Repeal Restrictions on Rifle and Shotgun Purchases/Sales Signed into Law

[Robb]

http://www.nraila.org/legislation/state-legislation/2014/5/colorado-bill-repealing-restrictions-on-rifle-and-shotgun-purchases-sales-signed-into-law.aspx

Last Friday, May 2, Senate Bill 135 was signed into law by Governor John Hickenlooper (D). SB 135 enacts a long-overdue alignment of Colorado with forty-two other states that allow their residents to purchase rifles and shotguns in non-contiguous states, provided the purchase or transfer complies with state and federal law. SB 135 takes effect on August 6, 2014.

SB 135, sponsored by state Senator Greg Brophy (R-1), repeals restrictions in state law relating to the purchase and sale of rifles and shotguns in non-contiguous states, and will permit the purchase and sale of firearms in states not bordering Colorado by both residents and non-residents. SB 135 is an important pro-gun reform which repeals outdated restrictions, providing Colorado residents the freedom to purchase long guns in states beyond their immediate borders.

Your NRA thanks Senator Brophy for championing this bill, and countless NRA members across Colorado for their unwavering support and commitment to the Second Amendment.

While this legislation is a step in the right direction, critical reforms are still needed after last year’s egregious anti-gun laws were passed, making this election year one of the most important in years. Know that your NRA-ILA is standing guard and will continue to update you as the legislative session progresses and as the 2014 election approaches. Please stay tuned to your e-mail inbox and www.nraila.org for further updates.

[MarkCO]

Thanks for posting that. I must have missed it mixed in with all the junk in my email folder.

[Ranger353]

So what does this mean exactly? Can I drive up to Wyoming and buy a rifle and bring it home to Colorado legally?

[crays]

So what does this mean exactly? Can I drive up to Wyoming and buy a rifle and bring it home to Colorado legally?

You always could. Just not a handgun.

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[mindfold]

You could always do that. But now you can go to Michigan and buy one and bring it back.

[davsel]

Don't you still have to pass a CBI check though?

[Great-Kazoo]

Don't you still have to pass a CBI check though?

4473. depends which way the state you purchase in does theirs. Not every state uses their BI but directly to the NCIC / feds

[davsel]

4473. depends which way the state you purchase in does theirs. Not every state uses their BI but directly to the NCIC / feds
Either way, there's paperwork involved. Correct?

[USMC88-93]

Before you still could buy one but it had to be transfered to a Colorado FFL where you then had to do the background checks (you couldn't take direct possession of it). Apparently this will now allow for direct purchase and possession in non contiguous states. My question would now be what abouit AR-15's that have 30 round magazines. Can I legally buy one in those states since they are legal there or is it illegal for a Colorado resident to purchase such a rifle in another state. I have seen how the Cabellas in Nebraska have "Colorado resident rifles" and everything else is off limits.

[crays]

Before you still could buy one but it had to be transfered to a Colorado FFL where you then had to do the background checks (you couldn't take direct possession of it). Apparently this will now allow for direct purchase and possession in non contiguous states. My question would now be what abouit AR-15's that have 30 round magazines. Can I legally buy one in those states since they are legal there or is it illegal for a Colorado resident to purchase such a rifle in another state. I have seen how the Cabellas in Nebraska have "Colorado resident rifles" and everything else is off limits.

Contiguous states allowed for purchase of long guns through their standard procedure. Handguns had to shipped to FFL.
This pertains to in-person purchase. Perhaps you are referencing online purchase? Store policy and certain quirky other-state laws may have been a factor in some peoples' experiences. Regarding 15+ round magazines, see the previous sentence, particularly since our new legislation went into effect. Everyone is going to cover their butts on that part.
My interpretation of that legislation that in is not legal to bring the 30rd mag home with you, even if they did include it with your purchase. I will state that I have not head the new law referenced above. So, legal to purchase the rifle and bring it home, but still constrained by mag limit law.

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[crays]

Either way, there's paperwork involved. Correct?

At the time/point of purchase, yes.

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[BlasterBob]

Still have the Federal requirements to comply with. How does this new restriction repeal really change anything concerning buying long guns in other than your own home State?

[crays]

Still have the Federal requirements to comply with. How does this new restriction repeal really change anything concerning buying long guns in other than your own home State?

In my opinion, the primary benefit would be the possible increase in"reciprocal" states, so...very limited actual widespread benefit.
Unless you want to call our dumb@ss gubner being able to crow about being 2A friendly because he signed "pro gun" legislation a benefit...
Politcking at it's finest.

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[USMC88-93]

Contiguous states allowed for purchase of long guns through their standard procedure. Handguns had to shipped to FFL.
This pertains to in-person purchase. Perhaps you are referencing online purchase? Store policy and certain quirky other-state laws may have been a factor in some peoples' experiences. Regarding 15+ round magazines, see the previous sentence, particularly since our new legislation went into effect. Everyone is going to cover their butts on that part.
My interpretation of that legislation that in is not legal to bring the 30rd mag home with you, even if they did include it with your purchase. I will state that I have not head the new law referenced above. So, legal to purchase the rifle and bring it home, but still constrained by mag limit law.

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No I was not speaking to internet sales at all. I have bought long guns in non-contiguous states before the only added step was that it had to be transferred to a Colorado FFL and then from that FFL to me after the standard Colorado background check process. This just seems to do away with that extra step and now were I to buy a long gun in a non-contiguous state I can now take direct possession of it and not have it go through a Colorado based FFL

[USMC88-93]

Perhaps you are referencing online purchase? Store policy and certain quirky other-state laws may have been a factor in some peoples' experiences. Regarding 15+ round magazines, see the previous sentence, particularly since our new legislation went into effect. Everyone is going to cover their butts on that part.


No I was not speaking to internet sales at all. I have bought long guns in non-contiguous states before (you always could) the only added step was that it had to be transferred to a Colorado FFL and then from that FFL to me after the standard Colorado background check process (could not take direct possession). This just seems to do away with that extra step and now were I to buy a long gun in a non-contiguous state I can now take direct possession of it and not have it go through a Colorado based FFL

[XC700116]

Still have the Federal requirements to comply with. How does this new restriction repeal really change anything concerning buying long guns in other than your own home State?

Previously it was illegal to purchase any firearm in person in a state that does not share a border with CO and just bring it home with you. You had to have it shipped to a CO FFL and do the transfer there. This opens it up so you can buy in person in any state that allows sales to residents of other states without shipping it to a CO FFL, you can just bring it home.

For instance, previously you couldn't go to Montana, the Dakotas, Missouri, etc and buy a rifle or shotgun and bring it home with you. Now you can as long as the state you're buying in allows it. MN is the same way as CO was previously, you can't say buy a firearm in MT or WY and bring it back to MN if you're a MN resident.

[davsel]

From: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons


Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


Doesn't this mean there would have to be a CBI check due to Colorado's new gun laws?

[kidicarus13]

How about buying or being given a long gun from an immediate family member in the state of Kentucky?

[Bailey Guns]

I don't think this law will really have any practical effect at all. I'm all for it, in terms of clearing things up a bit on out of state purchases, but in my opinion it was never illegal for a CO resident to purchase a long gun from a dealer in a non-contiguous state. I think the biggest benefit of the new law will be for democrats, including Hickenlooper, who can now say they voted for and/or signed pro-gun legislation. That's pretty much it.

The old statute read:


12-27-102. Legislative declaration - residents

(1) It is declared by the general assembly that it is lawful for a resident of this state, otherwise qualified, to purchase or receive delivery of a rifle or shotgun in a state contiguous to this state, subject to the following restrictions and requirements:

(a) The sale must fully comply with the legal conditions of sale in both such contiguous states;

(b) The purchaser and the licensee must have complied, prior to the sale or delivery for sale of the rifle or shotgun, with all of the requirements of section 922 (c) of the federal "Gun Control Act of 1968", applicable to interstate transactions other than at the licensee's business premises.

That law simply states that a CO resident can purchase in contiguous states. It doesn't say anywhere that a CO resident can't purchase in a non-contiguous state.

It was pretty much the same for non-residents buying in this state:


12-27-101. Legislative declaration - nonresident

(1) It is declared by the general assembly that it is lawful for a licensed importer, licensed manufacturer, licensed dealer, or a licensed collector (licensed under the federal "Gun Control Act of 1968") whose place of business is in this state to sell or deliver a rifle or shotgun to a resident of a state contiguous to this state, subject to the following restrictions and requirements:

(a) The purchaser's state of residence must permit such sale or delivery by law.

(b) The sale must fully comply with the legal conditions of sale in both such contiguous states.

(c) The purchaser and the licensee must have complied, prior to the sale or delivery for sale of the rifle or shotgun, with all of the requirements of section 922 (c) of the federal "Gun Control Act of 1968" applicable to interstate transactions other than those at the licensee's business premises.

I can tell you as an FFL I sold plenty of long guns over the counter in my shop to residents of states that are not contiguous to CO and the transaction was approved by CBI. This statute, again, just says that residents of contiguous states can buy long guns here from a dealer. It doesn't say that residents of non-contiguous states can't buy here.

Obviously, according to both statutes the sale must comply with the laws of the purchasers other state as well. But, in my opinion, to read into either of those statutes that purchases/sales to residents of non-contiguous states is not permitted is incorrect.

[sniper7]

If it has to comply with the laws of CO wouldn't we have to pay the CBI fee, have the out of state ffl run a check through CBI and ncis if their state used them or their own state CBI.

how many guns are really bought in non contiguous states and how many Ffls are actually going to bother with the law, etc.

dickinpooper just wants to say he signed something. That motherless fuck can go sit his ass on a rusty dildo.

[crays]

No I was not speaking to internet sales at all. I have bought long guns in non-contiguous states before (you always could) the only added step was that it had to be transferred to a Colorado FFL and then from that FFL to me after the standard Colorado background check process (could not take direct possession). This just seems to do away with that extra step and now were I to buy a long gun in a non-contiguous state I can now take direct possession of it and not have it go through a Colorado based FFL

Agreed. After re-reading my quoted post, I could have been more specific in referencing non-contiguous. I believe we were headed to the same end, all along.

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[UrbanWolf]

I feel like Hick is going to use this in the election to show that he is "pro-gun".

[Hound]

I feel like Hick is going to use this in the election to show that he is "pro-gun".

He will... And he is wrong.... Again.

[Circuits]

Means nothing, and hasn't since 1986 FOPA.

It repeals a law that "allowed" purchases in contiguous states, the need for which went away in 1986.

From 1968 to 1986 you could only purchase a handgun in your own state, or a long gun in a contiguous state, if both states allowed it, per federal law. Some states passed laws explicitly allowing it, though that wasn't necessary as long as your state didn't prohibit out of state purchases.

After 1986, the federal contiguous state law went away, which meant you could purchase a long gun in any state, provided your state did not forbid it.

This repealed the law "allowing" you to purchase long guns in contiguous states, and removes a useless law from the books, but does nothing to increase your rights or your freedom.