Thinking about transferring a gun to a family member in Colorado? While online resources can offer general information, navigating firearms laws can be tricky. Consider consulting with a lawyer specializing in firearms law to ensure a smooth and legal transfer.
In Colorado, if you're selling a gun to someone outside your immediate family, you need to go through a Federal Firearm Licensee (FFL) to conduct a background check.
However, when transferring firearms within your immediate family (excluding in-laws), background checks are not required. The following are considered immediate family:
- Spouses
- Parents
- Children
- Siblings
- Grandparents
- Grandchildren
- Nieces & Nephews
- First Cousins
- Aunts & Uncles
An intrafamilial transfer allows the seamless and legal transfer of firearms between family members, ensuring a responsible and regulated process. But, it’s important to know that you should not transfer a gun to any family member who is prohibited from purchasing and/or possessing firearms (CRS 18-12-112).
Breaking this rule is a serious offense, classified as a class 1 misdemeanor under state law. The consequence includes a two-year prohibition from possessing a firearm (C.R.S. 18-12-112 (9)(a)).
How to Transfer Gun Ownership in Colorado
Any transfer of firearms involves both federal and state laws, except intrafamilial transfer in Colorado.
In 2013, Colorado introduced new gun control laws based on state regulations. These laws have two main aspects: (i) mandatory background checks for most firearm transfers, with some exceptions, and (ii) restrictions on the sale, transfer, or possession of large-capacity ammunition magazines (defined as those with more than 15 rounds), also with certain exceptions.
At the federal level, there are two primary laws governing firearms:
- The National Firearms Act of 1934 (NFA).
- The Gun Control Act of 1968 (GCA), which has been amended over time.
The NFA specifically deals with certain types of firearms, including fully automatic weapons, short-barreled rifles, short-barreled shotguns, and silencers. These firearms must have serial numbers and be registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On the other hand, the GCA focuses on the manufacturing, transfer, and possession of firearms, covering a broader range of weapons than the NFA. It outlines rules regarding who can and cannot engage in the sale, purchase, and possession of firearms, the legal processes for these transactions, permissible types of firearms, and the locations where firearm possession may be limited.
However, for most other transfers, the person providing the firearm must have a valid Federal Firearm License (FFL) and be a legal firearms dealer. According to U.S. federal law, this person must also conduct a background check on the recipient before completing any transfer.
There are generally three ways to transfer ownership of a gun in Colorado to someone outside of your immediate family.
- Sell it to a local gun dealer.
- Sell it to another private party - which requires a background check via a Federal Firearm Licensee.
- Surrender the gun to law enforcement.
How Does a Parent Transfer a Firearm to an Adult Child?
Colorado gun laws allow certain close family members to transfer legal firearms without paperwork. This "paperless" transfer means that, meaning that the person giving the gun doesn't need to be a licensed dealer and isn't obligated to check the recipient's background.
They can simply give the gun directly to the recipient.
These family transfers apply to relationships like a parent giving a gun to their adult child, a grandparent passing a firearm to their adult grandchild, or transfers between spouses and registered domestic partners.
Can Spouses/Registered Domestic Partners Transfer a Firearm Between Themselves?
Yes, it is legal to transfer firearms to spouses and registered domestic partners since they are considered immediate family members, and do not require a background check by a FFL.
However, the same restrictions apply. If your spouse or registered domestic partner is prohibited from purchasing and/or possessing a firearm (CRS 18-12-112), then it is against the law to transfer a firearm.
Breaking this rule is a serious offense, classified as a class 1 misdemeanor under state law. The consequence includes a two-year prohibition from possessing a firearm (C.R.S. 18-12-112 (9)(a)).
What Is Required to Be a Licensed Firearms Dealer in Colorado?
To obtain a Colorado FFL (Federal Firearms License), certain essential ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) requirements must be met.
Here's a breakdown of the key requirements:
- To qualify for a Colorado FFL, you must be a U.S. citizen or a legal permanent resident who is 21 years of age or older.
- Ensure that you have no felony convictions, domestic violence convictions, or dishonorable discharge from the military.
- No pending criminal charges or active arrest warrants should be associated with your record.
- Confirm that you are legally eligible to own a firearm.
- A local business license.
- The state may charge a fee for background checks, and require FFL holders to set up a payment account.
- For retail operations, a legitimate storefront location is required.
- If operating an FFL from home, you’ll need to establish and maintain regular business hours.
- Software and associated equipment to handle the Colorado InstaCheck background checks.
- Inventory.
In simple terms, to begin the FFL application process in Colorado you need to be at least 21 years old, and meet the legal requirements to own a gun. This involves providing fingerprints and other identifying information, as well as completing a multipage form.
What Happens if a Person Sells or Transfers a Gun Without Being a Licensed Dealer?
When transferring firearms in the state of Colorado, you need to follow strict rules to avoid serious consequences. Breaking these rules could lead to being charged with a class 1 misdemeanor, possibly resulting in up to 18 months in county jail.
Moreover, you may be prohibited from owning a firearm for two years.
If you transfer a firearm unlawfully and the buyer uses it to harm someone, you may face substantial civil liability issues. On the flip side, adhering to the law can protect you from civil liability in similar situations.
It's essential to understand and comply with these regulations to ensure both legal and responsible firearm ownership.
Firearm laws can be intricate, so consider consulting a criminal defense lawyer specializing in this area. They can ensure your transfer complies with all legal requirements and avoid any unintended consequences.
