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View Full Version : Amendment 22 and BACKGROUND CHECKS



BlasterBob
12-28-2012, 15:36
CO AMENDMENT 22 and the required BACKGROUND CHECKS.

Now, something very interesting about those BACKGROUND CHECKS.

Colorado Amendment 22 indicates "requires background checks if any part of a gun purchase takes place at a gun show with THE EXCEPTION of antique guns, curios and relics.

So, the way I read that Colorado statute, a FFL dealer at the gun show must still log in any gun including a C&R guns (example - an M1 Garand or M1 Carbine) make a background check on the buyer and if/when the OK is received, transfer is then ready for completion and the disposition info must be entered into his "book".

Now, per Amendment 22, the way I interpret that statute, if a Colorado C&R Licensee at the gun show has a C&R gun to sell (example - M1 Garand or M1 Carbine) there would be NO background check required and the buyer may take his C&R purchase immediately providing he proves that he is a Colorado resident and meets the age requirement and the required info will be entered into the C&R holders "book".

Now, someone please tell me if I am interpreting Amendment 22 incorrectly. Do a search on CO Amendment 22 to read it for yourself.

merl
12-28-2012, 15:59
it appears you are correct. A 01 FFL would have to run the check still, based on federal law afaik. Would need a 01 holder to speak up on that requirement. It would appear that a non FFL (or 03 FFL) could transfer a C&R gun at a show with no check.

A C&R holder should also be able to pickup a C&R gun from a 01 FFL at a show with only the exchange of FFL info.

One thing: Is C&R defined for Colorado or are we relying on the federal definition?

BlasterBob
12-28-2012, 16:20
it appears you are correct. A 01 FFL would have to run the check still, based on federal law afaik. Would need a 01 holder to speak up on that requirement. It would appear that a non FFL (or 03 FFL) could transfer a C&R gun at a show with no check.

A C&R holder should also be able to pickup a C&R gun from a 01 FFL at a show with only the exchange of FFL info.

One thing: Is C&R defined for Colorado or are we relying on the federal definition?

To be covered by AGE, I believe both Federal and CO provides for 50 year old guns and older but not reproductions to be considered C&R..
I also believe many FFL dealers will not recognize a C&R license as a legal reason to not do the BG check or completion of form 4473.

BlasterBob
12-28-2012, 19:29
Thought sure someone would question this but guess not.