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Posted: 1/1/2006 11:33:28 AM EDT
[Last Edit: 1/1/2006 11:34:21 AM EDT by SkagSig40]
I was wondering if anyone can tell me the law on a person selling a firearm in private? I have heard several things that contridict each other. Can I sell a hand gun or rifle that I legaly bought to another person without any paperwork or background check? What happends if that firearm is used in a crime and the cops come knocking on my door? Am I liable for the crime because I originally bought the gun and then sold it to someone later? Thank you for any info!
Link Posted: 1/1/2006 11:52:46 AM EDT
As long as the person can legally own the gun you can sell it to them. I have heard you are supposed to keep their name and address for 10 years after the sale. I don't think it is actually legally required but might be a good idea.
Link Posted: 1/1/2006 1:07:50 PM EDT
As long as the person is in state, and you are not at a "Gun Show", it is legal to buy and sell as long as it is not for profit.

maybe someone will be along to clarify further.

It doesn't hurt to be reasonably certain that the purchaser is not a "prohibited person"


Disclaimer- The above should not be taken for legal advise.
Link Posted: 1/1/2006 5:21:19 PM EDT
You can sell hand guns and long guns to any resident of your state who is of legal age and is not further prohibited from possessing firearms. There is no requirement to do a background check or keep a person's name for any length of time. At its simplest, the transaction can be cash-and-carry with a wave goodbye. At a minimum, I ask for proof of age and residence (driver's license). Some buyers want a Bill of Sale, or some sellers require one as proof of the transaction. You can sell your firearm for a profit, but if you engage in a lot of transactions you may be deemed to be "in the business", for which you will need an FFL. Onesy-twosey sales for profit are OK. It is OK to rotate your personal collection and nothing requires you to sell at cost or take a loss.

As for your liability, you have none after the sale -UNLESS- you live in a state that uses nebulous language that requires you to "reasonably know" that your purchaser was inelligible. But who can know that? I know of no such language in Colorado.
Link Posted: 1/1/2006 8:47:29 PM EDT
Thank you gentelmen! What happens if the law changes and private sales become illeagal and a gun you sold long before is used in a crime and the cops come knocking wanting to know wbout your gun? What do you do in that situation?
Link Posted: 1/1/2006 10:01:59 PM EDT
Ex post facto laws are prohibited, so the new law would apply to activity that occurs after its passage.
Link Posted: 1/2/2006 5:49:31 AM EDT
[Last Edit: 1/2/2006 5:50:45 AM EDT by jim]
Thank you gentelmen! What happens if the law changes and private sales become illegal


then the price of "privately owned" firearms will go through the roof.
lexington is correct.
i ask them if they are prohibited from owning a firearm. not that you would get a straight answer from someone who can't. if it makes you feel better write a bill of sale (2 copies) one for you and one for the buyer.
most of my horse trading has been done through this and other gun related sights. as many people reside in co, you might be surprised at who knows who.
if you don't feel comfortable with an interested buyer don't sell to them.
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