Gun as a gift

[Stinky]

Is it legal to transfer a pistol, in Colorado, to an adult son or daughter w/o a background check?

[def90]

Yes

[BPTactical]

Yes*

*as long as that person is not a Prohibited Person.

[th3w01f]

The above are correct, here's additional context.

"f you are selling to a non-immediate family member, a background check must be done by an FFL (Federal Firearm Licensee). However, immediate family members do not need background checks done to transfer firearms between one another. The firearm should not be transferred to any family member who is prohibited from purchasing and/or possessing firearm. Immediate family is defined as spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles (in-laws do not apply). (CRS 18-12-112)"

https://cbi.colorado.gov/sections/fi.../firearms-faqs

[FoxtArt]

Posters are correct. Just a point of clarity:

The exemption is limited to "A transfer that is a bona fide gift or loan" (to those family members)

E.g. it does not (technically) cover selling to a family member.

[def90]

Posters are correct. Just a point of clarity:

The exemption is limited to "A transfer that is a bona fide gift or loan" (to those family members)

E.g. it does not (technically) cover selling to a family member.

I don't see that at all, the CBI text above doesn't say anything about it having to be a "gift".

[FoxtArt]

I don't see that at all, the CBI text above doesn't say anything about it having to be a "gift".

A Frequently Asked Questions section is irrelevant in the courtroom, and ignorance is not an affirmative defense in law.

This is the relevant part of the statute, which leaves nothing ambiguous:

The provisions of this section do not apply to:
(a)A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(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;

Now, do I think a typical DA is going to try to prosecute someone over a sale (to an immediate family member)? No.

Unless the DA doesn't like you. Criminal charges is largely based on the whims and personal opinion of a prosecuting attorney. Point being, for awareness, they could. Not that I think they necessarily would - just providing accurate information as other resources don't matter w/r/t an actual courtroom.

Case in point:

If your uncle is not a prohibited person but gives you $ to provide a gun to him without a transfer, then said uncle were to rob a gas station, if the D.A. does not like you... your attorney would be telling you to plea bargain after you spent about $10k.


ETA: It would probably be a pretty favorable plea bargain as it would be a dumb case to have to litigate for both sides, but would nevertheless carry a lot of risk and extreme cost for the defendant - as it has been said, the process is the punishment, that's why 94-96% of cases plea bargain. We effectively don't have a jury / justice system, that's just gift wrap disguising a shit sausage in a store window.

[def90]

A Frequently Asked Questions section is irrelevant in the courtroom, and ignorance is not an affirmative defense in law.

This is the relevant part of the statute, which leaves nothing ambiguous:

The provisions of this section do not apply to:
(a)A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(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;

Now, do I think a typical DA is going to try to prosecute someone over a sale (to an immediate family member)? No.

Unless the DA doesn't like you. Criminal charges is largely based on the whims and personal opinion of a prosecuting attorney. Point being, for awareness, they could. Not that I think they necessarily would - just providing accurate information as other resources don't matter w/r/t an actual courtroom.

Case in point:

If your uncle is not a prohibited person but gives you $ to provide a gun to him without a transfer, then said uncle were to rob a gas station, if the D.A. does not like you... your attorney would be telling you to plea bargain after you spent about $10k.


ETA: It would probably be a pretty favorable plea bargain as it would be a dumb case to have to litigate for both sides, but would nevertheless carry a lot of risk and extreme cost for the defendant - as it has been said, the process is the punishment, that's why 94-96% of cases plea bargain. We effectively don't have a jury / justice system, that's just gift wrap disguising a shit sausage in a store window.

Well, now you are taking about a straw purchase vs I sold my uncle a hunting rifle that I've had for a decade that he has always wanted.

[FoxtArt]

Well, now you are taking about a straw purchase vs I sold my uncle a hunting rifle that I've had for a decade that he has always wanted.

If the individual is not a prohibited person, it is not a straw purchase. You cannot predict the future to know someone will later commit a crime (unless they made their intent known)

18 U.S. Code ? 932 - Straw purchasing of firearms
(b)Violation.—It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person—
(1)meets the criteria of 1 or more paragraphs of section 922(d);
(2)intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or
(3)intends to sell or otherwise dispose of the firearm to a person described in paragraph (1) or (2).

Nothing in the (Colorado) statute provides a distinction for the kind of firearm or how long a person has had it. A court doesn't care how long someone wanted a firearm, nor what kind if it is later used in a nefarious way.

A gift is the same whether you have had the gun a week or twenty. So too, is a sale.

The text of the legislation is not ambiguous...

Point being, most transfer's to Bubba's uncle are not going to result in a prosecution. I am simply providing accurate information, because the possibility isn't zero.

[O2HeN2]

Well, now you are taking about a straw purchase vs I sold my uncle a hunting rifle that I've had for a decade that he has always wanted.

If you sold your uncle a hunting rifle that I've had for a decade that he has always wanted, that's not a gift and the exception does not apply.

"Bona fide gift" means you receive NO compensation in ANY form. Not money, not service, not barter.

O2