Family transfers

[Eric P]

I have read the new background check a few times...

Gifts between family members don't need a background check.

What about sales between those same family members?

A friend asked me this for a sale between his dad and himself. The law as written is clear as mud. His dad is a straight shooter and wants to follow the law, but it seems to only allow gifts. I don't think his dad could lie to the authorities and say he gifted them to my friend vs saying he sold them.

As far as I know neither are prohibited as they have purchased new toys from cabelas this year.

[XJ]

I am not a lawyer.



Don't ask, don't tell.




Also, all laws are void when Soros-funded DAs are in office. Plan ahead.

[eddiememphis]

Why would Dad need to explain anything to "the authorities"?

The son should do what every son always does with everything of his father's. Borrow it and not return it.

That's how I have a garage full of tools, a truck and... other things.

[Rucker61]

I have read the new background check a few times...

Gifts between family members don't need a background check.

What about sales between those same family members?

A friend asked me this for a sale between his dad and himself. The law as written is clear as mud. His dad is a straight shooter and wants to follow the law, but it seems to only allow gifts. I don't think his dad could lie to the authorities and say he gifted them to my friend vs saying he sold them.

As far as I know neither are prohibited as they have purchased new toys from cabelas this year.

Under HB 13-1229, sales between family members require background checks. "Bona fide" (which isn't defined anywhere in CO law that I can find) gifts and loans of any duration do not.

[hollohas]

The son should do what every son always does with everything of his father's. Borrow it and not return it.



^This. Works every time.

PS - My son is 3 and he's already perfecting this. Like father, like son.

[hollohas]

But if the Dad truly wants a monetary transaction to take place, he can just gift the gun to his son then sell him something else, like ammo, in a separate transaction. Charge him whatever he needs to charge him for the ammo.

[Eric P]

Why would Dad need to explain anything to "the authorities"?


No reason. But if they ever would for whatever future reason, his dad would not say it was a gift.

[funkymonkey1111]

Since dad is a rule follower, suggest they do a transfer and he can pay the fees to soothe his conscience.

[Great-Kazoo]

No reason. But if they ever would for whatever future reason, his dad would not say it was a gift.

It's bad enough they're firing people for not being vaccinated. IF for what ever reason he was being questioned. Outside of his kid going on a shooting spree. We'd be way past the point of a well regulated militia.

[colorider]

If ya posted to ask it’s an issue.It is. A Clear As Mud interpretation is dangerous. Have your buddy do an FFL transfer. Small fee to pay for a potential issue. $25 is a small fee to pay to insure your friend doesn’t end up in a bad place. Dont have him mess around with legal interpretation. Biden and the gang are going to bring on some orders soon. Even more so after the school shooting today.

[ray1970]

My dad gifts me money occasionally even to this day.

I think the kid could gift him the firearm and if the dad decides to gift him some money then that?s just what family does.

[O2HeN2]

I don't agree with the law, so don't beat me up about my reply.

Oh, and IANAL.

The applicable part in the Colorado Revised Statutes that covers transfers between family members is 18-12.112 (6) (b). It specifies when a transfer DOES NOT require a background check.

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;

The key terminology is "bona fide gift".

"Gifting" the son a firearm and then "selling" him a box of ammo for $750 (or "gifting" money) would not hold up in court. Under questioning it would become very clear that the ammo sale or money gift was actually to compensate for the firearm "gift" or you'd be committing perjury in short order.

The law's pretty clear and unambiguous here, and I'm just giving the straight, legal answer.

O2