May 192013
 

Guns for Sale

Guns For Sale in Colorado July 1, 2013

Normally I try to keep my articles to training issues, but I think it’s a good time to talk about upcoming events. As of July 1, you will not be able to sell any firearm legally in Colorado without background checks being done. So now is the time to sell those unwanted firearms before you have to go through the paperwork and expense of the transaction. You say what..#2@..you are not going to do a background check when you sell your gun!! Well you better read further. There are some problems with selling a gun without a background check, like what if the gun is used in a crime? Can it come back to haunt you? If you decide to sell a firearm and you wish to document the transaction here is a nice bill of sale form you can use.

Guns For Sale After July 1, 2013

Many people are saying that as long as the date of the transaction is prior to July 1, 2013, it won’t be a problem and that is possibly true as long as you have owned the guns for sale a long time and parties to the transaction do not cause any problems. Anyone who purchases a gun from a dealer or involving a background check after July 1, 2013, will be attached to that gun forever unless it is transferred properly to someone with a background check. These are just a few things to think about in the upcoming new legislation that will effect guns for sale on July 1st in Colorado.

These transfer provisions do not apply to:

  • A bona fide gift or loan between immediate family members;
  • 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;
  • A transfer that is temporary and occurs while in the home of the unlicensed transferee if:
    • The unlicensed transferee is not prohibited from possessing firearms; and
    • The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;
  • A temporary transfer of possession without power of ownership or a title to ownership, which takes place:
    • At a shooting range located in or on premises owned by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
    • At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or
    • While hunting, fishing, target shooting, or trapping if:
      • Legal in all places where the unlicensed transferee possesses the firearm; and
      • The unlicensed transferee holds any license or permit that is required for such activity;
  • A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm, except that all parties who possess the firearm as part of such transaction must be able to legally possess a firearm;
  • Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;
  • A temporary transfer for not more than 72 hours. A person who makes such a temporary transfer may be jointly and severally liable for damages proximately caused by the transferee’s subsequent unlawful use of the firearm; or
  • A member of the armed services who will be deployed outside of the U.S. in the next 30 days, to any immediate family member.7

When a person violates the above transfer requirements, the violation is punishable as a Class 1 misdemeanor and the person must be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.

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