LEO TRANSFER

[merl]

C&R are exempt are they not? (but that applies to everyone)

Legitimate question. In other states, sworn officers are exempt from a BGC because of the position they hold. LE officers are entrusted to carry a firearm every day and additional BGCs for them are nothing but a waste of time and money.

They have no trouble wasting our time and money, LEO should be no different.

[SvenJorgensen]

I've found nothing in Colorado statutes that define "bona-fide gift". The only reference I've found anywhere is in IRS regulations, and some paperwork is involved in those cases. Again, it's the Democratic idiots in the legislature making laws without understanding the consequences.

House Bill 13-1229 lists the exemptions for transfers as long as it does not violate C.R.S. 18-12-111. Section one, page five, line 3. Link to the bill.

[bobbyfairbanks]

Legitimate question. In other states, sworn officers are exempt from a BGC because of the position they hold. LE officers are entrusted to carry a firearm every day and additional BGCs for them are nothing but a waste of time and money.

Seriously? They are civil servants and nothing special. Leo deserve zero special treatment. No one does. You get what the constitution gave you and nothing less

[hurley842002]

Seriously? They are civil servants and nothing special. Leo deserve zero special treatment. No one does. You get what the constitution gave you and nothing less

I'm not saying LEO's should or should not be exempt, but I think you are missing his point. LEO's get a cavity search of a BG check compared to the simple pat search you get for purchasing a firearm, and it's basically ongoing.

[cstone]

It still terrifies me that you, as the enforcer of said laws, seek legal advice on an internet forum...

It scares me more when people assume they know an answer and don't bother to seek a correct answer.

No one knows everything.

While LEOs are not above the law or "special" there are exemptions written into some laws for some people. Magazines above 15 round capacity are one example.

[SvenJorgensen]

While LEOs are not above the law or "special" there are exemptions written into some laws for some people. Magazines above 15 round capacity are one example.

Isn't the magazine cap exemption based upon their use in a duty weapon for official purposes?
I wasn't aware Joe Cop could walk into a store in Colorado and purchase a 17 round magazine for his personal handgun just because he is LE.

[sroz]

I'm not saying LEO's should or should not be exempt, but I think you are missing his point. LEO's get a cavity search of a BG check compared to the simple pat search you get for purchasing a firearm, and it's basically ongoing.

There are people who are investigated, have to provide their financial information and poly'd every few years; no exceptions. It's all relative.

[Ranger353]

Sorry for the long post, but I thought it was important to clarify for everyone on this thread. From the C.R.S., LEOs are not exempt from a BGC. If the firearm is agency owned then they cannot transfer it to a third party because that would not only violate C.R.S. 18-12-112, but would also constitute theft (C.R.S. 18-4-401) of property. It was a legit question that has been answered.

Secondly, a firearm gifted to immediate family members are exceptions to 18-12-112, per paragraph (6)(b) below.

C.R.S. 18-12-112

COLORADO REVISED STATUTES
*** This document reflects changes current through all laws passed at the First Regular Session
of the Sixty-Ninth General Assembly of the State of Colorado (2013) ***
TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 1. FIREARMS AND WEAPONS - GENERAL
C.R.S. 18-12-112 (2013)
18-12-112. Private firearms transfers - background check required - penalty - definitions

(1) (a) On and after July 1, 2013, except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S., transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:

(I) Require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and

(II) Obtain approval of a transfer from the bureau after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S.

(b) As used in this section, unless the context requires otherwise, "transferee" means a person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check, as described in paragraph (a) of this subsection (1), before taking possession of the firearm.

(2) (a) A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section.

(b) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 12-26-102, C.R.S., and retain the records, as provided in section 12-26-103, C.R.S., in the same manner as when conducting a sale, rental, or exchange at retail. The licensed gun dealer shall comply with all state and federal laws, including 18 U.S.C. sec. 922, as if he or she were transferring the firearm from his or her inventory to the prospective transferee.

(c) A licensed gun dealer who obtains a background check for a prospective firearm transferor pursuant to this section shall provide the firearm transferor and transferee a copy of the results of the background check, including the bureau's approval or disapproval of the transfer.

(d) A licensed gun dealer may charge a fee for services rendered pursuant to this section, which fee shall not exceed ten dollars.

(3) (a) A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer, as described in paragraph (b) of subsection (1) of this section.

(b) A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

(4) If the bureau approves a transfer of a firearm pursuant to this section, the approval shall be valid for thirty calendar days, during which time the transferor and transferee may complete the transfer.

(5) A person who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee's subsequent use of the firearm.

(6) 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;

(c) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

(d) A transfer that is temporary and occurs while in the home of the unlicensed transferee if:

(I) The unlicensed transferee is not prohibited from possessing firearms; and

(II) The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;

(e) A temporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:

(I) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

(II) At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or

(III) While hunting, fishing, target shooting, or trapping if:

(A) The hunting, fishing, target shooting, or trapping is legal in all places where the unlicensed transferee possesses the firearm; and

(B) The unlicensed transferee holds any license or permit that is required for such hunting, fishing, target shooting, or trapping;

(f) A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm; except that this paragraph (f) does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm;

(g) Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;

(h) A temporary transfer for not more than seventy-two hours. A person who transfers a firearm pursuant to this paragraph (h) may be jointly and severally liable for damages proximately caused by the transferee's subsequent unlawful use of the firearm; or

(i) A transfer of a firearm from a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any immediate family member, which is limited to a spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle of the person.

(7) For purposes of paragraph (f) of subsection (6) of this section:

(a) An owner, manager, or employee of a business that repairs or maintains firearms may rely upon a transferor's statement that he or she may legally possess a firearm unless the owner, manager, or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check;

(b) Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager, or employee of a business that repairs or maintains firearms that no owner, manager, or employee of the business is prohibited from possessing a firearm.

(8) Nothing in subsection (6) of this section shall be interpreted to limit or otherwise alter the applicability of section 18-12-111 concerning the unlawful purchase or transfer of firearms.

(9) (a) A person who violates a provision of this section commits a class 1 misdemeanor and shall be punished in accordance with section 18-1.3-501. The person shall also be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.

(b) When a person is convicted of violating a provision of this section, the state court administrator shall report the conviction to the bureau and to the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t). The report shall include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.

[Ronin13]

Legitimate question. In other states, sworn officers are exempt from a BGC because of the position they hold. LE officers are entrusted to carry a firearm every day and additional BGCs for them are nothing but a waste of time and money.

The only thing I'll say on this- I really do support the bill that keeps coming up and getting shot down that says if you're a CCW permit holder, you don't need a BGC to purchase a firearm, in that should be included sworn LEOs with proper credentials... Of course, that would be logical and rational, Liberals cannot have that, no way, no how!

[cstone]

Isn't the magazine cap exemption based upon their use in a duty weapon for official purposes?
I wasn't aware Joe Cop could walk into a store in Colorado and purchase a 17 round magazine for his personal handgun just because he is LE.

I'm not aware of any store in Colorado that has any 15+ round magazines on sale for anyone to just walk in and purchase. If you have credentials and walk into a police supply store, you can purchase 30 round PMAGs. Fair? So few things in life are. Rather than complain about LEOs and what they can buy, lets work on changing the dumb law that doesn't make anyone safer.

I just raised the issue as an example of how exemptions are written into laws. I don't believe the rank and file police officers lobbied the state legislature for a special exemption so they could purchase PMAGs.