View Full Version : Private Party selling in Colorado?
I have a pistola I want to sell, and was wondering if I can just go on GunsAmerica and send it to the designated FFL dealer? I would also send info that it has been sold. Where is this info? Thanks
I Wrote a fairly long response to this, then I had the fat-finger and deleted it....so you now get the short version.
This is an old question (about 3 days) use your search key.
Via the internet....You post the gun, gal/guy buys the gun, he sends you a copy of his dealers ffl, you send the gun to the ffl/dealer, the ffl does the transfer.
"I would also send info that it has been sold. Where is this info?" I have no idea of what you are asking.
But, as a private party, you are under no obligation whatsoever to tell anybody that you have a gun, or no longer have a gun. A DEALER must send in a copy of his 6051 to the BATF, but not a non-dealer. That said, I know of folks that only sell through a dealer as it keeps a paper trail of where the gun went to and a leary of having a gun that they owned..and being papered to them, being found at a crime scene.
This thread makes my f#%$ing head hurt.
If you're selling a firearm to an out of state party it has to go to an ffl holder - NO EXCEPTIONS. If you're by Westminster do yourself a favor and contact Dave @ protekt.us and let him know what you have and where it's going and he'll get you pointed in the right direction.
Need to sticky a thread that answers this question in general WTB and for sale.
BPTactical
12-02-2010, 10:13
Need to sticky a thread that answers this question in general WTB and for sale.
^THIS!
We seem to get this question and related on a weekly basis around here. A sticky of the Federal regulations regarding transfer of a firearm and Colorado statute would be handy.
I would be happy to put it together and shipped to the Mods for proofreading.
To the OP- Sticky put it fairly short and sweet but I would like to add a couple of things:
1- a long gun may be shipped to a FFL for transfer directly from an individual via common carrier (FedEx-UPS) and common ground shipping (insured of course).
2- a handgun must be shipped from a FFL to a FFL for transfer. It must be overnighted. Be sure to take the cost of the sending FFL fees and shipping into consideration when pricing the item.
Boy I'd like to agree with a sticky, but people don't read things like that. How many times a day do we have to tell someone that the TOS requires posting a price and a location? I've been here for years and still haven't read any of those stickies.
JohnTRourke
12-02-2010, 14:49
^THIS!
2- a handgun must be shipped from a FFL to a FFL for transfer. It must be overnighted. .
Wrong! (on both counts, handguns can go private to FFL if the FFL accepts transfers from private individuals, and it can only go FedEx or UPS and it must go 2nd day air (not overnight))
Ok, thanks guys, I should have searched, but it was late, and I just wanted my present when I woke up. It would be nice to have some legal source like State Attorney to refer to also in the sticky.
I would want to have it "un-registered" in the unlikely event it is used in a crime. As it is registered in my name now, I would want it out of my life officially.
I would want to have it "un-registered" in the unlikely event it is used in a crime. As it is registered in my name now, I would want it out of my life officially.
I thought only NFA items were registered in the state of Colorado? To my understanding, when purchasing a firearm from a dealer, it isn't registered to you but just a backround check has to be completed for that dealer to sell to you!
I thought only NFA items were registered in the state of Colorado? To my understanding, when purchasing a firearm from a dealer, it isn't registered to you but just a backround check has to be completed for that dealer to sell to you!
Technically, no registration. BUT, there is a purchase record (4473) on file with the dealer you purchased it from, and if the weapon is used in a crime, it could be potentially traced to the original selling dealer, and then on to the original buyer. After if has changed hands at the private party level, the trail would go cold unless there was paperwork (bill of sale). Many of my firearms have been purchased from private parties, some of whom only knew me on a first name basis. Er...before I lost them all in the freak boating accident.....[LOL]
BPTactical
12-02-2010, 17:12
Wrong! (on both counts, handguns can go private to FFL if the FFL accepts transfers from private individuals, and it can only go FedEx or UPS and it must go 2nd day air (not overnight))
Thanks- I have never dealt with a FFL on a handgun transaction that would accept a handgun transfer from a non FFL holder. I have always been advised to send them overnight as well. A FFL may mail a handgun to another FFL via USPS-see below in blue
Gotta love the advice the ATF can give you sometimes.
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: May a nonlicensee ship a firearm by common or contract carrier?A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
From USPS Regulations:
11.1.5 Manufacturers and Dealers
Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts
Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.
Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.
Great-Kazoo
12-02-2010, 17:15
Ok, thanks guys, I should have searched, but it was late, and I just wanted my present when I woke up. It would be nice to have some legal source like State Attorney to refer to also in the sticky.
I would want to have it "un-registered" in the unlikely event it is used in a crime. As it is registered in my name now, I would want it out of my life officially.
no handgun in CO is Registered. 4473'd yes.
sorry but this mentality or lack of knowledge has to stop. once again this line of thinking is what gives us "reasonable" gun laws.
as for used in a crime. once the item in question is no longer in your possession you do not have any culpability. UNLESS you knowingly sold it to someone unable to legally possess a firearm, buy as a straw purchase, etc. If there is a point of origin paper trail starting with or linking you to a firearm, you will be contacted by the investigating authorities.
fwiw...I'm pretty sure that Oswald's rifle was traced in a matter of hours...if not minutes (and I don't mean 360 minutes).
BPTactical
12-02-2010, 19:34
fwiw...I'm pretty sure that Oswald's rifle was traced in a matter of hours...if not minutes (and I don't mean 360 minutes).
That's because they knew where it came from in the first place[NoEvil]
Scanker19
12-02-2010, 22:26
Problems come up with idiots who think they know shit like at the Post Office. I sold a rifle on CMP once and when i went to ship with USPS the guy told em the firing pin had to be removed. So I tried to argue with a guy who "knows nothing bout guns" (his words) that removing the bolt was the same thing. Anyways idiot won, so I went to Fed-Ex shipped it faster, and cheaper with no questions asked.
I mostly will never use USPS after that.
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