PDA

View Full Version : Is a Silencer a Firearm by Colorado Law?



SAnd
08-04-2013, 17:08
My understanding is that a Silencer is not a Firearm under federal law. Is it defined under Colorado law as Firearm? I couldn't find anything in a brief search the Colorado laws. My search abilities for legal stuff stinks though.

If it isn't a Firearm does that mean we don't have to comply with the 1229 crap when tranfering a Silencer?

I was just reading a thread over at the Subguns NFA Discussion board about doing a Silencer transfers with out needing to be Face-to-Face. If there was a Colorado dealer that was willing to do that it might help some folks out that don't live in the crowded parts of the state.

[Dunno]

Have a Good Day Everybody.

Great-Kazoo
08-04-2013, 20:12
WHY? 1224 has nothing to do with a in state Person - Person NFA transfer.
Pay a dealer to transfer an instate deal. Wait another 3 months minimum for it to go from you to the FFL. If i received ATF approval for a suppressor i have, i'm heavily insuring it and doing overnight svc to the new owner, in state.

SAnd
08-04-2013, 22:36
No, I don't want to involve a FFL in an in state Person to Person NFA transfer.

Silencers are included in the National Firearms Act. In some ways silencers are treated the same as firearms under federal law. I just wanted to confirm that some other state law doesn't define a silencer in such a way that House Bill 13-1229 would some how include silencers. The way I read it 1229 doesn't exempt NFA firearms from the background checks now required for non-NFA guns.

Circuits
08-06-2013, 11:51
CRS 18-1-901 (Criminal code general definitions) defines "firearm" as follows:
(h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Thus, a firearm silencer is not a firearm under Colorado statute. My reading of that is that CRS 18-12-112 provisions relating to transfer of a firearm therefore do not apply to the transfer of a silencer/suppressor, and you've just got to follow the applicable federal laws. Colorado law does separately define a firearm silencer as a type of "dangerous weapon" for which a license or permit is required (CRS-18-12-102(5)) - so the tax stamp/registration is necessary.

SBR/SBS/MG/AOW are firearms under both federal and state law, so would apply.

SAnd
08-06-2013, 13:07
CRS 18-1-901 (Criminal code general definitions) defines "firearm" as follows:
(h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Thus, a firearm silencer is not a firearm under Colorado statute. My reading of that is that CRS 18-12-112 provisions relating to transfer of a firearm therefore do not apply to the transfer of a silencer/suppressor, and you've just got to follow the applicable federal laws. Colorado law does separately define a firearm silencer as a type of "dangerous weapon" for which a license or permit is required (CRS-18-12-102(5)) - so the tax stamp/registration is necessary.

SBR/SBS/MG/AOW are firearms under both federal and state law, so would apply.

Thank you for the reply. I couldn't find that the other day. I was hoping it was that way.