Tag: politics

Guide, Legal & Law

How Do I Sell Or Transfer A Firearm To An Individual In Colorado?

Mark Schneider

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.

  • 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.

Scenario: John wants to sell a bolt-action rifle to his neighbor Mark.

  1. They visit a licensed FFL to conduct the transfer.
  2. The dealer initiates a background check on Mark.
  3. The rifle remains with the dealer for 72 hours.
  4. After the waiting period and CBI approval, the dealer completes the transfer.
  5. 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.

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.

Take the Next Step in Responsible Firearm Ownership

Understanding the law is only part of the equation. Make sure you’re prepared to carry legally, defend responsibly, and protect yourself from legal risk.

👉 Sign up for a Colorado Concealed Carry Class
Get the training required by law and build confidence in your ability to carry safely and legally. Visit our CCW class page

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Home Defense, Legal & Law

Can I Use Deadly Force to Protect Property in Colorado?

Mark Schneider

In the realm of legal queries and concerns, one frequent question that arises, especially among property owners in Colorado, is whether it is permissible to use deadly force to protect one’s property. The short and straightforward answer to this is no, but like most legal questions, the intricacies of the law deserve a closer look to fully understand the scope and limitations of property defense in Colorado.

Colorado’s stance on the use of force in defense of property is primarily outlined in Colorado Revised Statute 18-1-706. This statute is crucial in guiding property owners on what actions are legally permissible when they believe their property is at risk of theft, criminal mischief, or criminal tampering.

Understanding Colorado Revised Statute 18-1-706

Colorado Revised Statute 18-1-706 provides a clear framework for what is considered a legally justifiable use of force in defense of property. The statute permits the use of “reasonable and appropriate physical force” against a person when necessary to prevent theft, criminal mischief, or criminal tampering involving property. However, the use of “deadly physical force” is only permissible in defense of oneself or another, as described in section 18-1-704, and not solely for the protection of property.

This distinction is crucial. While property owners have the right to use force to protect their property, this force must be “reasonable” and not “excessive.” Reasonableness, in legal terms, is defined by what a person of sound, mature, and good judgment would deem appropriate under similar circumstances.

The Car Theft Scenario: A Practical Illustration

To illustrate, let’s consider a scenario: an attempted car theft. (Not to be confused with a carjacking) Imagine waking up in the middle of a summer night to a loud commotion outside. You grab your handgun, put it in a fanny pack carry system, and go outside to investigate. You find a drugged, naked, unarmed person in your car attempting to steal it. In this situation, even though you are armed and the subject is clearly not, Colorado law does not permit you to use deadly force.

In this scenario, while you cannot use deadly force, you are allowed to use “reasonable force.” For instance, you might physically remove the subject from your car to prevent the theft. However, the definition of “reasonable force” in this context can vary widely and is subject to different interpretations by legal professionals.

The Ambiguity of “Reasonable Force”

The concept of reasonable force is one of the more nebulous aspects of legal self-defense doctrines. If you ask 50 different attorneys to define reasonable force in the context of the car theft scenario, you might get 50 different interpretations. However, despite this ambiguity, the law is clear that deadly force to protect property, in this case, is not justified.

Distinguishing Between CRS 18-1-706 and CRS 18-1-704.5

It’s important not to confuse CRS 18-1-706 with CRS 18-1-704.5. While CRS 18-1-706 deals with the use of force in defense of property, CRS 18-1-704.5 pertains to the use of deadly force in home defense, also known as the “Make My Day” law. This law provides broader protections for homeowners using deadly force against intruders in their homes under certain circumstances. However, this law does not extend the same level of force to the protection of property outside of these specific conditions.

Legal Implications and Consequences

Using deadly force to protect property in Colorado, when not justified by the circumstances as per the statutes, can lead to severe legal consequences, including criminal charges. Property owners must be acutely aware of these laws and their implications to avoid legal repercussions that could arise from what they might perceive as an act of defense.

Conclusion: Navigating the Fine Line

In conclusion, while the desire to protect one’s property is understandable, Colorado law mandates a careful approach. Property owners must navigate the fine line between reasonable force and excessive force. In doing so, it’s advisable to err on the side of caution, recognizing that while property can be replaced, the legal and moral implications of using deadly force cannot be undone. It’s always recommended to consult with a professional to fully understand the rights and limitations regarding the use of force in property defense in Colorado.

Legal Disclaimer

The information provided in this article is for general informational purposes only and is not intended as legal advice. Laws and interpretations of those laws can vary and change over time. Readers are advised to consult with a qualified attorney for advice on specific legal issues related to the use of force in defense of property in Colorado

Concealed Carry, Legal & Law, News

Denver’s New Gun Laws

Mark Schneider

Navigating Denver’s New Concealed Carry Laws: A Guide For Gun Owners

Denver’s enactment of the new municipal code, Section 38-131, represents a significant shift for concealed handgun permit holders and gun owners. This legislation, a response to former Mayor Michael Hancock’s 2022 initiative to combat gun violence, broadly prohibits the concealed carrying of firearms in public parks and any buildings or land owned or leased by the city and county of Denver. With its passage by a 9 to 3 vote in the city council, understanding the full scope and implications of this law is crucial for permit holders and gun owners.

Understanding the Law’s Extensive Reach

The ordinance’s broad scope includes all city-owned or leased buildings and land, notably encompassing public parks. This expansion significantly affects areas where permit holders were previously allowed to carry firearms.

Deciphering the Boundaries

For concealed handgun permit holders, this new law changes the landscape dramatically. Areas that were once routine parts of daily life, such as public parks and city facilities, now fall under strict no-carry zones. Understanding these boundaries is critical to avoid unintentional legal breaches.

Exceptions and Affirmative Defenses

Despite its extensive reach, the law includes specific exceptions and affirmative defenses applicable to certain groups, including law enforcement officers, active-duty military personnel, licensed security guards, and those with authorization at police shooting ranges.

Transportation of Firearms

The law permits the transportation of unloaded firearms within private vehicles for hunting or personal protection, a provision crucial for gun owners who engage in these activities.

The Impact on Permit Holders

The introduction of this law necessitates a significant adaptation for permit holders. The changes affect where you can legally carry a concealed firearm, with non-compliance leading to financial penalties.

Balancing Legal Compliance and Personal Safety

Permit holders must now navigate the complex balance between adhering to the new legal framework and maintaining personal safety, especially in emergencies where quick response is vital.

Enforcement and Potential Penalties

Violations of the ordinance are treated as non-criminal infractions, similar to parking violations, with fines ranging from $50 for a first offense to up to $999 for subsequent violations. While not criminal charges, these fines represent a substantial financial consideration.

Essential Strategies for Permit Holders

  1. Stay Informed: Keeping abreast of the specific locations of city-owned or leased properties and public parks where the law is enforceable is crucial.
  2. Understanding Exceptions: Familiarizing yourself with the law’s exceptions and affirmative defenses is essential to know when and where carrying is permissible.
  3. Pre-Planning: When traveling within the city, consider your route and activities in light of these restrictions.
  4. Engage in Advocacy: Participating in discussions with local representatives or gun rights advocacy groups can offer a platform to voice concerns and seek further clarifications about the law.

Analyzing the Law’s Broader Implications

The introduction of this ordinance is part of a larger conversation about gun rights and public safety. While aimed at enhancing safety, it intersects with the rights of lawful gun owners and permit holders, raising questions about effective crime prevention and the impact on law-abiding citizens.

Public Safety Versus Personal Rights

The law reflects an effort to balance public safety concerns with the rights of individuals to carry firearms for personal protection. This balance is a contentious issue, with opinions divided on the effectiveness of such restrictions in preventing gun violence.

The Deterrent Effect

One of the key questions surrounding the law is its ability to deter individuals with intent to commit violent acts. Critics argue that those determined to commit crimes may not be swayed by such restrictions, while supporters believe it to be a step towards safer public spaces.

The Role of Permit Holders in Public Safety

Permit holders often undergo extensive background checks and training, positioning them as responsible members of the firearm-owning community. The new restrictions place additional burdens on these individuals, who are generally law-abiding and knowledgeable about gun safety.

“Personal Decision: To Carry or Not in Restricted Areas”

As a concealed handgun permit holder or gun owner, the decision to carry in the newly restricted areas of Denver, such as public parks and city-owned or leased buildings, poses a significant personal dilemma. While the law clearly prohibits the carrying of firearms in these locations, individuals must weigh the importance of their ability to defend themselves against the risk of receiving a ticket, which, though a non-criminal infraction, carries financial penalties. It’s a decision that involves balancing personal safety with legal compliance. While I can suggest that permit holders might still consider carrying in parks and certain Denver buildings to ensure their own safety, it’s crucial to emphasize that this is not legal advice. Each permit holder must assess their own risk tolerance, the specific circumstances they might encounter, and the potential financial consequences of their decision. It is a personal judgment call, and those who choose to carry in these areas should be fully aware of the law and the implications of non-compliance.

Conclusion

For Denver’s concealed handgun permit holders and gun owners, the new ordinance necessitates a careful reassessment of how and where to legally carry firearms. While the law aims to enhance public safety, it also introduces new limitations on the carrying of firearms in public spaces. Navigating these changes requires staying informed, understanding the law’s nuances, and engaging in constructive dialogue about its implementation and impact.

Disclaimer: The information provided is for general informational purposes only and is not intended as legal advice. The use of this information is at your own risk. For advice on specific legal issues, consult a qualified attorney.