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CRS 18-12-112.5

Colorado Firearms Transfers by Licensed Dealers — Background Check Required

Colorado Revised Statute 18-12-112.5 outlines requirements for firearms transfers in Colorado. Violation of this statute is a Class 1 misdemeanor punishable by six to 12 months in prison and $500 to $5,000 in fines. Firearms transfers carry requirements for universal background checks and mental health reporting.

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Penalties for Violating Firearms Transfers Requirements in Colorado

Charge Classification Penalty
Violation of firearms transfers statute Misdemeanor 1

 

Class 1: Six to 18 months in prison; $500 to $5,000 in fines; prohibited from possessing firearms for two years

Colorado Revised Statutes, CRS 18-12-112.5:

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18-12-112.52. Firearms Transfers by Licensed Dealers – Background Check Required – Penalty – Definitions. 

(1)(a) It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.(b) Transferring a firearm in violation of this subsection (1) is a class 1 misdemeanor.(2) This section does not apply to the sale of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.(3) As used in this section, unless the context otherwise requires:(a) “Licensed gun dealer” has the same meaning set forth in section 18-12-506.(b) “Transfer” has the same meaning set forth in section 24-33.5-424.

C.R.S. § 18-12-112.5

Have You Been Charged With or Arrested for Illegally Transferring Firearms in Colorado Springs or El Paso County?

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It’s important to understand that the consequences of failing to follow firearms transfer requirements are severe, resulting in hefty fines and jail time — even prison. For the prosecutor to convict you, they must convince a jury that you acted willfully or with negligence when you failed to comply with requirements for transferring firearm ownership. A conviction for this charge requires that a jury finds you guilty beyond a reasonable doubt. Still, to defend yourself against a charge of failure to comply with firearms transfer requirements, you need to be aware of how the law applies to your case and what the District Attorney in El Paso County needs to prove. Contact our criminal defense attorneys at Right Law Group to discuss your case.

FAQ: Colorado Firearms Transfer Regulations

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How much is a transfer fee for a gun in Colorado?

Before a firearm can be transferred to the recipient, the Colorado Bureau of Investigations must perform a background check. The fee for the background check is typically around $10, depending on the dealer’s fees. Once the background check is completed successfully, a transfer fee of $50 will need to be paid for the transfer to be complete.

Can you gift firearms in Colorado?

The transfer of firearms from one immediate family member to another does not require a background check to be performed. However, according to Colorado law, a firearm cannot be gifted to an individual prohibited from possessing or purchasing one. A background check must be performed if the gifted firearm will go to a non-immediate family member.

How long does it take to get a gun background check in Colorado?

It takes roughly 20 minutes to receive a pass or fail for a Colorado gun background check. The first step in the process is to fill out an A.T.F. Form 4473.

The form asks the firearm purchaser questions regarding their:

  • Felon status
  • History of domestic violence
  • Protective orders
  • Citizenship status
  • Drug addiction history

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