The C&R part of Colorado Transfer Law


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Keb
March 23, 2013, 09:17 PM
Now that the July 1 law has passed, I think it is a good time to address a handy exception to the new Background Check Law for Colorado.

About four pages into the law there is an exception for Antique firearms, and the another exception for guns as described in the Federal code 18, and then as referenced in the Federal definitions under 27 CFR 478.11 CURIO AND RELICS which says:

COMMERCE IN FIREARMS
pharaphrase.... definition...Curio and Relics
a) firearms made 50 years prior to the current date
b) museum curator certified
c) historic person or event

This does not refer to you having a C&R Federal licence. It sets all 50 year old guns as exempt from the BGC law.

From the State's side, older guns are almost always low capacity 7 shot autos or revolvers. But to avoid legal hassels, we will be free to deal or loan resident to resident in 1962 or older come July.




https://docs.google.com/viewer?a=v&q=cache:t7SZonz-f-AJ:www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/590C29B4C02AFC2F87257A8E0073C303?Open%26file%3D1229_01.pdf+colorado+senate+bill+1229&hl=en&gl=us&pid=bl&srcid=ADGEESgBvhJaV0ozBnVJBmg9Md_1szGZydTLhxJkGWznn3nSmnBPhzKuZs98btTDYILhxx-okdqWVuQWEXcbpVZbcSOuu-u-jIfyo5dt-RTTTWeBnVAxT8tK-rEgrheKUFR0rbIE7fEk&sig=AHIEtbQ-By7SnPSPGAfY23QvujsHU7PrRw


In another post nearby, someone reported about the Fix Gun Check Act. Much of that is right in the Colorado Law.

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racenutz
March 23, 2013, 09:47 PM
I wonder if they realize the first Colt SP1's are nearly that old.

Keb
March 24, 2013, 12:27 AM
See how stupid this is....

You can lend a firearm to a hunter to use where it is legal to hunt, fisherman where it is legal to fish.

But in engaging in these activities that person is often temporarily at places where the activity is illegal. You not hunt within 50 feet of the centerline of a road. Sometimes you must unload and pass thru closed areas. The way the law reads, in that transit the transferee is illegal, and the transferor is liable.

Fishermen often have to unbait to cross closed areas. Same issue.

So last week a person near Colorado Springs had their Dachound seized and devoured by a cougar. That person or others going rafting, atv, birdwatching, horsebacking, etc. are all excluded from 2nd A Rights of temporary possession.

jarvis2212
March 24, 2013, 02:15 AM
I haven't been to Colorado to hunt for four years, which has been my draw period, but I wonder if they really want us nonresidents to keep coming. I know they love the high dollar permit sales.

Keb
March 24, 2013, 01:41 PM
Colorado bought into this: see how similar to what the Democrats did:

‘(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s inventory to the unlicensed transferee.
‘(2) Paragraph (1) shall not apply to--
‘(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
‘(B) a transfer made from a decedent’s estate, pursuant to a legal will or the operation of law;
‘(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if --
‘(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
‘(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
‘(iii) the transfer has a duration of less than 7 days; and
‘(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
‘(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;
‘(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; and
‘(iii) while hunting or trapping, if--
‘(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
‘(II) the temporary transfer of possession occurs during the designated hunting season; and
‘(III) the unlicensed transferee holds any required license or permit.
‘(3) For purposes of this subsection, the term ‘transfer’--
‘(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
‘(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.
‘(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
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‘(B) Regulations promulgated under this paragraph--
‘(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
‘(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).’.

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