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Thread: A little help

  1. #1
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    Hey-
    I am a 19 year old citizen of the united states, and of Colorado. I am having some difficulty understanding state and federal laws regarding private transfer so that i might obtain through legal means; a handgun.

    Question one: If i obtain a handgun through a private transfer do i need to fill out any sort of paperwork?

    Question two: If i obtain a handgun through a private transfer in another state...oh say Wyoming... can i bring it back to Colorado legally? and if so is there any special paperwork or anything that i would have to fill out


    I would greatly appreciate a little help...the bureaucracy surrounding my constitutional rights is astounding.

  2. #2
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    Welcome to the forums!
    IANAL!!!!!!!!!!!
    Right off the bat, under 18 purchase, possession, carry of a handgun is illegal.
    If you're 19, then you cannot purchase a handgun via standard legal means thru NICS. Private sale of a handgun under 21 is hazy tho, can someone clarify that? I know that you can gift or give thru inheritance a handgun to an 18-21 yr old, but I think thats really about it.

    Now, you can OC/posess a handgun under 21, but cannot conceal. You also cannot apply for a permit under 21.

    As far as bringing it from WY, I'm not sure, best to consult the Colorado Revised Statutes...

  3. #3
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    IANAL

    Colorado law has little to say about gun sales, Federal law is pretty much the guideline. For a private transfer in Colorado you don't need any paperwork. The general Federal possession/transfer laws apply (legal resident/citizen, not a felon, mentally sound, no addiction, etc: 18 USC section 922 (d)).

    18 USC section 922 (b)(1) prohibits an FFL from selling a handgun to anyone under 21. 18 USC section 922 (x)(1) allows private handgun sales to anyone 18 or over.

    The inheritence exception Ernie mentions is for someone under 18, 18 USC section 922 (x)(2).

    You cannot buy a gun out of state without going through a FFL, 18 USC section 922 (a)(3), and your age prohibits that for a handgun. Your only option is a private purchase in Colorado.

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    Evil Ernie wrote:
    Now, you can OC/posess a handgun under 21, but cannot conceal.
    In Colo. you can conceal in your car without permit at age 18.

  5. #5
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    IMO - you can buy a gun for another person for a gift as long as he is not prohibited from owning a gun. If the person would not normally be able to purchase a gun themselves and you buy it for them to get around any gun laws...then it is a straw purchase and it is illegal. Otherwise...perfectly legal.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
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    There is no federal law against a private transfer of a handgun to an 18 year-old:

    18 USC 922(x)(1)

    (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile--
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun

    A "juvenile" as defined in that section us someone under 18. Colorado has no law against it either:

    CRS 18-12-108.5

    (1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person's possession

    So you are good.

  7. #7
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    Centsi got it right. As long as private transfer under 21 is not prohibited at the state level you should be good for purchasing privately in state. No purchases out of state or FFL transfers.

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