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Crow Reintroduces the Closing the Loophole on Interstate Firearm Sales Act

February 1, 2021

Common-sense Legislation Would Close the ‘Colorado Loophole’ on Out-of-State Gun Sales

WASHINGTON - Today, Congressman Jason Crow (CO-06) introduced the Closing the Loophole on Interstate Firearm Sales Act (Colorado Loophole Act), common-sense legislation that would close the loophole that allows certain gun purchasers to immediately obtain rifles and shotguns when traveling out-of-state.

"Almost two years ago, children and families across our state were terrorized by the threat of yet another mass shooting, a tragedy that is all too familiar in Colorado. This threat could have been prevented by treating shotguns and rifles the same way we treat handguns," said Congressman Jason Crow. "Common-sense gun safety efforts like the Colorado Loophole Act will make us safer by eliminating confusion among gun sellers and creating consistency across the board."

Under current law, a federal firearms licensee (FFL) may not sell or transfer a firearm directly to an out-of-state buyer or transferee. Instead, the seller may ship a firearm to an FFL in the buyer or transferee's home state. The receiving FFL must then conduct a background check. As written, the law only applies to handguns because it includes an exception for long guns and shotguns. For these, the law stipulates that individuals can purchase a long gun or a shotgun outside their state of residence if the transaction is in-person and it complies with the laws in both the home state of the buyer and the state in which the seller is located.

Crow first introduced the Colorado Loophole Act in May 2019, a month after a woman from Florida who was obsessed with the Columbine tragedy arrived in Colorado, purchased a shotgun, and caused a nationwide panic. Hundreds of thousands of children in Colorado were forced to stay home from school. Many parents stayed home with their children, unable to go to work. Families across the state were forced to grapple with an impossible conversation about gun violence in this country.

While the Colorado-based dealer properly conducted and completed a background check, they were not aware of Florida's prohibition on gun sales to individuals under the age of 21. The Colorado Loophole Act would delete the existing exception for long guns and shotguns and simplify these transactions by removing the onus from sellers to know the firearms laws in all 50 states. If enacted, out-of-state travelers may purchase long guns and shotguns as they wish – they just first must be shipped to an in-state FFL to conduct a background check.

Click here for the full bill text of the Colorado Loophole Act.