Dui?

[Tristan]

You sure about that? What about that "ignorance of the law is no excuse" phrase?

Other folks are advising reasonable precaution; you're advocating he loudly sing "Mary had a little lamb" and pretend he couldn't know about this potentially illegal act. That's not good advice.

It's kind of like checking your backstop. "I didn't know" just doesn't hold up all that well as an excuse.

Yes, I'm sure about that. 100%.
This is starting to enter the ridiculous phase, now, so I'll not play much longer.
I personally challenge you to find ANY case where the defendant really didn't know and was prosecuted.
If you want to be an idiot and take what I said out of context with your "Mary had a little Lamb" crap, then whatever. I will not play. Grow up.

And yes, it's excellent advice. From more than one attorney, from me being a Sheriff for a few years and actually being in court several times as an advisory witness. What first hand experience do you have?

Sure it's better to be safe than sorry. But you don't have to be a pantywaste. Your choice.

Marlin, as far as Columbine, you're comparing Apples to Oranges. Both that fellow and the "lady" had prior knowledge-and they bought them for UNDERAGE kids.
So that, too, is an irrelevant argument.

You may find one or two cases in the entire history of Colorado where someone has been indicted on such charges-but that is not the norm. And unless the fellow goes on a rampage, which is also not the norm, then not only would it be extremely hard to prosecute, it would not be worth the DA's time, money or effort.

Also, be realistic. If, in fact, this went to court-you're assuming one would tell the truth-pretty rare in court anyways, for cops as well as crooks.
So, let's see here. No bill of sale. No registration on said handgun. This fellows' word (who just killed several people) saying he bought the gun from you. There is no witness, no evidence, just his saying so. You, being a law-abiding citizen.
Yeah, right. Read the law. In most cases, his testimony wouldn't even be allowed in court. Your attorney would shred him. There's a thing called character when you get into these kinds of legal battles.
Again, simply silly.
If you abide by the law, do what is required, then you are safe.
The law is in place to protect the innocent and prosecute the guilty.

[Tristan]

Looking at something else, I came across a tidbit related to the situation at hand over at RMGO:


Since the original post stated the man had been in jail for 2 years, he would have reasonable cause to believe it could be against the law. Have it checked.

Nice try, but that is federal law.
And realistically, you think the feds are going to drop everything they are doing to come after a law-abiding in Colorado because he sold a bad guy a firearm?
Ha-ha. Like that doesn't happen everyday. I think there are more than enough BGs out there to deal with.

In the end, your choice. Again, sure, better safe than sorry. But 99.9% of the time, if you follow the law, you will be fine, no matter what happens.

Boy, the libbies really do have you all crawling up mommys' skirt.
I'm done. Have a nice day.

[Great-Kazoo]

spend $10.00 on the CBI web site there you can do a BG check for anyone. I did not bother to waddle through 4 pages to see if this was said already if so then a dupe if not spend the $10.
CBI allows access to their checks as a lot of folks do it for renters, jobs etc.

[Circuits]

As an FFL, I can tell you that conviction of any crime for which you can be sentenced to over a year (exactly one year or less doesn't count) in jail is a disqualification for buying firearms from a licensed dealer. Not sure how or if that extends to firearms you already possess, or buying from private persons.

The "over one year" is on the 4473, and does NOT only include felonies... felonies are an automatic disqualification all their own.

[sniper7]

As an FFL, I can tell you that conviction of any crime for which you can be sentenced to over a year (exactly one year or less doesn't count) in jail is a disqualification for buying firearms from a licensed dealer. Not sure how or if that extends to firearms you already possess, or buying from private persons.

The "over one year" is on the 4473, and does NOT only include felonies... felonies are an automatic disqualification all their own.

Pretty sure the law states you may not even own a firearm if convicted of a felony or crime punishable by more than 1 year in prison.

I would just pay the money for the background check, or have him pay it, or head to the local FFL shop and ask them to run one.

In the end, I would error on the side of safety. not worth it to lose your rights to sell a gun to a guy. especially since you have knowledge that he was in prison for 2 years.

[Irving]

Does anyone know what Colorado uses to determine if you are intoxicated while having a firearm? I assume they just use .08, but I know some states did/do have it where for driving it was .08, but a firearm it was 1.0. Anyone know?

[Jumpstart]

Grow a set and sell him the damn firearm. You are a apparently a citizen and so is he. The 2nd Amendment should be the only paperwork you need.

[BPTactical]

Grow a set and sell him the damn firearm. You are a apparently a citizen and so is he. The 2nd Amendment should be the only paperwork you need.

Nice- Knowingly selling a firearm to a "Prohibited Person" is punishable with Federal incarceration of no more than 10 years and $250K.
Still worth it?
Like I put in an earlier post on this subject:

Here is the only answer you need to relay to your friend: "C" on a 4473 form:

"Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more

than one year, even if you received a shorter sentence including probation?"
I believe you stated that he had been jailed for 2 years for DUI correct? If so he is disqualified from purchasing a firearm.
And with the fact that you know of his situation it would be unlawful for you to sell a firearm to him.

Note that the question states "Could have imprisoned you for more than one year". Regardless even if he got off on probation, if he could have been imprisoned for more than a year it would fall under this point.

Colorado Statute aside, firearms are Federally regulated. If he or you are indicted it for sale/purchase to a prohibited person it would be a Federal indictment and Colorado law would have no jurisdiction.

You are wise to let a FFL handle the transfer. It takes you out of any and all liability. You exercised due diligence in the sale and would be held harmless.

[Dr_Fwd]

Grow a set and sell him the damn firearm. You are a apparently a citizen and so is he. The 2nd Amendment should be the only paperwork you need.

"just do it" is not an answer in this situation...

P.S. You don't need to be a US citizen to buy/sell firearms.

[Batteriesnare]

Grow a set and sell him the damn firearm. You are a apparently a citizen and so is he. The 2nd Amendment should be the only paperwork you need.

This is the worst advice I've heard on this thread. While owning a firearm is a right, it is also includes responsibility, which includes who you sell your firearm to.