Background Checks for family members

[jslo]

Know it's probably in here somewhere but my search came up empty.
Am I correct that you can purchase a firearm, as a Xmas present, for an immediate family member (son) without skirting the law. Local gun store said you needed to buy a "gift certificate", couldn't put the real thing under the tree.

[newracer]

They don't know the law.

[02ducky]

whhaaatttt, please tell us what store said that...

[BPTactical]

Exemptions to background checks as defined by Colorado statute:

Exemptions

The new law exempts from the background check requirement transfers:

1. of an antique firearm (18 U.S.C. § 921(a)(16)) or a curio or relic (27 C.F.R. § 478.11);

2. of a bona fide gift between immediate family members;

3. occurring (a) by operation of law or (b) because of the death of a person for whom the prospective transferor is an executor or adminisrator of an estate or a trustee of a trust created by a will;

4. of a temporary nature that occur in the home of an unlicensed transferee if he or she (a) is not prohibited from firearm possession and (b) reasonably believes that firearm possession is necessary to prevent imminent death or serious bodily injury to the transferee;

5. of possession that are temporary and that take place (a) at a shooting range that meets specific ownership requirements; (b) at an approved target shooting competition; or (c) while legally hunting, fishing, target shooting, or trapping;

6. made to facilitate the repair of a firearm as long as all parties possessing the firearm may do so legally;

7. of a temporary nature that occur while in the continous presence of the owner of the firearm;

8. for up to 72 hours, during which time the transferor may be jointly and severally liable for damages caused by the transferee's unlawful use of the firearm; or

9. to any immediate family member from an armed services member who will be deployed outside the U.S. within the next 30 days.

The exceptions listed in the new law do not limit or alter the applicability of a different state law that prohibits the purchase or obtainment of a firearm on behalf of, or for transfer to, a person whom the transferor knows or reasonably should know is ineligible to possess a firearm under state or federal law (Colo. Rev. Stat. § 18-12-111).

Unless there is actual knowledge to the contrary, a (1) business that repairs firearms may rely on a transferor's statement that he or she may legally possess a firearm and (2) transferor may rely on the business's statement that no manager or employee is prohibited from firearm possession.

You need to find a shop that knows and understands the laws pertaining to the product they sell.

[Zundfolge]

From the text of the law (which can be found here as a PDF in its entirety) (https://www.colorado.gov/pacific/sites/default/files/HB-13-1229.pdf):


(6) The provisions of this section do not apply to:
(B) a transfer that is a bona fide gift or loan between Immediate family members , which are limited to spouses , parents , children , siblings , grandparents , grandchildren , nieces , nephews , first cousins , aunts , and uncles;




(damn you BP and your swift fingers!)

[argonstrom]

whhaaatttt, please tell us what store said that...

This.

[BPTactical]

(damn you BP and your swift fingers!)

Keeps the Mrs happy[Coffee]

[DenverGP]

On the 4473, question 11a asks:
"Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person.

BUT on the ATF's instructions for filling out the form it states:

For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself. You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.

Buy your son the gun, and enjoy.

[hurley842002]

Keeps the Mrs happy[Coffee]

Bwaaaaahahaha


Sent from my iPhone using Tapatalk

[jslo]

Thanks guys. It's actually a good friend of mine looking to buy his son a shotgun for Xmas.
Sportsman Warehouse off Sante Fe.

[mtnrider]

Buy the gun for yourself, then gift it to your son. Perfectly legal

I think what you may be running into is if you are saying "you" are buying it "for" your son.

[brutal]

Buy the gun for yourself, then gift it to your son. Perfectly legal

I think what you may be running into is if you are saying "you" are buying it "for" your son.

Right. Semantics. Buying it for someone is a straw purchase. Buying it to gift to immediate family is 100% legal.

[sniper7]

Tell him to buy the gun and wrap it up as a gift for his son. Absolutely legal

[blacklabel]

I don't think my 5 year old would have passed a background check so I had to purchase it for him.

Sent from my LG-D851 using Tapatalk

[Great-Kazoo]

I don't think my 5 year old would have passed a background check so I had to purchase it for him.

Sent from my LG-D851 using Tapatalk

Good for You. Always err on the side of caution.
It starts with some cartoon, then blossoms in to watching reruns of Disney. Next thing you know they have pictures of the most recent child star turned stripper, on their cell phone.

[blacklabel]

Crap, I need to check his cell phone.