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  1. #1
    Zombie Slayer kidicarus13's Avatar
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    "I'm putting eligible family members as trustees in my trust that I'm still allowed to private transfer as gifts."

    I've never heard that you can transfer personal firearms as gifts into your trust without a BGC. Please educate me.

    A couple of exceptions listed under C.R.S. 18-12-112:

    (b)

    A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;

    (c)

    A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
    Lessons cost money. Good ones cost lots. -Tony Beets

  2. #2
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    Quote Originally Posted by kidicarus13 View Post
    "I'm putting eligible family members as trustees in my trust that I'm still allowed to private transfer as gifts."

    I've never heard that you can transfer personal firearms as gifts into your trust without a BGC. Please educate me.

    A couple of exceptions listed under C.R.S. 18-12-112:

    (b)

    A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;

    (c)

    A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
    It is my understanding that as long as I don't appoint someone as a trustee that doesn't fit in CRS 18-12-112 section (b) that you quoted, I can do that. I can also use the assignment to trust form for each item as long as I'm not violating state or federal law when doing so. NFA is a totally different animal, and I'm not addressing that here, which requires steps with the ATF. It would be in a person's best interest to consult an attorney before proceeding, which is what I'm in the process of doing.

    Edit: "I've never heard that you can transfer personal firearms as gifts into your trust without a BGC. Please educate me." You don't transfer to the trust; it's an assignment of property using an Assignment form you should get with your trust. Again....totally different process for NFA items.
    Last edited by MED; 03-16-2023 at 15:14.
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  3. #3
    a cool, fancy title hollohas's Avatar
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    Would you have to worry about Colorado's private party transfer laws at all if your trust with bonafide family member beneficiaries is formed in another state? Say if the firearms are currently stored in Colorado but the trust is formed in another state where a beneficiary resides?

  4. #4
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    Quote Originally Posted by hollohas View Post
    Would you have to worry about Colorado's private party transfer laws at all if your trust with bonafide family member beneficiaries is formed in another state? Say if the firearms are currently stored in Colorado but the trust is formed in another state where a beneficiary resides?
    This is definitely an attorney question.
    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
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  5. #5
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    Do migrants to Colorado have to leave thier assault riffles behind when they move here?

  6. #6
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    Quote Originally Posted by Eric P View Post
    Do migrants to Colorado have to leave thier assault riffles behind when they move here?
    As of right now, it looks as though all possession and proof of ownership language is removed except for certain triggers and rapid fire devices. However, that can change in the legislative process.
    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
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  7. #7

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    Quote Originally Posted by MED View Post
    As of right now, it looks as though all possession and proof of ownership language is removed except for certain triggers and rapid fire devices. However, that can change in the legislative process.
    Are triggers with 'standard' designs, like a Geissele SDwhatever singlestage, considered in the aforementioned groups?

  8. #8
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    Quote Originally Posted by battlemidget View Post
    Are triggers with 'standard' designs, like a Geissele SDwhatever singlestage, considered in the aforementioned groups?
    You'll have to look at part c of the Rapid Fire Trigger Activator definition to determine that; it is horribly vague, and open to interpretation. Does it mean that any trigger other than the trigger that comes with the firearms, which is what if it was a stripped receiver? Does it mean things like force reset or binary triggers? It is horribly written, and retailers might determine that they will not ship aftermarket triggers to CO even if they meet the definition of a semi-auto trigger in accordance with federal law. It uses words like parts or combination of parts that substantially increase the rate of fire....so what is substantially defined as? A semi-auto trigger is a semi auto trigger regardless of how efficient it is, but they are trying to put that on a scale using words like substantially increases. Binary and FRT are definitely out. Things like geissele SSA or Larue MBT should be fine, but they may not be shipped here if you order them.
    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
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  9. #9
    Machine Gunner bellavite1's Avatar
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    Last draft I read "rapid fire activators" were banned outright with no grandfathering.
    Has that changed?
    Could anyone post a link to the latest version?
    NIL DIFFICILE VOLENTI

  10. #10
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    Quote Originally Posted by bellavite1 View Post
    Last draft I read "rapid fire activators" were banned outright with no grandfathering.
    Has that changed?
    Could anyone post a link to the latest version?
    It's still just Introduced, your can view everything about the bill here including the latest amended as it goes through the process: https://leg.colorado.gov/bills/hb23-1230

    and yes they are banned as it stands now.
    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
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