In My State 950 v3 1

A private firearm transfer refers to a sale, gift, loan, or other transfer of a firearm between two not-licensed individuals. Private firearm transfers are common and entirely legal to conduct in Colorado. However, as of July ane, 2013, Colorado police force now requires the majority of private firearm transfers to be facilitated through a dealer with a Federal Firearms License ("FFL"). This commodity is intended to educate members almost the process of conducting a private firearm transfer in Colorado and the numerous exceptions that commonly employ. The process and exceptions for a individual firearm transfer can all be found within C.R.S. § 18-12-112.

UNIVERSAL Background CHECKS IN COLORADO

By and large speaking, earlier whatsoever person who is non a licensed gun dealer transfers or attempts to transfer possession of a firearm to another person, he or she must (i) request that a background check exist conducted of the transferee (the person taking possession of the firearm) by an FFL, and (two) obtain approval for the transfer from the Colorado Bureau of Investigation ("CBI"). Under Colorado law, this procedure must exist facilitated through an FFL licensee.

The first step is to contact an FFL and arrange for that dealer to obtain the background check of the transferee. An FFL who facilitates this process is required to record and retain the records of the transfer in the aforementioned manner every bit they normally would during a sale or transfer of a firearm out of their own inventory. The FFL is required to provide both the transferor and transferee a copy of the groundwork check results, including CBI's approval or disapproval of the transfer. The transferor should retain and preserve a re-create of this paperwork as prove that the transferor complied with Colorado police force.

It is of import to annotation that the transferee is prohibited from accepting possession of the firearm until the groundwork bank check has been completed through an FFL and approval has been obtained from the CBI. One time approval is granted past the CBI, it is valid for xxx days, so the parties must complete the transfer during this window.

Failing to comply with these requirements can result in a number of serious consequences. First, it is a class one criminal misdemeanor, punishable by upwardly to eighteen months imprisonment and/or a $v,000 fine. Additionally, a transferor who violates this law is jointly and severally liable for whatever civil damages proximately caused by the transferee's subsequent use of the firearm. Finally, any criminal confidence for failure to comply with C.R.S. § 18-12-112 will exist reported to the CBI and the National Instant Criminal Groundwork Cheque Organization ("NICS"). As a upshot, that person volition then exist prohibited from possessing a firearm for two years.

Put only, use an FFL to facilitate all private firearm transfers, unless one of the exceptions explained below applies. This is typically a rather straightforward process, and most Colorado-based FFLs are willing and able to assist.

EXCEPTIONS TO THE UNIVERSAL Groundwork CHECK REQUIREMENT

Before discussing the post-obit exceptions, it is of import to understand that it is always unlawful nether federal constabulary to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is prohibited from possessing a firearm. xviii United states of americaC. 922(d). As such, information technology may exist in a transferor's interest to obtain a background check of a transferee, even if one of the following exceptions applies.

An FFL-facilitated groundwork bank check and CBI approval is non required in the following circumstances:

  • A transfer of an antiquarian firearm, or a curio or relic;
  • A transfer that is a bona fide gift or loan between immediate family unit members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, showtime cousins, aunts, and uncles;
  • A transfer that occurs past functioning of law;
  • A transfer that is temporary and occurs while in the home of the transferee if the transferee is not a prohibited person and reasonably believes possession of the firearm is necessary to prevent imminent expiry or serious bodily injury to himself or herself;
  • A temporary transfer at a shooting range, at a target firearm shooting contest, or while hunting, fishing, target shooting, or trapping equally long equally that activity is legal, and the transferee possesses any required license or permit;
  • A transfer to facilitate the repair or maintenance of the firearm;
  • A temporary transfer that occurs while in the continuous presence of the firearm owner;
  • A temporary transfer for no more than 72 hours (however, a transferor may be held jointly and severally liable for whatever unlawful use of the firearm if transferred nether this exception); or
  • A transfer to an immediate family fellow member by a member of the U.S. armed forces who will deploy outside of the U.South. within the following 30 days.

The most common exception listed above is a transfer betwixt immediate family members. Remember, though, under this exception, the transfer must exist a bona fide gift or loan and cannot be a firearm sale. In other words, if the person transferring the firearm receives annihilation of value in substitution for the firearm, even if the sale is among immediate family members, the transfer must yet exist conducted through an FFL.

FEDERAL LEGISLATION

Colorado'southward universal groundwork check law is far more than restrictive than current federal law relating to individual firearm transfers. Under federal law, no background check is required for transfers between residents of the same state. Yet, that may modify. H.R. 8, titled the "Bipartisan Groundwork Checks Human activity of 2021," passed the U.Southward. House of Representatives on March 11, 2021, and is now earlier the U.South. Senate for debate. At this time, nosotros do not know what the final version of this bill may look like if it were to pass the Senate and exist signed into law. Information technology could be more broad or even more narrow than Colorado'due south universal background bank check law—or it may not pass at all. We are closely monitoring this and other firearm-related bills as they make their way through the legislative process and volition provide updates equally advisable.

If y'all have any further questions near Colorado laws related to private firearm transfers, call U.Due south. LawShield and ask to speak to your Independent Program Attorney.

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The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not exist quoted or referred to in whatsoever other publication without the prior written consent of U.Southward. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the communication or representation of a licensed attorney. We strive to ensure the information included in this publication is authentic and electric current, however, no merits is fabricated to the accuracy of the information and we are not responsible for whatsoever consequences that may result from the utilise of information in this publication. The apply of this publication does non create an attorney-client relationship between U.Southward. LawShield, any independent programme attorney, and whatsoever individual.