COLJI-Crim. 12-1:37

The elements of the crime of noncompliance by a licensed gun dealer

performing a background check for a prospective firearm transferor who is

not a licensed gun dealer are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. was a licensed gun dealer, and

4. obtained a background check on a prospective transferee, for a

prospective firearm transferor who was not a licensed gun

dealer, and

5. failed to [record the transfer [insert a description of the

recording requirement from section 18-12-402] and retain the

records [insert a description of the retention requirement from

section 18-12-403] in the same manner as when conducting a

sale, rental, or exchange at retail] [comply with [insert a

description of the relevant state or federal laws, including 18

U.S.C. § 922] as if he [she] were transferring the firearm from

his [her] inventory to the prospective transferee].

[6. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of noncompliance by a licensed gun dealer

performing a background check for a prospective firearm transferor who is

not a licensed gun dealer.

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of noncompliance by a licensed

gun dealer performing a background check for a prospective firearm

transferor who is not a licensed gun dealer.