? about new background laws

[Ronin13]

Here's what I intend to do- and if I can't sell a firearm because of it, well fine- but to avoid having to beat my head against a wall, I'll hold onto what is technically still my property until the BGC comes back, then take the buyer's money, and let the FFL do the paperwork and hand the gun to the buyer. If the BGC fails, I am still holding on to my property and just go find another buyer, no need for some BS BGC on me when I'm not the one purchasing anything. Or is that the next step down the path, to buy something you need a BGC, and we'll just add that the seller needs one too, just to do our part in maybe, possibly, potentially, remotely attempting to save one child.

[OneGuy67]

My question is, why MUST the gun be transfered to the FFL before the back ground check is submited? In fact, why must the FFL be involved at all? You can run a background check on anyone, at anytime, if you have the correct info. Is the background check you run for renting an apartment different than the one you run for purchasing a gun? If so, why couldn't the public simply call the CBI directly like the FFL can?

We are an open records state, which allows you to run a criminal history (for $6.85 on the CBI website) on a person for COLORADO records only. Most of your apartment background checks are Colorado CBI records only. If you have criminal history in another state, it will not show when you run a CBI records check.

Now, Instacheck runs through the NCIC database, which will show any criminal history in any other state as well as any federal criminal history.

There is your difference and the reason why it must go through a FFL. You cannot contact the Instacheck yourself for a background.

[Goodburbon]

Here's what I intend to do- and if I can't sell a firearm because of it, well fine- but to avoid having to beat my head against a wall, I'll hold onto what is technically still my property until the BGC comes back, then take the buyer's money, and let the FFL do the paperwork and hand the gun to the buyer. If the BGC fails, I am still holding on to my property and just go find another buyer, no need for some BS BGC on me when I'm not the one purchasing anything. Or is that the next step down the path, to buy something you need a BGC, and we'll just add that the seller needs one too, just to do our part in maybe, possibly, potentially, remotely attempting to save one child.

I left some guns on consignment once, imagine my surprise when I had to go through a background check when I decided to pick them up...

[spqrzilla]

We are an open records state, which allows you to run a criminal history (for $6.85 on the CBI website) on a person for COLORADO records only. Most of your apartment background checks are Colorado CBI records only. If you have criminal history in another state, it will not show when you run a CBI records check.

Now, Instacheck runs through the NCIC database, which will show any criminal history in any other state as well as any federal criminal history.

There is your difference and the reason why it must go through a FFL. You cannot contact the Instacheck yourself for a background.

Only because CBI has not provided an interface for non FFL's to gain access to their firearms' background check process.

[OneGuy67]

Only because CBI has not provided an interface for non FFL's to gain access to their firearms' background check process.

Not necessarily. The records accessed from other states may not be public record by their laws.

[spqrzilla]

Not necessarily. The records accessed from other states may not be public record by their laws.

There is no reason why there could not be an interface / contact phone that allowed non FFL's to submit a check request to the CBI operators who process FFL checks. Then there would be no issue with "public record" as the result would be a allow/deny response just like FFL's get.

[OneGuy67]

There is no reason why there could not be an interface / contact phone that allowed non FFL's to submit a check request to the CBI operators who process FFL checks. Then there would be no issue with "public record" as the result would be a allow/deny response just like FFL's get.

Very true. I see what you are saying now. I don't have an answer to that.

[BlasterBob]

Here's what I intend to do- and if I can't sell a firearm because of it, well fine- but to avoid having to beat my head against a wall, I'll hold onto what is technically still my property until the BGC comes back, then take the buyer's money, and let the FFL do the paperwork and hand the gun to the buyer. If the BGC fails, I am still holding on to my property and just go find another buyer, no need for some BS BGC on me when I'm not the one purchasing anything. Or is that the next step down the path, to buy something you need a BGC, and we'll just add that the seller needs one too, just to do our part in maybe, possibly, potentially, remotely attempting to save one child.

Once you hand the firearm over to the FFL to get the BGC process started, I'll bet that you will NOT be allowed to get the firearm back unless the buyer fails the BGC and you then have to go through the 4473 and a BGC on yourself to get your own firearm back. I still contend that the FFL is going to hang on to the firearm until he/she gets the OK from CBI that the potential buyer is OK to go and this may be a matter of minutes or could be days. As I had indicated in my earlier post, I seriously doubt if any FFL dealer is going to hand the firearm back to the seller while waiting for DAYS to get the approval they are waiting for. This would be an open record in their bound book and believe the BATF would kinda frown on this action. I sure don't like the process but I really believe this is the way it is going to have to be processed. Thanks to the current Legislators that our fellow citizens put in office.

[BlasterBob]

I left some guns on consignment once, imagine my surprise when I had to go through a background check when I decided to pick them up...

I left some guns on consignment once, BEFORE THE BACKGROUND CRAP WENT INTO EFFECT, and imagine my surprise/shock when I retrieved them and they were in pretty "beat up" condition.

[Irving]

Thanks for the responses everyone. I got my answer, which is "because that is the way the law is written."
I don't know about you guys, but I'm starting to feel like this might be a bullshit law. What if you had to reregister your vehicle each time a buyer backed out on you?