HB 23-1230 aka "Assault weapons" ban

[eddiememphis]

https://omny.fm/shows/the-george-sho...aylist=podcast

Caldara and Kopel on the pending legislation.

[DDT951]

The "winner" of the last presidential "election" campaigned on bans and has advocated for bans since taking control of the office. I don't think it really matters what Polis says. He will either be selected or he won't. He is more likable than Kamala and fits their woke image; whatever favors and back room deals transpire will determine the next one.

So what I am understanding is the entry into the backroom might be through the backdoor?

[hollohas]

The "winner" of the last presidential "election" campaigned on bans and has advocated for bans since taking control of the office. I don't think it really matters what Polis says. He will either be selected or he won't. He is more likable than Kamala and fits their woke image; whatever favors and back room deals transpire will determine the next one.

Exactly. The candidate doesn't matter anymore.

This vegetable won...

[TEAMRICO]

That’s the biggest turd emoji I have ever seen!

[rtr]

What happens to firearms covered in this bill when the owner dies?

What happens in regards to same if owner wants to sell them to someone outside Colorado?

What happens if you want to file a Form 1 to SBR a firearm covered by this bill after it passes?

What happens if you own an NFA firearm that also is regulated by this bill and you want to sell it to someone out of state?

[DDT951]

What happens to firearms covered in this bill when the owner dies?

What happens in regards to same if owner wants to sell them to someone outside Colorado?

What happens if you want to file a Form 1 to SBR a firearm covered by this bill after it passes?

What happens if you own an NFA firearm that also is regulated by this bill and you want to sell it to someone out of state?

First. The anti 2A crowd is interested about taking every gun you have. Even a single shot.

Death by a thousand cuts.

They do not care if you cannot have an NFA item. That is a bonus and closer to their goal.

That said, a form 1 does not transfer ownership of many firearms but it is manufacture so it is a very interesting question..

[MED]

What happens to firearms covered in this bill when the owner dies?

What happens in regards to same if owner wants to sell them to someone outside Colorado?

What happens if you want to file a Form 1 to SBR a firearm covered by this bill after it passes?

What happens if you own an NFA firearm that also is regulated by this bill and you want to sell it to someone out of state?

1. Depends on what you set up. I'm setting up a semi auto trust separate from my NFA trust so that the owner will be the trust before the law goes into effect. After that, any trustee can take them because ownership hasn't changed and there is no transfer between trustees. I'm putting eligible family members as trustees in my trust that I'm still allowed to private transfer as gifts. After the law goes into effect, this will not be possible to set up. If you don't have a trust, they would have to be sold through an FFL out of state or transferred to a designee in your will who is out of state.

2. You can sell outside of CO as long as you go through an FFL because you're selling across state lines.

3. This should work as long as there is no transfer. It will be too late to put it in a trust after the bill becomes law. However, this one could get kind of murky because I don't know how they are going to go about it until it happens. It should go through in theory, but we'll see because they could argue it is making a new firearm that is banned. I think this is the biggest question mark of the questions you asked.

4. You can sell outside of CO as long as you go through an FFL because you're selling across state lines. The FFL will have to follow all NFA laws for the transfer.

[kidicarus13]

"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;

[rtr]

1. Depends on what you set up. I'm setting up a semi auto trust separate from my NFA trust so that the owner will be the trust before the law goes into effect. After that, any trustee can take them because ownership hasn't changed and there is no transfer between trustees. I'm putting eligible family members as trustees in my trust that I'm still allowed to private transfer as gifts. After the law goes into effect, this will not be possible to set up. If you don't have a trust, they would have to be sold through an FFL out of state or transferred to a designee in your will who is out of state.

2. You can sell outside of CO as long as you go through an FFL because you're selling across state lines.

3. This should work as long as there is no transfer. It will be too late to put it in a trust after the bill becomes law. However, this one could get kind of murky because I don't know how they are going to go about it until it happens. It should go through in theory, but we'll see because they could argue it is making a new firearm that is banned. I think this is the biggest question mark of the questions you asked.

4. You can sell outside of CO as long as you go through an FFL because you're selling across state lines. The FFL will have to follow all NFA laws for the transfer.

Can you recommend an attorney to setup a trust?

[MED]

"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.