How private transfers now work in Colorado (background checks, FTF transfers, etc)

[Brian]

FFL 07/02 here. There have been a lot of questions about the process for legal, FTF private transfers and background checks in Colorado. I've done my best to pull together the latest info here. (However, I am not a lawyer.)

In January 2013, President Obama issued an executive order to the ATF, directing them to publish a letter to FFLs providing guidance on how to run background checks for private sellers. The wording of this document implied that guns would immediately be entered into the FFL bound books and would therefore require a background check on the SELLER if the buyer were to back out. While this is now outdated, many FFLs are still using this guidance in determining how they will handle private transfers.

Link: http://www.atf.gov/files/regulations...ure-2013-1.pdf

ATF has since updated and corrected this information, releasing updated instructions to FFLs. It is now clear that, as long as a seller does not "relinquish" the firearm, they can leave with the gun at any point, without performing a background check.

A 4473 (background check) is required for all transfers, and logging in/out of FFL books is still required before any FTF transfer can proceed. However, the BGC can happen prior to the transfer, and if the buyer fails, the seller can walk out. Note the $10 Colorado charges still gets charged to the FFL regardless, and you can bet your FFL is going to want their service fee, regardless of pass/fail, since they are taking the time.

Also, keep in mind the $10 you pay to CBI is not to the ATF. Colorado requires the $10 fee to pay for its own internal check, because "it's better" than the free federal NICS check, I guess.

For your viewing "pleasure," the updated guidelines:

https://www.atf.gov/sites/default/fi...rough_ffls.pdf

Short version:
1) Buyer fills out 4473
2) FFL checks and records buyer ID, marks handgun/long gun/other (no SN# yet), and runs the BGC. CBI charges $10 at this point
3) If pass, FFL takes gun & confirms SN, enters gun into books, writes the SN# on the 4473, and logs the book out to buyer. Buyer/seller leave happy.
4) If fail, seller takes the gun and leaves. FFL did not take possession. FFL does not enter the gun into the books. 4473 gets filed (without SN/gun info).
5) If the seller ever gives "exclusive possession" to the FFL (see linked discussion threads on what this means), then seller has to pass a BCG to get their gun back. Seller still owns it, just can't take possession. If seller fails BGC, you'll have to work something out with the FFL (likely consignment, or find another buyer).

So it could be worse. Could be a LOT better though.
Be nice to your FFL if you found a good one. This stuff is as much BS for us as it is for you. Also, keep in mind not every FFL does it exactly this way. You can certainly direct them to the linked doc, but don't be a jerk about it.

Brian
Broadsword Arms