What Is CRS § 18-12-112?
CRS § 18-12-112 requires that most firearm transfers between private individuals in Colorado go through a licensed firearms dealer (FFL) and include a background check. The law applies to both sales and non-commercial transfers (e.g., gifts or trades), with certain exceptions.
In addition to the background check requirement, a 72-hour waiting period is now required before the firearm can be released to the recipient.
Step 1: Use a Licensed Firearms Dealer
Private individuals in Colorado are not permitted to conduct firearm transfers directly unless the transaction qualifies for an exemption.
Instead, both the seller (transferor) and the buyer (transferee) must go through a licensed firearms dealer:
- The dealer initiates the background check through the Colorado Bureau of Investigation (CBI)
- The firearm must be surrendered to the dealer, who holds it for the duration of the waiting period
- If the buyer passes the background check, the dealer completes the transfer after the waiting period has expired
Step 2: The 72-Hour Waiting Period
Even if the background check is approved quickly, Colorado law requires a full 72-hour waiting period before the firearm can be released to the buyer.
- The 72-hour clock starts after the background check is initiated
- The dealer retains physical custody of the firearm during this period
- The transfer cannot legally occur before the waiting period ends, regardless of CBI approval
Step 3: Fees and Processing Costs
Colorado firearm dealers are permitted to charge for their time and services when facilitating a private transfer:
- CBI Background Check Fee: A mandatory state fee
- Dealer Transfer Fee: Typically ranges between $15 and $100, depending on the dealer or range
These fees are the responsibility of the parties involved in the transfer and are not set or regulated by the state.
Step 4: Legal Requirements for Buyer and Seller
- Minimum Age: The buyer must be at least 21 years old to purchase handguns and most firearms. Some limited exceptions exist for military and law enforcement.
- Accurate Information: The buyer must complete all paperwork truthfully. False information on transfer forms is a criminal offense.
- 30-Day Validity: Once the CBI approves the background check, the transfer must be completed within 30 calendar days. If not, the process must be restarted.
Step 5: Penalties for Non-Compliance
Failure to follow the procedures in CRS § 18-12-112 can result in:
- Class 2 Misdemeanor charges
- A two-year prohibition on firearm possession following conviction
- Civil liability for any harm caused by the transferred firearm if it was unlawfully transferred
- Mandatory reporting to CBI and the national background check system
Exemptions to the Law
Not every transfer requires a background check. CRS § 18-12-112 outlines several specific exemptions:
Transfers to Immediate Family Members
A background check is not required if the transfer is made to an immediate family member, provided that:
- The recipient is 18 years or older
- You reasonably believe the recipient is not prohibited from owning or possessing firearms
Qualifying family members include:
- Father or mother
- Brother or sister
- Grandparent or grandchild
- Aunt or uncle
- First cousin
Other Exemptions
- Transfers Upon Death: Firearms passed via inheritance (wills or estates) are exempt.
- Temporary Transfers: No background check is required for temporary use of firearms under specific lawful conditions, such as:
- Shooting at a range
- Lawful hunting
- Under direct supervision during instruction
- Transfers for Repairs or Maintenance: Allowed without a background check.
- Short-Term Transfers: Transfers lasting 72 hours or less are exempt.
- Antique Firearms and Curios/Relics: Transfers of legally classified antique or collector firearms do not require a background check.
Examples of Legal vs. Illegal Transfers
✔ Legal Transfer Example
Scenario: John wants to sell a bolt-action rifle to his neighbor Mark.
- They visit a licensed FFL to conduct the transfer.
- The dealer initiates a background check on Mark.
- The rifle remains with the dealer for 72 hours.
- After the waiting period and CBI approval, the dealer completes the transfer.
- The entire process is finalized within 30 days.
✅ This transfer complies with all aspects of CRS § 18-12-112.
✘ Illegal Transfer Example
Scenario: Sarah gives her 19-year-old friend Alex a handgun without involving a dealer.
- No background check is completed
- Alex is under the legal age for handgun possession
- No waiting period is observed
- No documentation exists for the transfer
❌ This transfer violates multiple provisions of CRS § 18-12-112 and could result in criminal charges.
Additional Notes for Gun Owners
- There is no firearm registration requirement in Colorado. Although the dealer logs the transfer, this information is not submitted to a centralized state registry.
- Out-of-state transfers are not covered by this statute. Firearm transfers across state lines must comply with federal law and typically require shipment to an FFL in the buyer’s home state.
- Having a Concealed Handgun Permit does not waive the background check or waiting period.
- Multiple firearms can be transferred at once, but all must be recorded and held for 72 hours before release.
- It’s a good idea to retain a copy of the transfer receipt from the dealer for your own legal protection.
Conclusion
Whether you agree with CRS § 18-12-112 or not, compliance is required for nearly all private firearm transfers in Colorado. The process includes using a licensed dealer, undergoing a background check, and observing a mandatory 72-hour waiting period before the firearm is released. There are some lawful exemptions, especially for family members and temporary uses, but understanding and following the statute helps protect you from legal consequences.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Laws may change or be interpreted differently over time. If you have specific legal questions about firearm transfers, consult a qualified attorney familiar with Colorado firearm laws.
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