Skip to comments.Boulder Sheriff Joe Pelle: Buyback conforms with new Colorado guns laws
Posted on 07/13/2013 5:10:37 AM PDT by Second Amendment First
When his office was approached by a group of local faith leaders about working on a gun buyback event, Boulder County Sheriff Joe Pelle said he had a few questions about how they would conform with Colorado's new gun control laws.
Specifically, Pelle said he wanted to know how a recently passed state law requiring universal background checks for gun buyers and another new law banning the sale or purchase of gun magazines of greater than 15 rounds might impact the buyback.
After consulting Deputy County Attorney Dea Wheeler, Pelle concluded that as long as members of Together Colorado -- the buyback's organizing group, which bills itself as a "non-partisan, multi-racial, multi-faith community organization" -- pass required background checks, it should be fully legal for them to purchase firearms at the Aug. 4 buyback.
"Background checks are required on the purchaser, not on the weapon," Pelle said. "Some of the people from the nonprofit will need to go to a licensed (firearms) dealer and get their $10 check. They're all rabbis and ministers and stuff so hopefully they won't have any problem with that."
As for "high-capacity" magazines, under the state law that took effect July 1, it is illegal to buy or sell gun magazines that hold more than 15 rounds of ammunition. But that doesn't mean people could not bring such magazines to the buyback event for disposal, Pelle said. Together Colorado simply could not serve as a middleman in the transaction.
"The person would either have to elect to keep it or sign it over to us for destruction if they wish to," Pelle said.
(Excerpt) Read more at dailycamera.com ...
Not sure how it works now with the universal background check. You pay to get it at a FFL dealer like the Rev. in the article. Is it good for only that day, or a limited period of time?
If I have been holding a pistol belonging to my son for four years and return it to him, am I required by law to have him get a background check?
Is that his reading of the current law from his perspective as sheriff of the state of North Colorado?
If these dipsh!ts think I’d ever bring a 15, 20, 30, 60 or 75 round magazine, or anything else ‘firearm’ to a ‘buyback’ they are crazier than my old Aunt Annabel.
So, as long as I get a background check, I can "elect to keep" a "high capacity" magazine that has recently become illegal under Colorado law? Or, do I have to be a leftist gun grabber in Boulder, Colorado to be afforded that leeway?
And, legally, I would think that as long as a pro-gun person pays their $10 and gets their background check in the morning, they could set up a table down the road and offer a better price for a buyback of their own.
I just picked up a Vepr-12 from my local FFL last night,
and in addition to the $25 charge from the dealer, had to send an extra $10 to the State for the background check. It was approved, just as the it was the last couple of dozen times...and the public is a little bit safer because of it.
(sarcasm mode off)
So evil!! How do sleep at night, knowing that gun could suddenly jump up and start shooting children??
Heh. I’m actually debating making this my home defense gun (currently a Mossberg 590), but I’ll have to make sure it’s reliable first.
>>If I have been holding a pistol belonging to my son for four years and return it to him, am I required by law to have him get a background check? <<
If your son gave you something that was in a box or wrapped in cloth and asked you if it was permissible to store it at your residence for a few years, you have no obligation to question him as to what is in the box or what is wrapped in the cloth. If he didn’t tell you that it was a pistol what makes you believe it is a pistol?
Check this comment out in the Boulder Camera story:
“Pelle is crazy as a bedbug. I’m a Federally Licensed Firearms dealer (FFL) and I’ve read the new state law and fully understand its meaning. I better. I’m charged by both the federal government and the State to correctly and legally implement both federal and state background checks.
The instacheck is required for EACH transaction by each transferor (seller), not transferee (buyer). There’s no such thing as a blanket background check on a person to receive an unlimited number of firearms from an unlimited number of people.
Let me quote a few parts of the new Colorado law:
“A prospective firearm transferor (seller) shall arrange for the services of
one or more licensed gun dealers to obtain a background check. A
prospective firearm transferee (buyer) shall not accept possession of a firearm
unless the prospective firearm transferor (seller) has obtained approval of the
transfer from the bureau after a background check has been requested by
a licensed gun dealer.”
“A PROSPECTIVE FIREARM TRANSFEROR WHO IS NOT A
LICENSED GUN DEALER SHALL ARRANGE FOR A LICENSED GUN DEALER TO OBTAIN THE BACKGROUND CHECK REQUIRED BY THIS SECTION”
Note right above that the TRANSFEROR (seller) is the one to make the arrangement with the FFL (not the buyer) and that the TRANSFEROR (seller) has to obtain the approval before the transferee (buyer) can receive the firearm!
“A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK
ON A PROSPECTIVE TRANSFEREE SHALL RECORD THE TRANSFER, AS
PROVIDED IN SECTION 12-26-102, C.R.S., AND RETAIN THE RECORDS, AS PROVIDED IN SECTION 12-26-103,C.R.S., IN THE SAME MANNER AS WHEN CONDUCTING A SALE, RENTAL, OR EXCHANGE AT RETAIL. THE LICENSED GUN DEALER SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS, INCLUDING 18U.S.C. SEC. 922, AS IF HE OR SHE WERE TRANSFERRING THE FIREARM FROM HIS OR HER INVENTORY TO THE PROSPECTIVE TRANSFEREE.”
What this means is that the FFL doing the check must use Federal Form 4473 FOR EACH DIFFERNET TRANSACTION! A separate 4473 form and a separate instacheck and a separate fee must be made for each separate transfer, that is for each transferor (seller) tranferring a firearm. Each firearm being transferred by the transferor (seller) is listed on the form 4473 for that particular transfer, including manufacturer, model, serial number and caliber, and the total number of firearms being transferred. All of this MUST be noted by the FFL BEFORE requesting the instacheck. Additionally, the FFL MUST enter all of this information in their “Big Book”, recording the information about the firearms being transferred, as well as names, addresses, occupations, and ages of BOTH the transferor (seller) and the transferee (buyer) ! Thus there MUST be a separate 4473, separate instacheck, separate fee, and a separate Big Book entry for each different transfer.
“A LICENSED GUN DEALER WHO OBTAINS A BACKGROUND CHECK
FOR A PROSPECTIVE FIREARM TRANSFEROR PURSUANT TO THIS SECTION SHALL PROVIDE THE FIREARM TRANSFEROR A COPY OF THE RESULTS OF THE BACKGROUND CHECK, INCLUDING THE BUREAU’S APPROVAL OR DISAPPROVAL OF THE TRANSFER.”
Again, note that the FFL provides the TRANSFEROR (seller) the results of the instacheck for their proposed transfer, not the transferee (buyer).
Furthermore, all of this has to be done IN PERSON AT THE FLL’s place of business. It CAN NOT be done over the phone. This includes the fact that the firearms THEMSELVES have to be taken to the FFL’s place of business in person by the transferor and picked up in person by the transferee.
Pelle’s ignorance of this law is completely outrageous, not to mention that his advice puts every one of these buyback tranferee’s and tranferors in violation of the state law! “