[splatman]

I am a Colorado resident seeking the lawful method of selling a firearm to a private party given the recent gun laws that are currently in effect for the state of Colorado.

This is what I learned after speaking with the Colorado Bureau of Investigations (CBI) and several FFL (gun) dealers in the Fort Collins area. In order to sell a firearm legally, it must first be transferred into the inventory of a FFL dealer. The gun dealer would then run a background check on the buyer. If the buyer passes the check, all is good and the buyer can take legal possession of the firearm. However, if the buyer fails the background check, the gun is not automatically returned to the seller. The FFL dealer is required to run a background check on the seller so that the seller can retake legal possession of the firearm. If by some glitch the seller cannot pass a background check, the seller cannot take possession of the firearm, and the FFL dealer would be required to turn the firearm over to the local authorities. According to the CBI, background checks cannot be done in advance on the buyer and seller to ensure there are no glitches in the transaction. This law is risky for both the buyer and the seller. The seller will want the money for the firearm upfront before transferring the firearm to the dealer since there is a chance that he may not be able to regain legal possession of his own firearm (he may fail the background check for some reason or there is a glitch in the system). The buyer will not want to pay the money upfront to the seller unless he can pass the background check first. For law abiding citizens, such fears are not unreasonable. For example I recently received a letter from the Colorado Department of Labor that I was extradited to California on charges which is completely bogus and scary at the same time. Anyhow this legal intimidation to both the seller and the buyer will make it difficult for law abiding citizens to sell their guns to private parties.

Since Colorado law does not mandate FFL dealers to assist citizens with the private sale and transfer of firearms (according to the CBI), most FFL dealers in this area are not willing to run background checks for private citizens for several reasons most of which I think are bogus. Some dealers say that they cannot cover the cost of doing such business since the law caps what they can charge to run a background check. Other FFL dealers say that they just don’t understand the fine details of the law and don’t want to hassle with it. The fact is that these FFL dealers can charge a transfer fee and help the shooting community sell their firearms to private parties. The transfer fee can be set so as to cover the cost of providing this service. My feeling is that if a FFL dealer is not willing to assist in a private firearms transaction for a fee, then don’t do business with them and give them a piece of your mind. Of course they may even approve of this law because it forces people like you and me to purchase guns from dealers instead of private parties. This clearly impedes your ability to sell your private property. Since an automobile can be used to kill someone how come I’m not required to run a background check on the buyer of my vehicle?



California has similar laws but their law requires that FFL dealers run background checks for the private sale and transfer of firearms. Sportsman’s Warehouse in California got stuck with many guns (so I have been told by the CBI) because the sellers could not pass a background check to get their firearms back. This is supposedly the reason why Sportsman’s Warehouse in Colorado has decided not to participate in the private sale and transfer of firearm in Colorado. In my opinion this is a poor excuse and a good demonstration of how not to support the 2nd amendment.

As for me I want to legally sell a collectors firearm. It is a Browning model 71 High Grade 348 Winchester. I am afraid to do so. I have bought a few guns over the last year, and passed a background check without any hitches. However if I try to sell my gun legally under the new Colorado laws, and there is a glitch in the system, I could lose my gun. A chance I am not willing to take especially with a collector gun. So in essence my hands are tied and I cannot freely sell my private property. I am a concerned Colorado citizen wishing I was living somewhere else right now.

-splatman