TO ALL COLORADO FEDERAL FIREARMS LICENSEES: I. Implementation of the Brady law: In a previous open letter, you were advised that Federal firearms licensees in Colorado would be subject to the Brady law which, effective on February 28, 1994, imposes a 5-day waiting period on licensees' sales of handguns to nonlicensees. Under the Brady law, the waiting period requirements are applicable unless State law imposes a requirement that handgun purchasers must undergo a background check. We are informed that legislation is pending in the Colorado legislature entitled the "Instant Criminal Background Check Systems Act" which would establish a system subjecting handgun purchasers to a background check. Therefore, if this law is enacted and effective on February 28, 1994, handgun sales made in compliance with the State background check system will not be subject to the Federal 5-day waiting period. Regulations will, however, require licensees to maintain records showing that sales were made in compliance with the State system. If this legislation is not enacted and in effect on February 28, 1994, licensees' handgun sales to nonlicensees will be subject to the Federal 5-day waiting period. Enclosed is material from the Colorado Department of Public Safety regarding the implementation of the Instant Criminal Background Check System Act. II. Reporting multiple sales of handguns. The new law also requires you to report to ATF and to the Colorado Bureau of Investigation ATT: Handguns, 690 Kipling Street, Suite 3000, Denver, Colorado 80215, the disposition of 2 or more handguns within 5 consecutive business days to a nonlicensee. These reports are to be made on ATF Form 3310.4, Report of Multiple Sale or Disposition of Pistols and Revolvers, and sent no later than the close of business on the day the multiple sale or other disposition occurs. In reporting to the State, send copy 2 of the 11/92 edition of the form or copy 3 of the 1/94 edition to the Colorado Bureau of Investigation. The report to ATF must be sent on copy 1 of the 11/92 edition or copies 1 and 2 of the 1/94 edition. For further information, contact your local ATF office or the Firearms and Explosives Division at (202) 927-8300. John W. Magaw Director Enclosure