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Thread: Gifting a handgun

  1. #1
    Regular Member twoskinsonemanns's Avatar
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    Gifting a handgun

    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.
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  2. #2
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    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;
    Last edited by jackrockblc; 07-28-2014 at 12:33 PM. Reason: Update with new info.

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    ...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/...018-12-112.pdf

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

    https://www.atf.gov/content/firearms...censed-persons

    http://www.atf.gov/files/firearms/in...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...
    Last edited by sheepdog; 07-28-2014 at 01:27 PM.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    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?}
    Last edited by mobiushky; 07-28-2014 at 03:55 PM.

  5. #5
    Regular Member OC Freedom's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    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.

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    In most states I don't believe it is illegal to store a firearm at some one else's home.
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    ...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...

  8. #8
    Regular Member solus's Avatar
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    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
    Last edited by solus; 07-28-2014 at 10:46 PM.
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  9. #9
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by solus View Post
    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

    Quote Originally Posted by solus View Post
    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
    Last edited by twoskinsonemanns; 07-28-2014 at 10:45 PM.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

  10. #10
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by sheepdog View Post
    ...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.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    ...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...
    Last edited by sheepdog; 07-28-2014 at 10:52 PM.

  12. #12
    Regular Member solus's Avatar
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    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
    Last edited by solus; 07-28-2014 at 10:53 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

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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...

  14. #14
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by sheepdog View Post
    ...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.

    Quote Originally Posted by solus View Post
    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.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

  15. #15
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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...

  16. #16
    Regular Member solus's Avatar
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    Quote Originally Posted by sheepdog View Post
    ...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
    Last edited by solus; 07-28-2014 at 11:46 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  17. #17
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    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
    Last edited by cch10000; 07-29-2014 at 09:46 PM.

  18. #18
    Regular Member solus's Avatar
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    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...
    Last edited by solus; 07-29-2014 at 10:42 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  19. #19
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    ...cch10000, this https://ccic.state.co.us/InstaCheck/...018-12-112.pdf says that an exception is made for those in (6), both in the first paragraph,(1), and below...is there a law that changes this one? this one took effect in July 2013...
    Last edited by sheepdog; 07-29-2014 at 09:59 PM.

  20. #20
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by solus View Post

    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.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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