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Colorado Firearms Transfers

Colorado Springs Firearms Transfers Lawyer

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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.

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:

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?

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.

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Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

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

Once the form is completed and all questions have been answered with a “no,” the dealer will need to submit the form electronically to the C.B.I InstaCheck Unit and receive a decision.