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Part 4. Firearms - Dealers

§ 18-12-401. Definitions

As used in this part 4, unless the context otherwise requires:
(1)
(a) “Firearms” means a pistol, revolver, or other weapon of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.
(b) “Firearms” does not include firearms, as defined in subsection (1)(a) of this section, for which ammunition is not sold or which there is reasonable ground for believing are not capable of being effectually used.

§ 18-12-402. Retail dealers - record - inspection

Every individual, firm, or corporation engaged, within this state, in the retail sale, rental, or exchange of firearms, pistols, or revolvers shall keep a record of each pistol or revolver sold, rented, or exchanged at retail. The record must be made at the time of the transaction in a book kept for that purpose and must include the name of the person to whom the pistol or revolver is sold or rented or with whom exchanged; his or her age, occupation, residence, and, if residing in a city, the street and number therein where he or she resides; the make, caliber, and finish of said pistol or revolver, together with its number and serial letter, if any; the date of the sale, rental, or exchange of said pistol or revolver; and the name of the employee or other person making such sale, rental, or exchange. The record book shall be open at all times to the inspection of any duly authorized police officer.

§ 18-12-403. Record - failure to make - penalty

[This version of this section is effective until March 1, 2022.] Every individual, firm, or corporation who fails to keep the record provided for in section 18-12-402 or who refuses to exhibit such record when requested by a police officer and any purchaser, lessee, or exchanger of a pistol or revolver who, in connection with the making of such record, gives false information is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [This version of this section is effective March 1, 2022.] Every individual, firm, or corporation who fails to keep the record provided for in section 18-12-402 or who refuses to exhibit such record when requested by a police officer and any purchaser, lessee, or exchanger of a pistol or revolver who, in connection with the making of such record, gives false information commits a class 2 misdemeanor.

§ 18-12-404. Jurisdiction - county courts

County courts, within their respective counties, have jurisdiction to hear and determine all cases arising under the provisions of this part 4, and appeal from judgment is to the district courts in the respective counties in the same manner as is now provided by law for appeals from judgments of the county courts in the cases of misdemeanors.

§ 18-12-405. Locking device required - penalty

(1)
(a) Every licensed gun dealer, as defined in section 18-12-506, shall provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm.
(b) This subsection (1) does not apply to the transfer of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.
(2) Every licensed gun dealer shall post, in a conspicuous location on its premises and at any other location at which the dealer sells a firearm, either the notice developed as part of the firearms safe storage education campaign described in section 25-1-131 (2) or the following notice, in writing, on a printed card, with each letter at a minimum of one inch in height:
NOTICE
Unlawful storage of a firearm may result in imprisonment or fine.
(3) A licensed gun dealer that violates this section is guilty of an unclassified misdemeanor punishable by a fine of not more than five hundred dollars.

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