Private Party Sales

[General Disarray]

I understand that for FTF private sales one must not have prior knowledge that the buyer is a felon, etc, and that they need to be a CO resident. Does anyone have a link to the state statute that dictates this? I'm curious exactly what is required by the letter of the law.

On more than one occasion I've neglected to ask for proof of residence, but what exactly is required? When receiving a call from a local phone number from a local business I have been known to assume they're a resident. I understand an I.D. shows proof, but is an I.D. what the law says; what exactly do we need to do?

As far as the "known felon" thing goes, do we actually have to ask that stupid question? What specifically is the law on this one?

[Great-Kazoo]

search the archives, this has been discussed many times.

[General Disarray]

search the archives, this has been discussed many times.

I did a search for "Private Party Sales", and "face to face", and various variations on the theme; none of which unearthed my answer. I haven't found the statute buried in any of the various threads that have discussed it. Actually only 8 or 9 threads show up for Private Party Sales, and only one resulting thread specifically addresses private party sales, but not one post refers to the statute. Do you at least have a thread you can point me to, or a search topic I should try?

I get the gist; the buyer must be a resident, and can't be a felon. What does the law require from the seller in ascertaining this? There seem to be dozens of variations that sellers in FTF transactions have employed like asking for I.D. (which doesn't prove anything), and asking "are you legal....."(which is easily lied about). What specifically does the law say the seller must conform to? Thanks.

[Jer]

No written bill of sale is required so do your due diligence as the seller to ask if they buyer is a resident and not prohibited from owning a firearm. Some people go one step further and ask to see a valid CO ID and some even ask to see a CCW even though neither of these is required. I ask via email the two aforementioned questions and if the ATF ever comes knocking I look like the champion because I went that extra step and have a written acceptance of terms. As of right now none of this is required as proof of sale in the state of Colorado though so you do whatever you are comfortable with.

If you have further questions I suggest a search because this really has been covered ad nauseam.

[General Disarray]

I'm sure it has been covered; I did try several searches, like I said, and can't find anyone who has posted the statute. I know about asking for a DL, and asking the "are you allowed to possess..." questions, but is that what the law states, or is that what folks are doing to conform to their interpretation of the law? Like I said, I get the gist and aren't asking for any further individual interpretations of the statute; I'm looking to read it for myself. Anyone got a link to it?

[hip55]

look here -

http://www.rmgo.org/gun-law-faqs

[BigBear]

I found this: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

Which is "most" of the state statutes... but I can't find anything about FTF sales...

[Mazin]

This is from the ATF:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

[General Disarray]

Fantastic; thanks Mazin. So that's the Federal law that governs our sales locally. I wonder if there's a state law that adds anything to that, or perhaps that is all there is on the matter?

[Mazin]

Here a cut and patse from the earlier link from RMGO:

Are Colorado citizens required to register their firearms? NO. In fact, state law prohibits firearms registration by local or state government (the federal Brady Act is another matter, though that's not "claimed" to be registration).
CRS 29-11.7-103. Regulation - type of firearm - prohibited.
A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
CRS 29-11.7-102. Firearms database - prohibited.
(1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:
(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
What is required when I bring firearms from another state? NOTHING
Is it legal for a private citizen to sell a firearm to another private citizen? YES, as long as the seller has no knowledge that the purchaser is ineligible to purchase that firearm. Click here to sell firearms privately (http://www.cologunmarket.com/).
Is it legal for a private citizen to sell ammunition to another private citizen? YES.
Does Colorado require "handgun registration"? NO (Only because of the hard work of RMGO and it's members).
Are Colorado citizens required to register their firearms? NO. In fact, state law prohibits firearms registration by local or state government (the federal Brady Act is another matter, though that's not "claimed" to be registration).
CRS 29-11.7-103. Regulation - type of firearm - prohibited.
A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
CRS 29-11.7-102. Firearms database - prohibited.
(1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:
(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
What is required when I bring firearms from another state? NOTHING
Is it legal for a private citizen to sell a firearm to another private citizen? YES, as long as the seller has no knowledge that the purchaser is ineligible to purchase that firearm. Click here to sell firearms privately (http://www.cologunmarket.com/).
Is it legal for a private citizen to sell ammunition to another private citizen? YES.
Does Colorado require "handgun registration"? NO (Only because of the hard work of RMGO and it's members).

[Circuits]

Fantastic; thanks Mazin. So that's the Federal law that governs our sales locally. I wonder if there's a state law that adds anything to that, or perhaps that is all there is on the matter?

I would point out to you (as has been pointed out before) that none of those laws AUTHORIZES private party sales. They only LIMIT certain types of transactions.

The law generally restricts, and anything which is not expressly forbidden is lawful. The only exception will be where an entire type of thing is outlawed, and then certain express exceptions are spelled out. That is not the case for private party firearm transactions.

[Jumpstart]

All I now is that I won't be giving anyone any paperwork other than cash. That's the way it should be in, the land of the free and the home of the brave. I also loathe the fact that some want to cultivate that a BOS or the taking down of info from the seller is SOP. It isn't.

[Stinky]

The constitution authorizes you to do anything that is not forbidden by law. IOW, everything is authorized, unless it is illegal by law.

[Jer]

Had another successful face to face sale of a firearm to a member here today with only the exchange of cash and said firearm. Land of the free indeed. [Beer]