How to Sell a Gun in Colorado?
Selling a gun in Colorado requires knowledge of the state’s laws to ensure gun owners are in compliance and don’t make any mistakes. The state of Colorado has various laws concerning the ownership, transfer, and the carrying of firearms. If you’re considering selling a gun to another individual, make sure you’re up to speed with the laws that regulate transfers to ensure you’re in compliance and not breaking any laws.
The following information is from the Colorado Bureau of Investigation.
Buying and Selling a Firearm in Colorado
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Selling to a Federal Firearms License (FFL) is much easier but if you want to sell to a private party you’ll want to be informed.
Colorado gun owners who are selling to a non-immediate family member must conduct a background check through a Federal Firearm Licensee. However, immediate family members do not need background checks done to transfer firearms between one another. Immediate family is defined as spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles (in-laws do not apply). The firearm sold should not be transferred to any family member who is prohibited from purchasing and/or possessing firearm (CRS 18-12-112)
A person who violates a provision of this section commits a class 1 misdemeanor and shall also be prohibited from possessing a firearm for two years per state law. C.R.S. 18-12-112 (9)(a)
Colorado State Firearm Ownership Prohibitors
The following disqualifies a person in Colorado from purchasing a firearm.
- R.S. 18-12-108(3) and (4)(c) – Has Been Adjudicated Delinquent for a crime, which if committed as an adult, would be a felony.
- R.S. 18-3-204-Third Degree Assault- victim was LEO, Emergency Responder, Mental Health Provider in the performance of their duties. Pursuant to sentencing guidelines, an individual could receive a misdemeanor sentence of 24-48 months, thereby disqualifying a person per 18 U.S.C. §922 (g) (1).
In Colorado there are both state and federal disqualifications that will prevent buyer from purchasing a gun.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 02/07/22 from atf.gov/firearms/docs/guide/colorado-firearms-statutes-and-codes/download and csp.colorado.gov/i-want-to/colorado-gun-laws