Buying and Selling Guns
18-12-111 Unlawful purchase of firearms
It is a felony for any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law.
It is a felony for any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law.
Who cannot possess a firearm?
Federal Prohibited Persons
The following are federally prohibited persons:
The following are federally prohibited persons:
- Anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (felony case is in court--you've been arrested, but not yet convicted)
- Anyone convicted of a crime punishable by imprisonment for a term exceeding one year; (a felon)
- A fugitive from justice;
- An unlawful user of or addicted to any controlled substance; (including marijuana, medicinal or not)
- Anyone adjudicated as a mental defective or has been committed to any mental institution;
- An illegal alien;
- Anyone discharged from the military under dishonorable conditions;
- Anyone who has renounced his or her United States citizenship;
- Anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
- Anyone convicted of a misdemeanor crime of domestic violence.
Dealer Sales
Background checks for all sales are mandatory.
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
State law for state Brady Check Point of Contact 24-33.5-424
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
State law for state Brady Check Point of Contact 24-33.5-424
Universal Background Checks (Private Sales) 18-12-112
Private, face-to-face, gun sales are illegal in Colorado. All gun sales MUST proceed through a dealer.
No one Is bound to obey an unconstitutional law and no courts are bound to enforce it. (more)
Frontier Carry does not support banning private gun sales. If you choose to disobey this section, you do so at your own risk.
If a private person wishes to sell or transfer a firearm to another private person, they must first appear in person at a licensed dealer who will conduct the sale or transfer as required by federal law. This includes a sales record and background check. During period between the request of the background check and the actual sale/transfer of the firearm, the licensed dealer would take possession of the firearm. Dealers may charge a $10 fee.
The exemptions to the law are:
Current federal law prohibits:
Variations of this same law have been implemented across the country. The ultimate goal is to force gun registration through reporting of dealer sales. Nevada Carry has detailed information on universal background checks.
The exemptions to the law are:
- Sales/transfer to a law enforcement agency or any peace officer, armed security guard, federal official, or member of the armed forces.
- An antique firearm;
- Family sales or transfers.
- Transfer to an estate/trust upon the owner’s death.
- A temporary transfer would be permitted for self-defense under ambiguous definitions of “imminent” and “immediately necessary.”
- Temporary transfers would also be allowed at an established shooting range (presumably gun rental ranges);
- A competition;
- A public performance by an organized group (does not define either ‘public performance’ or an ‘organized group’);
- While in the presence of the transferor.
Current federal law prohibits:
- Unlicensed 'street dealers'
- Selling or transferring firearms or ammunition to someone while "knowing" or having "reasonable cause to believe" the buyer is a prohibited person.
- Fraudulently buying a firearm on behalf of another; 'straw purchase' (not a gift).
Variations of this same law have been implemented across the country. The ultimate goal is to force gun registration through reporting of dealer sales. Nevada Carry has detailed information on universal background checks.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Colorado does not ban the sale of any category of firearm. Denver may make its own gun control regulation and does ban assault weapons. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Colorado does not ban the sale of any category of firearm. Denver may make its own gun control regulation and does ban assault weapons. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
