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Gifting a handgun

twoskinsonemanns

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Apr 12, 2012
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2,326
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WV
I know CO has recently been victimized by 2A infringements so I thought I'd ask my question here.
I do not live in CO. I have a family member in CO that I will visit soon and wanted to gift him a handgun. Is this legal?
Thanks.
 

jackrockblc

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Jul 13, 2014
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256
Location
Jefferson County, CO
As long as the giver believes the recipient to be a legal owner of the gun, yes. However, I do think you now need to involve a FFL dealer to do an over-the-counter transfer. Not all dealers will.

EDIT: There may be a case where that's not necessary. Per the official online hosting of Colorado Revised Statutes (direct link to the Statute here),

(6) The provisions of this section do not apply to:....
(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;
 
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sheepdog

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Mar 12, 2008
Messages
299
Location
Texas
...link doesn't work for me...

...Federal law isn't affected in this matter by State statutes...you were correct that the transfer would need to be made through a CO FFL dealer...per ATF 5300.4 of Sep 2005 Questions and Answers B3...

...here's the link for your state statute: https://ccic.state.co.us/InstaCheck/pdf/CRS 18-12-112.pdf

...I wish the Feds would use such common sense and make exception for close family transfers...

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf Question 2 my local dealer charges me $25 to do the paperwork...some won't bother to help...but you'll find one who will...
 
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mobiushky

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May 30, 2012
Messages
830
Location
Alaska (ex-Colorado)
I know CO has recently been victimized by 2A infringements so I thought I'd ask my question here.
I do not live in CO. I have a family member in CO that I will visit soon and wanted to gift him a handgun. Is this legal?
Thanks.

And the paper trail will be ...?

Not advocating anything illegal, but there is no registration of firearms in Colorado...

{PS: My point in mentioning this is not to advocate law breaking. It's to highlight the absurdity of these types of laws. There is no registry, so who knows if your family member bought it previously or not?}
 
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OC Freedom

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Feb 20, 2014
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646
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ADA County, ID
I know CO has recently been victimized by 2A infringements so I thought I'd ask my question here.
I do not live in CO. I have a family member in CO that I will visit soon and wanted to gift him a handgun. Is this legal?
Thanks.

Visiting a family member in another state and taking that family member out target shooting is legal. If you happen to forget to pack your firearm and it is accidently left behind, there is nothing wrong with your relative hanging on to your firearm until you come back for another visit in the future. It's not like he can mail it to you, that would violate the law and you wouldn't do that;). Who hasn't forgot to pack something when traveling, stuff happens.

I am not condoning, suggesting, or implying that anyone should violate Local, State, or Federal law.
 

sheepdog

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Mar 12, 2008
Messages
299
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Texas
...those stories vanish when someone slips up under pressure...or to get a plea bargain...or a gun's used in a way that the liability comes back to the owner...

...going through an FFL in CO, there's nothing to remember, nothing to fear, and I'd pay whatever the dealer charges to avoid both the OP and recipient having a felony...gladly...the OP's already stated his intentions on a public forum and his IP address is easily findable...that'll do wonders for your memory...and they WILL find it if they look for it...
 

solus

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here nc
OP, a question...are you personally bringing said firearm with you to CO from WV, either in your aeroplane luggage? or in your personal vehicle? 478.38, ATF 5300.4 pg 44

So if you are planning on gifting the firearm in person, then no FFL interaction is required!

OP since you did not state the 'family' member's relationship to you, e.g., offspring or distant cousin? however if it is the latter, and while not required by any federal/state criteria, i am afraid i might generate piece of paper w/the s/n and such for them to sign. CYA if you will.

ipse
 
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twoskinsonemanns

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Apr 12, 2012
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Location
WV
OP, a question...are you personally bringing said firearm with you to CO from WV, either in your aeroplane luggage? or in your personal vehicle?
Yes

So if you are planning on gifting the firearm in person, then no FFL interaction is required!

OP since you did not state the 'family' member's relationship to you, e.g., offspring or distant cousin? however if it is the latter, and while not required by any federal/state criteria, i am afraid i might generate piece of paper w/the s/n and such for them to sign. CYA if you will.

ipse

It's a sibling I'd like to gift it to. You believe in this instance it is legal?
I'm not going to have time for an FFL transfer as this visit it going to be all too short and the time severely valuable. But it has to be legal.

ETA: From the sound of it for a sibling it would be okay under CO rule but still not okay federally
 
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twoskinsonemanns

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Apr 12, 2012
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WV
...those stories vanish when someone slips up under pressure...or to get a plea bargain...or a gun's used in a way that the liability comes back to the owner...

...going through an FFL in CO, there's nothing to remember, nothing to fear, and I'd pay whatever the dealer charges to avoid both the OP and recipient having a felony...gladly...the OP's already stated his intentions on a public forum and his IP address is easily findable...that'll do wonders for your memory...and they WILL find it if they look for it...

I won't do it illegally and the time to go through an FFL would make it not worth it.
 

sheepdog

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Mar 12, 2008
Messages
299
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Texas
...OP, if you sincerely want to do it legally, call the ATF or read the above cites of federal law...the fact that the person might even be a brother, mother, or dad has no bearing on the Federal laws cited where a gift is involved...believing internet advice to the contrary will set you and recipient up for a Federal felony...
...I wanted to give my daughter in MS a handgun...the only way to legally do it was through a MS FFL...no matter how the gun got to MS...

...locating a willing FFL in advance, and having him receive your gun into his bound book would only take minutes...the recipient could go back and fill out the 4473 and work through the NICS check later on...an FFL can legally receive a firearm from an out of state owner...again, see cited laws above...
 
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solus

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Aug 22, 2013
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here nc
OP raises another quagmire... the age of said offspring and are you gifting a handgun or long gun?

and modified my original post w/appropriate cite...sorry it got left off initially...

ipse
 
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sheepdog

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Mar 12, 2008
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299
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Texas
...if time's a problem, you can ship the firearm to the FFL in CO who agrees to help finish the transfer ahead of time...using directions in this cite: http://chris.cc/interstate.htm (all verifiable in cited laws...any FFL will have a 5300.4, it's how he does business)...

...that's all the help I can offer...all verifiable in cited laws/ATF online pubs, or you can check with your local ATF office...they'll walk you through it...seeing your kin well armed is worth the paperwork...
 

twoskinsonemanns

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WV
...OP, if you sincerely want to do it legally, call the ATF or read the above cites of federal law...the fact that the person might even be a brother, mother, or dad has no bearing on the Federal laws cited where a gift is involved...believing internet advice to the contrary will set you and recipient up for a Federal felony...
...I wanted to give my daughter in MS a handgun...the only way to legally do it was through a MS FFL...no matter how the gun got to MS...

...locating a willing FFL in advance, and having him receive your gun into his bound book would only take minutes...the recipient could go back and fill out the 4473 and work through the NICS check later on...an FFL can legally receive a firearm from an out of state owner...again, see cited laws above...

I won't have time to go through an FFL as I have said. Thanks for the idea of having him go back and do it after the visit. It is an interesting idea for the future but this occasion calls for a face to face gift.

OP raises another quagmire... the age of said offspring and are you gifting a handgun or long gun?

and modified my original post w/appropriate cite...sorry it got left off initially...

ipse

Handgun. Age over 21.
Anyway thanks for the cites. I'll do my due diligence to research it out to be completely sure. I won't chance a mistake based on forum advice but it's always nice to get a lil help from others who have gone before and can usually point you in the right direction.
If it's not possible to do legally I'll give some cuff links instead. :)
 

sheepdog

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...or a gift certificate from his favorite local gun store??? I'd have a hard time wearin' cufflinks with my pocket Tshirt, just sayin'...maybe he dresses a little finer than I...
 

solus

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...if time's a problem, you can ship the firearm to the FFL in CO who agrees to help finish the transfer ahead of time...using directions in this cite: http://chris.cc/interstate.htm (all verifiable in cited laws...any FFL will have a 5300.4, it's how he does business)...

...that's all the help I can offer...all verifiable in cited laws/ATF online pubs, or you can check with your local ATF office...they'll walk you through it...seeing your kin well armed is worth the paperwork...

sheepdog, seems your cite does not reflect what the ATF' 5300.4 actually states. additionally chris's site is using data that is 4 years old - home page date is 2010.

the cite's references have been paraphrased leaving out significant and obvious text from 5300.4 as well as interjecting the website's owners biases on 'chris' website.
specifics B1, B2, B8 doesn't correlate to what 5300.4 states.

you are doing the forum readership a real disservice by delving into things and not verifying the data you are putting out as Gospel.

thanks OP, good luck on your trip to CO and enjoy your famiily

ipse
 
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cch10000

Regular Member
Joined
Jun 10, 2012
Messages
104
Location
Franktown,CO
Thanks to bloomberg and the democraps here in Beautiful Colorado now,, as of July 2013 you cannot transfer a firearm without a background check, not to your son not to your father not to anyone,, what a joke
. You can't even let a buddy borrow a rifle to hunt with without it. So just forgetteing it when you leave is asking for trouble.

Most FFL's will transfer it, for a fee ofcourse.

Hopefully we can take our State back in November and get these rediculous restrictions reversed

good luck and enjoy tour visit
 
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solus

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here nc
seems you failed to provide a cite for your gems of wisdom....care to share...hummm

ipse

addendum:
quote:
Exemptions:
The new law exempts from the background check requirement transfers:
1. snip
2. of a bona fide gift between immediate family members;
3-9 snip
http://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

the things i learn on the forum...
 
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twoskinsonemanns

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Apr 12, 2012
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Location
WV
thanks OP, good luck on your trip to CO and enjoy your famiily

ipse

Thanks Solus. It's not a trip I get to make often as I'm 1600 miles away and I won't subject myself and family to the TSA's degrading mistreatment.
 
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