Concealed Handgun Instructors

Relevant Portions of Colorado Revised Statutes (HB24-1174)

C.R.S. 18-12-202. Definitions

(3.5) "Concealed Handgun Training Class” means a concealed handgun training class as described in section 18-12-202.5 and does not include a refresher class

(6.5) "Refresher Class" means a concealed handgun refresher class as described in section 18-12-202.5 (4).

(8) "Training Certificate" means a certificate issued by a Verified Instructor who conducts a concealed handgun training class or a refresher class that evidences an applicant's successful completion of the class requirements.

(9) "Verified Instructor" means an instructor for a firearms safety course verified as a firearms instructor by a sheriff pursuant to section 18-12-202.7.

C.R.S. 18-12-202.5. Concealed Handgun Training Class - Refresher Class - Rules

(1) A concealed handgun training class is any of the following:

(a) A law enforcement training firearms safety course; or

(b) a firearms safety course taught by a verified instructor and offered by a law enforcement agency; an institution of higher education; or a public or private institution, organization, or firearms training school, that is open to the general public and is taught by a verified instructor.

(2) A concealed handgun training class must be held in person with the instructor of the class at the same location as the students, and no part of the class may be conducted via the internet. A concealed handgun training class must provide a minimum of eight hours of instruction, including the live-fire shooting exercise described in subsection (3)(g) of this section and the written concealed handgun competency exam described in subsection (3)(h) of this section. The eight hours of instruction in a course do not need to be consecutive.

(3) A concealed handgun training class must include the following elements:

(a) Instruction regarding knowledge and safe handling of firearms and ammunition;

(b) Instruction regarding safe storage of firearms and child safety;

(c) Instruction regarding safe firearms shooting fundamentals;

(d) Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms, including instruction on extreme risk protection orders described in article 14.5 of title 13, requirements for reporting lost or stolen firearms described in section 18-12-113, secure firearms storage requirements described in section 18-12-114, and any other state law enacted within five years before the class that pertains to the purchase, ownership, transportation, use, and possession of firearms;

(e) Instruction regarding state law pertaining to the use of deadly force for self-defense;

(e.5) Instruction regarding best practices to ensure concealed handgun permit holders safely interact with law enforcement personnel who are responding to an emergency;

(f) Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution and judgmental use of lethal force;

(g) A requirement that a student achieve a minimum seventy percent accuracy score, as determined by the instructor, in a live-fire shooting exercise conducted on a range, which requires discharging at least fifty rounds of ammunition and which does not need to be conducted in a single day; and

(h) A requirement that a student achieve a passing score of at least eighty percent on a written concealed handgun competency exam that tests a student's knowledge of the subjects described in subsections (3)(a) to (3)(f) of this section. The exam must be administered as an open book exam.

(4)(a) A concealed handgun refresher class requires a student to demonstrate safety and competence with a handgun. A refresher class must be taught by a verified instructor and must include instruction on changes to federal and state laws related to firearms enacted within five years before the refresher class; a live-fire shooting exercise conducted on a range, which requires discharging at least fifty rounds of ammunition; and a written concealed handgun competency exam that tests a student's knowledge of the subjects described in subsections (3)(a) to (3)(f) of this section.

(b) A refresher class must be held in person with the instructor of the class at the same location as the students, and no part of the class may be conducted via the internet. A refresher class must include at least two hours of instruction, including the live-fire exercise and the written exam. In order to complete a refresher class, a student must achieve a minimum seventy percent accuracy score, as determined by the instructor, in the live-fire shooting exercise and a passing score of at least eighty percent on the written exam. The exam must be administered as an open book exam.

(c) A training certificate issued for the completion of a refresher class is valid for renewal of a permit to carry a concealed handgun pursuant to section 18-12-211 but is not valid for an initial application for a permit to carry a concealed handgun pursuant to section 18-12-203 (1)(h)(VI).

(5) A verified instructor shall provide a training certificate that includes the printed name and original signature of the class instructor to any student who completes a concealed handgun training class or a refresher class so that the student may submit the certificate to a sheriff as part of an initial application for, or an application for renewal of, a permit to carry a concealed handgun. The training certificate must clearly indicate whether the student completed a concealed handgun training class or a refresher class.

(6) A concealed handgun training class and a refresher class is subject to the requirements of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. Sec. 12101 et seq.

C.R.S. 18-12-202.7. Concealed Handgun Training Class – Instructor Verification

(1) Each sheriff shall verify as a firearms instructor a person whose principal place to conduct firearms training is in the sheriff's county and who:

(a) Satisfies the requirements for verification described in this section; and

(b) Pays any fee required pursuant to subsection (5) of this section.

(2) To become a verified instructor, an applicant must:

(a) Hold a valid permit to carry a concealed handgun issued pursuant this part 2 that is not a temporary emergency permit issued pursuant to section 18-12-209; and

(b) Be certified as a firearms instructor by one of the following entities that has instructors certified by a nationally recognized organization that customarily offers firearms training:

(I) A federal, state, county, or municipal law enforcement agency;

(II) A college or university;

(III) A nationally recognized organization that customarily offers firearms training; or

(IV) A firearms training school.

(3)(a) An instructor verification issued pursuant to this section is valid for ten years  and may be renewed at any time prior to expiration.

(b) A sheriff shall issue evidence of verification to a verified instructor. The evidence of verification must include the date of expiration of the verification.

(c) Each sheriff shall maintain a record of firearms instructors verified by the sheriff and shall post a list of verified instructors on the sheriff's website. The list must include the expiration date of an instructor's verification.

(4)(a) A sheriff shall revoke a verification issued pursuant to this section if the verified instructor ceases to meet the requirements for verification.

(b) A sheriff may revoke or suspend a verification issued pursuant to this section if the verified instructor provides instruction in a concealed handgun training class or refresher class that fails to meet the requirements for the class pursuant to this part 2 and that results in the issuance of a training certificate. A person who has had a verification suspended pursuant to this subsection (4)(b) may apply for reinstatement no earlier than thirty days following suspension.

(c) If a sheriff denies a person's application for verification as a firearms instructor or suspends or revokes a person's firearms instructor verification, the sheriff shall notify the person in writing. The notice must state the grounds for denial, suspension, or revocation and inform the person of the right to seek judicial review pursuant to section 18-12-207.

(5) A sheriff may establish and impose a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing verifications pursuant to this section.

C.R.S. 18-12-207. Judicial Review - Permit Denial - Permit Suspension - Permit Revocation - Denial, Suspension, or Revocation of Instructor Verification

(3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to subsection (1) of this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriffs determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.

(4) (a) If a sheriff denies a person's application for verification as a firearms instructor or suspends or revokes a person's firearms instructor verification, the person may seek judicial review of the sheriff's decision. The procedure and timelines described in subsection (2) of this section apply to judicial review of a sheriff's decision pursuant to this subsection (4).

(b) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this subsection (4), the sheriff has the burden of proving by a preponderance of the evidence that the person does not meet the requirements to be verified as a firearms instructor or satisfies the criteria for suspension or revocation of a firearms instructor verification.