Is it legal to transfer a pistol, in Colorado, to an adult son or daughter w/o a background check?
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Is it legal to transfer a pistol, in Colorado, to an adult son or daughter w/o a background check?
Yes
Yes*
*as long as that person is not a Prohibited Person.
The above are correct, here's additional context.
"f you are selling to a non-immediate family member, a background check must be done by an FFL (Federal Firearm Licensee). However, immediate family members do not need background checks done to transfer firearms between one another. The firearm should not be transferred to any family member who is prohibited from purchasing and/or possessing firearm. Immediate family is defined as spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles (in-laws do not apply). (CRS 18-12-112)"
https://cbi.colorado.gov/sections/fi.../firearms-faqs
Posters are correct. Just a point of clarity:
The exemption is limited to "A transfer that is a bona fide gift or loan" (to those family members)
E.g. it does not (technically) cover selling to a family member.
I don't see that at all, the CBI text above doesn't say anything about it having to be a "gift".Quote:
Originally Posted by FoxtArt
A Frequently Asked Questions section is irrelevant in the courtroom, and ignorance is not an affirmative defense in law.Quote:
Originally Posted by def90
This is the relevant part of the statute, which leaves nothing ambiguous:
The provisions of this section do not apply to:
(a)A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(b)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;
Now, do I think a typical DA is going to try to prosecute someone over a sale (to an immediate family member)? No.
Unless the DA doesn't like you. Criminal charges is largely based on the whims and personal opinion of a prosecuting attorney. Point being, for awareness, they could. Not that I think they necessarily would - just providing accurate information as other resources don't matter w/r/t an actual courtroom.
Case in point:
If your uncle is not a prohibited person but gives you $ to provide a gun to him without a transfer, then said uncle were to rob a gas station, if the D.A. does not like you... your attorney would be telling you to plea bargain after you spent about $10k.
ETA: It would probably be a pretty favorable plea bargain as it would be a dumb case to have to litigate for both sides, but would nevertheless carry a lot of risk and extreme cost for the defendant - as it has been said, the process is the punishment, that's why 94-96% of cases plea bargain. We effectively don't have a jury / justice system, that's just gift wrap disguising a shit sausage in a store window.
Well, now you are taking about a straw purchase vs I sold my uncle a hunting rifle that I've had for a decade that he has always wanted.Quote:
Originally Posted by FoxtArt
If the individual is not a prohibited person, it is not a straw purchase. You cannot predict the future to know someone will later commit a crime (unless they made their intent known)Quote:
Originally Posted by def90
18 U.S. Code ? 932 - Straw purchasing of firearms
(b)Violation.—It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person—
(1)meets the criteria of 1 or more paragraphs of section 922(d);
(2)intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or
(3)intends to sell or otherwise dispose of the firearm to a person described in paragraph (1) or (2).
Nothing in the (Colorado) statute provides a distinction for the kind of firearm or how long a person has had it. A court doesn't care how long someone wanted a firearm, nor what kind if it is later used in a nefarious way.
A gift is the same whether you have had the gun a week or twenty. So too, is a sale.
The text of the legislation is not ambiguous...
Point being, most transfer's to Bubba's uncle are not going to result in a prosecution. I am simply providing accurate information, because the possibility isn't zero.
What about across state lines?
As a matter of federal law, private party sales must be conducted with both the seller and recipient being a resident of "the same" given state. Then it must be legal under the respective state laws, of course.
Again, just informing what the law is,. 922 (a)(5):
As discussed in another thread, 922 (a)(5) does not apply to e.g. gunstores, or other FFLs transfering a firearm to a person who does not live in their state. It's simply that private party (person to person) transfers are legal if say, both are Texas residents, and the transfer is in Texas. But they technically are not (Federally), if for example, a Colorado resident travels to Wyoming to buy a gun from a private party, and does not use a FFL. This may or may not be a violation of state law depending on which state the transfer takes place, the Federal Laws are of course, universal across them all, but would be (usually) enforced in the federal criminal courts, not, e.g., a State District Attorney going after someone (unless it is also not legal under a respective state law).Quote:
It is unlawful...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
If you sold your uncle a hunting rifle that I've had for a decade that he has always wanted, that's not a gift and the exception does not apply.Quote:
Originally Posted by def90
"Bona fide gift" means you receive NO compensation in ANY form. Not money, not service, not barter.
O2
Sounds like you should just gift it to your uncle for Christmas/birthday/talk like a pirate day.Quote:
Originally Posted by O2HeN2
Nobody has to know.
A) Cash is KING
B) Gifts don't involve "paperwork"
The question asked was "Is it legal..."
All the "don't ask don't tell"-type answers are a complete and utter waste of disk space since they're not answering the question asked.
Sorry, absolutely clear and bounded questions like this always gather a lot of puffery and noise that don't help answer the question.
O2