interstate sales?

[superninja]

i didn't know where to post this question... and this forum seemed closest to the topic.

question: is it in fact illegal to sell a firearm to, or purchase from, a person who lives in colorado but has an out of state license? assuming all other criteria are met and the person is legal to own a firearm, they must still have an in state license?

thanks for the help/explanation.

[OneGuy67]

The issue is the term 'residency' or 'resident'. Someone who is in Colorado, but does not have 'residency' is what you are referring to, I believe.

State law describes residency as obtaining employment or residence in Colorado and doing either requires a person to change their driver's license and vehicle registrations within 30 days of that residency. There are obviously exceptions for full time students and military.

The state law just states a Colorado resident need only be 18 years of age to purchase shotguns and rifles, 21 years of age to purchase a handgun and not be a prohibited person under federal law. The age limits are a purchasing requirement and not an ownership requirement.

Additionally, is it lawful for a qualified Colorado resident to purchase or receive delivery of a rifle or shotgun in a state contiguous (AZ, KS, NM, OK, NE, WY, UT) to Colorado as long as the sale fully complies with the legal conditions of sale in both states.

Private party transfers in Colorado are lawful so long as the seller has no knowledge that the purchaser is a prohibited person or is otherwise ineligible to purchase the firearm.

Hope this helps some...

[Zundfolge]

If they haven't got their drivers' license updated yet but have some other form of "proof of residency" (like a utility bill or a copy of their lease or if in the military I believe they get some sort of paperwork saying they're in state) you can still sell to them.

Its just that the DL is the easiest to confirm that they are of age, a resident and since it has a photo they are who they say they are.

I also don't believe you are under any legal requirement to verify their residency as a private seller (its just good practice and a good way to keep yourself from having to answer uncomfortable questions to the police should things go sideways).

[Circuits]

The state law just states a Colorado resident need only be 18 years of age to purchase shotguns and rifles, 21 years of age to purchase a handgun and not be a prohibited person under federal law. The age limits are a purchasing requirement and not an ownership requirement.

Additionally, is it lawful for a qualified Colorado resident to purchase or receive delivery of a rifle or shotgun in a state contiguous (AZ, KS, NM, OK, NE, WY, UT) to Colorado as long as the sale fully complies with the legal conditions of sale in both states.

No, Colorado law does not require someone to be 21 to purchase a handgun. That is a federal regulation which applies to sales by federally licensed dealers.

There are no contiguous states provisions in Colorado law. Colorado residents may purchase long guns from licensed dealers in ANY state, as long as the sale complies with the laws of both states.

No one may purchase a firearm in a private transaction in any state except their own.

[OneGuy67]

No, Colorado law does not require someone to be 21 to purchase a handgun. That is a federal regulation which applies to sales by federally licensed dealers.

There are no contiguous states provisions in Colorado law. Colorado residents may purchase long guns from licensed dealers in ANY state, as long as the sale complies with the laws of both states.

No one may purchase a firearm in a private transaction in any state except their own.

You are correct; Colorado law doesn't require handgun purchasers to be 21; federal law does.

There are contiguous state provisions in Colorado law; C.R.S. 12-27-10 (1)(a), 12-27-101 (1)(B) and 12-27-103 (1). That being said, one does not need to be in a contiguous state to conduct a transfer, but Colorado does have contiguous state laws on the books.

AND according to C.R.S. 12-12-104 (1)(a), those particular statutes are inapplicable in certain situations to include:
-transactions between licensed importers, licensed manufacturers, licenced dealers, and licensed collectors.
-theh loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
-a person participating in any organized rifle or shotgun match or contest.
- a person engaged in hunting in an state other than his state of residence and whose rifle or shotgun has been lost, stolen, or has become inoperative in the other state, and who purchases a rifle or shotgun in the other state form a licensed dealer after the person provides the dealer with a sworn statement.

Getting off topic here, though.

[Circuits]

You are correct; Colorado law doesn't require handgun purchasers to be 21; federal law does.

Again, no. Federal regulations require you to be 21 for a licensed dealer to sell you a firearm other than a rifle or shotgun. That does not apply to private transactions within the state. Legal age for handgun ownership in Colorado is 18, or less with a parent or guardian's written permission. CRS 18-12-108.5(1)


There are contiguous state provisions in Colorado law; C.R.S. 12-27-10 (1)(a), 12-27-101 (1)(B) and 12-27-103 (1). That being said, one does not need to be in a contiguous state to conduct a transfer, but Colorado does have contiguous state laws on the books.
Very well - they're there, but moot.

Your previous post:


Additionally, is it lawful for a qualified Colorado resident to purchase or receive delivery of a rifle or shotgun in a state contiguous (AZ, KS, NM, OK, NE, WY, UT) to Colorado as long as the sale fully complies with the legal conditions of sale in both states.

did not make the point that to purchase or receive delivery of a rifle or shotgun in a state other than Colorado, the purchase or delivery must be made from a licensed dealer in that state.

Firearms transactions other than rifles or shotguns, from licensed dealers as outlined above, are only allowed within one's own state.

[superninja]

thanks for the replies. all explained very well!

[OneGuy67]

Again, no. Federal regulations require you to be 21 for a licensed dealer to sell you a firearm other than a rifle or shotgun. That does not apply to private transactions within the state. Legal age for handgun ownership in Colorado is 18, or less with a parent or guardian's written permission. CRS 18-12-108.5(1)

As originally stated in my first post, "The age limits are a purchasing requirement and not an ownership requirement."

U.S.C. is United States Code or the Code Laws of the United States are federal laws, not regulations.

Not sure why you trying to argue the point...

[Circuits]

As originally stated in my first post, "The age limits are a purchasing requirement and not an ownership requirement."

U.S.C. is United States Code or the Code Laws of the United States are federal laws, not regulations.

Not sure why you trying to argue the point...

Not sure why you're not getting it yet...

There is no law preventing a person under 21 from either possessing OR PURCHASING a handgun.








There is a regulation forbidding a licensed dealer from selling a handgun to someone under 21. If the dealer does so, the dealer is in trouble for violating regulations, but the purchaser has done nothing illegal. Someone under 21 is otherwise free to purchase handguns all day long, 24 hrs a day, 365 days a year, provided they don't buy them from licensed dealers.

By way of comparison, a person under 21 attempting to purchase alcohol violates the law by doing so, as does the person selling it to them. But a person under 21 attempting to purchase a handgun violates no federal law, while the person who sells it to them commits an infraction only if they happen to be a licensed dealer.