Colorado Gun Owners

Full Version: Im 19 looking to get a handgun
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I am 19and I know I can own a handgun, but I know I can't buy one till Im 21. So can I get a friend over 21 to buy the gun for me and then give it tome or do my parents have to buy the gun for me and then give it to me. 

Thank 
However one does it, it's important not to run afoul of the "straw buyer" laws. If someone else fills out the paperwork and you are the real purchaser, it's a big No No to the powers that be. (And that's true regardless of your ages, criminal background, etc.; you can be a totally legal buyer but if someone else buys it for you and fills out the paperwork, jailtime city.)

I have no idea how to get around this in your situation.
(02-17-2015, 06:41 PM)galenstanger Wrote: [ -> ]I am 19and I know I can own a handgun, but I know I can't buy one till Im 21. So can I get a friend over 21 to buy the gun for me and then give it tome or do my parents have to buy the gun for me and then give it to me. 

Thank 

The problem is that FFLs can't transfer a handgun to someone under 21, and now with Colorado's required background check, all transfers must go though an FFL. Catch 22 (by the anti-gunners design, I might add. It was deliberate).

There are a few exceptions. The one you might be able to use is C.R.S. 18-12-112 section 6, which contains a list of exceptions that do not require a background check, specifically (b):

(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;

Note the use of "bona fide" this means (for example) you can't pay/reimburse your parents to buy the gun and then give it to you, that's a straw purchase and a felony. It has to be a true, uncompensated gift.

There you have it.

O2
^^what he said.
(02-18-2015, 10:12 AM)O2HeN2 Wrote: [ -> ]The problem is that FFLs can't transfer a handgun to someone under 21, and now with Colorado's required background check, all transfers must go though an FFL. Catch 22 (by the anti-gunners design, I might add. It was deliberate).

There are a few exceptions. The one you might be able to use is C.R.S. 18-12-112 section 6, which contains a list of exceptions that do not require a background check, specifically (b):

(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;

Note the use of "bona fide" this means (for example) you can't pay/reimburse your parents to buy the gun and then give it to you, that's a straw purchase and a felony. It has to be a true, uncompensated gift.

There you have it.

O2

Thanks for the info man it really helps!!!
Nope, sorry. The DA will disagree. You must be 21 to own a hand gun legally. No way around it.

You could always try it and argue it in court and see how it works out.

I would not take a chance. But there are many out there that do illegal things and don't expect to get caught. You can't carry it. If you had it in your car and were stopped, the police would lock you up first and ask questions later. And if all that happened, you can be sure that incident would follow you to thr FFL in the future.

Is it worth it?

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(09-13-2017, 08:29 AM)rglassma Wrote: [ -> ]You must be 21 to own a hand gun legally. No way around it.

Cite?

O2
To PURCHASE a gun, you must be 21+, yes. To purchase handgun ammunition at a store, you need to (usually) be 21+. But to OWN/POSSESS a handgun - no.

Check out this page, and also look up C.R.S. 18-12-108.5 (sorry, can't link directly to the statute itself). None of it mentions that possession or ownership under 21 is illegal (but does make it illegal if under 18, with several exceptions).

Now, a DA can charge for anything they want. Hell, (in another state), there was a case where a fairly famous person was convicted of being "too annoying". Yes, that happened. But it doesn't mean it's illegal; one may have to fight the courts. 

The DA isn't the law. S/he is the state's prosecutor. Sure, they can publish opinions, but it's ultimately appellate cases and statutes that are the law.
By the time you fight it out, you will be 21. If in doubt, contact the state attorney and ask. Simple solution.

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(09-18-2017, 09:18 PM)rglassma Wrote: [ -> ]If in doubt, contact the state attorney and ask.

You asserted, you're the one that needs to defend your position.  ...and you can't, there's no such law.

As JackRock stated, you need to be 21 to PURCHASE a handgun. You can be younger and leagally own one, but the only way to have that happen in Colorado is for it to be a bonafide gift from someone that can legally give it to you.

O2
Yes. You are correct. I stand corrected based on some research as well.

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