Gah!!! Colorado!!!

SkyHog

Touchdown! Greaser!
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Castle Rock, CO
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Everything Offends Me
So I want to sell my gun. I'm used to doing private sales logically - get a bill of sale, transfer money, transfer gun, boom, all done, no worries.

But then, I remembered that this state went completely back-assward in 2013 and required background checks for private sales. As I remember reading in the news, we recalled the governor over that one, but apparently never repealed the law?

Sigh. I just want to sell my gun, dangit.
 
Not just Colorado - Facebook recently banned posting of guns for sale by private sellers on their site.
 
What are the consequences of private sales 'outside the rules'? just wondering.
Also, are you allowed to give a gun away?
 
What are the consequences of private sales 'outside the rules'? just wondering.
Also, are you allowed to give a gun away?


The law says "transfer of possession", so you can't give it away unless it's to a family member.

https://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

"A violation of the new background check law is a class 1 misdemeanor, which is punishable by six to 18 months imprisonment, a $500 to $5,000 fine, or both (Colo. Rev. Stat. § 18-1.3-501). Additionally, a person violating the law is prohibited from possessing a firearm for two years."

I haven't lived in CO for a long time, but my folks still do. I hear a lot of old-timers gripe about the way their state has changed.
 
The best part is that if the buyer fails the background check, I have to go under a background check myself to repossess the firearm...

Wonder what happens if I fail too. Free gun for the store?
 
The best part is that if the buyer fails the background check, I have to go under a background check myself to repossess the firearm...

Wonder what happens if I fail too. Free gun for the store?
What happens if you give one back to the person who gave it to you before the law went into effect? :p
 
The worst part about all that regulation is that it's no doubt Denver and Boulder making the calls and they're not the ones who have ever or will ever even consider owning a firearm.
 
What kind of gun Nick?

Also how do they handle interstate gun sales? I don't have to pass a background check any longer because my concealed carry confirms that I've already passed it according to the State of Michigan.
 
What kind of gun Nick?

Also how do they handle interstate gun sales? I don't have to pass a background check any longer because my concealed carry confirms that I've already passed it according to the State of Michigan.
It's a S&W Model 15. Almost sold it illegally using arms list...just happened to remember something about the law changing in the back of my mind that led me to research.

The guy backed out because he didn't want to drop the extra money on the background check.
 
How about selling it to a legit gun store? May take a bit of a loss, but no need for you to worry about the background check or anything else.
 
How about selling it to a legit gun store? May take a bit of a loss, but no need for you to worry about the background check or anything else.
Huge loss. I looked into it. Gun stores are mostly crooks, imho.
 
So I want to sell my gun. I'm used to doing private sales logically - get a bill of sale, transfer money, transfer gun, boom, all done, no worries.

But then, I remembered that this state went completely back-assward in 2013 and required background checks for private sales. As I remember reading in the news, we recalled the governor over that one, but apparently never repealed the law?

Sigh. I just want to sell my gun, dangit.

Recalled two State House and one State Senate members, two didn't survive it, the other stepped down willingly to trigger a forced appointment to replace her, so the "other fake political party" couldn't win her seat. She got a nice consulting job with her Party... so no personal monetary loss for her... must be nice to screw up your job that badly and have someone save you with cash, just for your broken ideals...

Governor was teflon throughout. He pocketed the Bloomberg bucks and smiled all the way to the bank.

But anyway... SZ...

The process isn't too horribly difficult. I sold a .22 rifle after that stupidity was passed, to a guy with a pile of security clearances thousands of times more difficult to get than a CBI background check, who just wanted a .22 for his kid to shoot.

Process goes like this:
- Find a gun store that'll do private transfers. Almost all will. Ask them what their policy is if the transfer fails because of a failed background check... in other words, do they have to run one on you to transfer it back to you? Legal grey area. I knew the guy buying mine was going to pass anything they threw at him with flying colors. Selling to a real unknown, if they're going to charge you to transfer it back, get it in writing that he/she is paying for that if they fail.
- Process the sale just like you normally would... bill of sale, serial numbers, however you like to get paid (hold a check and wait, cash is king, whatever you feel comfortable doing)...
- Meet at gun store, pay them a few bucks (also decide if they're paying for that of course, before you ever walk in... price + cost of background check is what most folks negotiate), dude does his ATF paperwork, they stick it in the computer and CBI spits out a yes or no usually in about 15 minutes max. On a busy day, an hour.

Then wave goodbye to all and drive home.

It isn't TERRIBLE, but it is pretty much just a hidden tax... nobody with a real reason to fail the CBI check is going to show up.

I think the gun store we found that was "most convenient" (it was truly inconvenient, but he was a long time friend) between the two of our houses was in Westminster, and I think they charged $15 at the time. I think that's gone up a little since then.

What you selling? Maybe I'm buying... and I think the gunsmith near the house does transfers... GRIN... Fire me off a "Conversation" if you feel like it. I'm only looking for a few specific things and even those, not wholeheartedly...
 
The idiots in King County got a similar initiative passed in the state of Washington. We have to go through a licensed dealer to sell a gun to another private party, too. Another example of gun laws that only impact the law abiding. Criminals don't care and don't pay attention. That's why they're called criminals.

A local gun show provides the support at a very reasonable cost (compared with other dealers) and they'll get my business if I ever decide to sell any of my guns. Not likely to happen, my kids will inherit them.
 
Nate has it right. To your statement about the buyer failing the BC and you needing a BC to get it back ... no. You hand it to the FFL holder who "holds" it while running the prospective buyer's BC. If the prospective buyer fails, the FFL hands you your gun back and off you go. Hopefully you negotiated buyer pays the fees, so you're only out your time and travel.

And you can sell (or buy) on gun broker, et al ... just have to stipulate that the transfer will be done via FFL. Some FFL will accept a transfer from the seller directly, some only from another FFL.

BTW, what are you asking for it?
 
which barrel? model 15 or 15-2 or up thru the latest -9?
 
The easiest way is to just use an FFL (buyer pays). I've bought several used guns through my local gun shop FFL. Easy as pie.
 
The easiest way is to just use an FFL (buyer pays). I've bought several used guns through my local gun shop FFL. Easy as pie.
Thanks, I'll remember that when the time comes. I have no problem with the recipient, who is a close friend, or me, going through a background check. I just didn't know how it worked.
 
I haven't lived in CO for a long time, but my folks still do. I hear a lot of old-timers gripe about the way their state has changed.

When the left coasters move in, it becomes left coast lite.
 
We have that law in NY, too. Most people outside of The City ignore it, and most of the Sheriffs (who are elected officials in New York) openly refuse to enforce it.

These people up here trade guns like kids trade baseball cards. They're not going to do background checks every time they buy, sell, or trade a gun; and because the Sheriffs refuse to enforce the law, they don't have to.

Rich
 
that ... above ... don't ask, don't tell ... but I won't say that here on a public forum (Rich said it, I didn't).
I sold a handgun a while back from an ad on a public forum, and since I didn't know the buyer, I followed the law. We met at an FFL (I have a good friend who does these for me) and we abided by the law (stupid, pointless and flawed law that is is not withstanding).
 
Keep in mind the magazine size when selling as well. You cannot legally transfer the magazine if it has a "high capacity", which is defined as smaller than a lot of the magazines that used to come with a new weapon.
 
Keep in mind the magazine size when selling as well. You cannot legally transfer the magazine if it has a "high capacity", which is defined as smaller than a lot of the magazines that used to come with a new weapon.
I'll keep the magazine size in mind on my revolver :)

which barrel? model 15 or 15-2 or up thru the latest -9?
Its a 15-3. No clue what the barrel size is....here's some pics

12524261_10101396180325347_4944787007015196194_n.jpg
12795357_10101396180340317_823363729474602911_n.jpg
12799148_10101396180370257_2111951928789408551_n.jpg
 
Thanks, Nick. That should be a 4" barrel. I think the 15-3 only came with 4" but not positive.
I'll pass this along to a couple folks in my class that have expressed interest in a revolver.
 
Post it for sale on Gunbroker or one of the other nationally accessible sites. When it sells to an out of state buyer you will have to ship it to an FFL holder in his state. Since you're shipping to an FFL you don't need to do the background check or deal with colorado's stupidity. The FFL holder in the buyers state will do a background check on the buyer so no worries for you. The system they have is stupid and useless and does no one any good. Dealers don't like doing outside background checks because it takes up their time and they gain pretty much nothing....even if they charge you to do it. It saves no lives and does nothing more than keeping track of the citizens by the govt. Just more feel good for the liberals who don't believe you should be able to own a gun, fly a plane or do much of anything else for yourself without their permission.

Frank
 
Keep in mind the magazine size when selling as well. You cannot legally transfer the magazine if it has a "high capacity", which is defined as smaller than a lot of the magazines that used to come with a new weapon.

Yeah, that's why you just throw them away at your earliest convenience. Who knew the new owner likes to rummage in that same trash can a block away? Amazing what you can find in the trash these days. Could have fallen into a criminals hands, so it's a good thing this happy coincidence occurred. :)

Another law written by CaliRetards that moved here.
 
take the standard capacity magazine (now called "High Capacity") apart. The pieces are now a magazine repair kit and are once again legal. Another do nothing, stupid knee jerk, unenforceable law.
 
That is easy to work around. Just break the gun down into a few major assemblies and sell it to them as "parts". I have done this with a few rifles coming from out of state, send the barrel in one package and the stock/bolt in another and there you go. No need to go through all the fuss.(yes this may not be strictly legit but it is what it is)
 
I suppose the one benefit of this system is that if the guy I sell it to decides to use it in a crime, the cops won't be knocking on my door to ask about the gun.

In New Mexico, that was always a concern.
 
Well, it is sold. Took about 45 minutes sitting in a gun shop making awkward conversation about how much we hate Obama and the Government, but it worked.

Ended the conversation with "Oh, you have a case lock? Cool, can you present that to the buyer so that he can pretend to actually care about locking it. Saves us the trouble of having to do it instead."

My case lock was a prop lock that I put on the case to make people think its locked, so I didn't mind. Gun laws are dumb.
 
That is easy to work around. Just break the gun down into a few major assemblies and sell it to them as "parts". I have done this with a few rifles coming from out of state, send the barrel in one package and the stock/bolt in another and there you go. No need to go through all the fuss.(yes this may not be strictly legit but it is what it is)

Just as follow up... Totally and completely illegal for whatever portion of the firearm that bears the serial number on it. Totally and completely legal for the parts that don't.

The quintessential example being the lower of an AR. That's the "gun". Everything else is legally, just replacement parts.

Of course you're probably correct that people disassemble things and do this all the time, but if you're going for legal and above-board, there's only a few items that must go through an FFL to cross State lines of ownership.

Of course the irony there is if the firearm isn't being sold, you can just take it yourself in one piece across State lines.

And then there's the "self manufacture" rules...

It's all pretty silly thinking criminals care about any of it. It's at best an annoyance to those attempting to do things legally, and has no effect at all on them. Zero. They give it no thought.

I suppose the one benefit of this system is that if the guy I sell it to decides to use it in a crime, the cops won't be knocking on my door to ask about the gun.

In New Mexico, that was always a concern.

It's still a concern. The FFL usually won't release that they did a transfer between parties to local LE. They're required to keep the record for ATF but local LE will follow leads wherever they go. And most FFLs will tell them to pound sand and get a warrant to see their legal records.

Only ATF has the ability to walk in and inspect those at any time. Most local LE won't bother getting the warrant, they'll just come ask you.

Best/easiest if you have a receipt for the transfer or any other documentation from doing so, available to hand them.

They're not going to bother getting the paperwork from the FFL unless there's some undue political pressure to solve a case immediately. Much easier to pester you.

Whether CBI keeps a record is debatable. Not supposed to, but what IT department can resist cramming everything into a database with on and off site backups?

Remember these laws aren't about common sense or making anyone's job easier. And different bureaucracies in our government don't play well together, although that's probably more of a blessing than a curse.

That thing gets used in a crime and they figure out you owned it once, they'll stop by. They really won't know, though, without asking ATF and waiting a while for the answer.

Well, it is sold. Took about 45 minutes sitting in a gun shop making awkward conversation about how much we hate Obama and the Government, but it worked.

Ended the conversation with "Oh, you have a case lock? Cool, can you present that to the buyer so that he can pretend to actually care about locking it. Saves us the trouble of having to do it instead."

My case lock was a prop lock that I put on the case to make people think its locked, so I didn't mind. Gun laws are dumb.

LOL where did you go? That's a crack up. Both because it happened and also because you found it awkward. Haha. You should have regaled him with FAA stories. :) Maybe you don't want to say.

Case and pistol locks: Hilariously useless. I took a weak set of bolt cutters to one from a manufacturer once just to see how useless. Pretty sure I could stomp most pistol cases out there open with a boot in about ten seconds if I wanted inside, too. Haha.

As you know from PM, I'm a little bummed I didn't jump on that thing. Haha. Oh well. Snoozed and lost. A shooter-grade Smith model 15 would have been on that short list of stuff I would have considered. They're excellent little revolvers. One of the best triggers Smith ever put on a revolver IMHO.

Oh well. Back to watching classifieds for my other Smith obsession... third gen semi-autos in stainless steel... I like those. Keeping an eyeball out for a 4506...
 
You can buy weed all day long all legal and such, but you lost your constitutional rights..... Imagine that.
 
The worst part about all that regulation is that it's no doubt Denver and Boulder making the calls and they're not the ones who have ever or will ever even consider owning a firearm.
This is true of most states. Not to mention the overriding rules generated inside the 61 square miles of DC that reign over the remaining 3,800,000 square miles of the US.
 
I sold a Jeep due to thread creep on POA. So?
 
A jeep is certainly different than a gun. Is anything up for grabs? Just want to be sure I understand the rules.
 
A jeep is certainly different than a gun. Is anything up for grabs? Just want to be sure I understand the rules.
It was thread creep in both instances. And a Jeep isn't that different than a gun.
 
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