Posted: 7/17/2013 2:37:25 PM EDT
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This poorly-written turd of a law known previously as HB 13-1229 and now known as CRS 18-12-112 specifically exempts antiques and curios and relics from the private-party background check requirement. It does not require the transferror or transferee to hold a C&R license for the exemption.
CRS 18-12-112:
(6) THE PROVISIONS OF THIS SECTION DO NOT APPY TO: (a) A TRANSFER 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; 27 CFR 478.11:
Curios or relics. Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories: (a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof; (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less. So for any firearm 50 years old or older, or on the C&R list can still be bought and sold freely, privately, just like before 7/1/13! |
"The only real difference between the men and the boys, is the number and size, and cost of their toys."
NRA Life, GOA Life, CSSA Life, NRA Certified Instructor, FFL/SOT 07/C2
NRA Life, GOA Life, CSSA Life, NRA Certified Instructor, FFL/SOT 07/C2
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Originally Posted By Circuits:
This poorly-written turd of a law known previously as HB 13-1229 and now known as CRS 18-12-112 specifically exempts antiques and curios and relics from the private-party background check requirement. It does not require the transferror or transferee to hold a C&R license for the exemption. [div style='margin-left: 40px;']CRS 18-12-112: (6) THE PROVISIONS OF THIS SECTION DO NOT APPY TO: (a) A TRANSFER 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; [div style='margin-left: 40px;']27 CFR 478.11: Curios or relics. Firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories: (a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof; (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less. So for any firearm 50 years old or older, or on the C&R list can still be bought and sold freely, privately, just like before 7/1/13! So anything made before 1964 would qualify, interesting. I guess there are some really cool guns out there that I haven't checked out. This whole BGC law is a big pain in the ass. I couldn't even imagine all the implications before it passed. Range trips and camping trips are much more complicated now if you really wanted to follow the letter of the law. |
The zombies are coming...
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Originally Posted By stockli76:
Is this still accurate? Yes, they're still exempt. |
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@stockli76 Guess your query fell through the cracks, but hopefully you've not been sitting and stewing waiting for an answer, and I can get you sorted. A cruffler has no means or requirement to execute a 4473, on their own behalf, ever. A C&R FFL is a personal license. The things on your bound book are your personal property, and there's no need to "transfer them" off your C&R bound book to yourself, like a person with a business FFL held under a corporation would. Further you can sell or trade or gift them to other persons in Colorado who are of legal age and not prohibited, without involving a "real" FFL and executing a 4473. C&R and antiques are exempt from Colorado's otherwise-"universal" background check law. |
"The only real difference between the men and the boys, is the number and size, and cost of their toys."
NRA Life, GOA Life, CSSA Life, SAF Life, NRA Certified Instructor
NRA Life, GOA Life, CSSA Life, SAF Life, NRA Certified Instructor
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FA meaning full auto? If it's a machinegun, that still requires an approved Form 4 from ATF after paying a $200 tax, but would not have to involve an FFL or require a 4473. The approved Form 4 settles the federal paperwork issue, and the age of the item obviates the need for a dealer/4473 transfer under Colorado law. If FA means something else, I guess please clarify and I'll try to answer. |
"The only real difference between the men and the boys, is the number and size, and cost of their toys."
NRA Life, GOA Life, CSSA Life, SAF Life, NRA Certified Instructor
NRA Life, GOA Life, CSSA Life, SAF Life, NRA Certified Instructor