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Colorado Specific Question Sale To An FFL At A Gunshow.

Discussion in 'Legal' started by Treo, Dec 19, 2008.

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  1. Treo

    Treo member

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    My wife wants to sell her Taurus PT92 at the next gunshow (assuming I don't find a local buyer first).

    Anyway my question is, if she sells it to an FFL is he required to do a background check? What about a vendor who's NOT an FFL ?

    The reason I ask is Colorado law requires a background check for all sales that take place at a gunshow, ( Thank you John McCain) and I wondered how that applied to a sale to a vender/dealer
     
  2. mgkdrgn

    mgkdrgn Member

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    You mean, like is the FFL going to do a background check on -himself- as the buyer? I've never heard of doing a background check on a -seller-.
     
  3. Treo

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    At the Sertoma shows the FFLs don't do the background checks. They have one booth were Sertoma people do background checks for any one that's buying.

    That's kind of the basis for my question because the last time I bought a gun there the guy doing the checks told me that if I failed (not that I would) the background check the seller would have to pass a check before they could release the gun back to him.

    Makes no sense but that's what I was told.
     
  4. subknave

    subknave Member

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    "That's kind of the basis for my question because the last time I bought a gun there the guy doing the checks told me that if I failed (not that I would) the background check the seller would have to pass a check before they could release the gun back to him. "



    That does not sound right unless it was a private seller. By definition a FFL holder can buy guns without a background check and is required only to log it into his books. I can't see how colorado could have a law saying that anytime the buyer failed a background check the FFL had to run a check on himself to take back his property? What happens when he buys guns from a distributor? I am sure they don't do background checks on FFL holders. I have never heard of an background check for a seller either.
     
  5. Bubba613

    Bubba613 member

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    An FFL is exempt from background checks. A seller is not required to submit to a background check.
    iow, whoever told you this is full of it.
     
  6. Treo

    Treo member

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    Maybe they were talking about vendors who were selling from their private collections
     
  7. Bubba613

    Bubba613 member

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    A seller is not required to submit to a background check. Period. I have bought many guns off private individuals. Some of them I strongly suspect would fail the check. In at least one case the person was from out of state and so ineligible to buy any handgun. It's not an issue.
     
  8. MAKster

    MAKster Member

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    What the OP is describing sometimes happens with internet sales if the deal falls through. Say a person buys a gun over the internet from another individual and it is shipped to his local dealer. The buyer then fails the NICS check. I've heard of many cases where the dealer will not ship the gun back to the seller without doing a NICS check on him. The situation being described with an intermediary doing the NICS checks at the gun show would be similar.
     
  9. GeezerwithGuns

    GeezerwithGuns Member

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    Why not post it on ColoGunMarket.com and sell it privately? It is a very active gun trading/selling forum. It is perfectly legal in Colorado to sell your gun(s) to another Colorado resident of legal age face-to-face without the trouble and expense of going through an FFL.
     
  10. Zundfolge

    Zundfolge Member

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    NOT at a "gun show" in Colorado. Here ALL sales at gun shows (private and dealer) are required to go through a background check.

    After Columbine, Colorado passed one of the nations first "Gun Show Loophole Closure" laws.

    That's one reason why gun shows here suck (unless you're there to buy accessories and jerky).

    I would second using www.cologunmarket.com , however you have to be a member of RMGO to post there. Another good option is the Colorado AR15 forum (its free to sign up to like THR)
     
  11. Treo

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    actually we were thinking of selling it to an FFL But I'll try Colorado AR15 forum
     
  12. mgkdrgn

    mgkdrgn Member

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    And NOW you know why many FFL's will not -accept- a shipment from a non FFL.

     
  13. Zundfolge

    Zundfolge Member

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    Ah, I see.

    Yeah, going the private sales to an individual route is much more likely to yield a higher price. Most dealers are going to give you less than bottom dollar for a used gun.

    I've bought a couple guns off the Colorado AR15 site ... good folk there.

    The Gazette also runs ads for firearms in the classifieds (but of course that's not free).


    EDIT I was going to say there's already someone over there with a PT92 for sale ... but then I'd have looked awful silly wouldn't I :p


    You could also run that same ad here on THR ... lots of folk post ads here for FTF only deals.
     
  14. mgkdrgn

    mgkdrgn Member

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    Ya, it's that whole "making a living" thing. They can't buy it from you for what they can resell it for and keep eating on a regular basis.


     
  15. Zundfolge

    Zundfolge Member

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    There was nothing critical in what I said, but the simple truth is that BECAUSE they have to make a living there is no way that selling to a dealer is going to yield a good price. So since there are other options Treo should take them.

    Are you suggesting that Treo sell his gun at a lower price to a dealer just to make him happy? I suppose we should start an FFL's union and ban private sales too (ok, now I'm just being hyperbolic at your expense :neener: )
     
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