Question: How does a federal firearms licensee (FFLs) conduct a lawful transaction involving a non-licensed buyer and gun show vendor?
Answer: Colorado law (12-26.1-101) requires that "before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he or she shall: a) require that a background check, in accordance with 24-33.5-424, CRS, be conducted on the prospective transferee; and b) obtain approval of a transfer from the CBI after a background check has been requested by a licensed gun dealer, in accordance with 24-33.5-424, CRS." Colorado law requires compliance with federal law, which requires that all firearm transfers from an FFL are subject to the same laws and rules as any transfer occurring in the FFL's place of business.

Question: If an FFL has received a denial on a background check requested pursuant to CRS 12-26.1-101 (i.e. on a transfer involving a firearm owned by a non-licensee), does the FFL have to request a background check on the owner of the firearm prior to returning the firearm?
Answer: Although Colorado law does not require it, the FBI and BATF attorneys agree that federal law requires it.

Question: What if the prospective buyer and the non-licensed owner of the firearm are both denied?
Answer: This is a situation that is occasionally encountered by FFL's in consignment situations. Attorneys for the BATF have recommended that you treat this situation as you would with a consignment.

Question: Where can I find a current version of the firearms that the BATF considers "curios and relics"?
Answer: The BATF has an updated list of curios and relics on their website at www.atf.treas.gov. This website contains a link to the ATF website.

Question: Has the CBI considered having personnel on-site at the gun shows?
Answer: No. However, the CBI does plan to intermittently spot check for compliance to state law.

Question: Who should an FFL contact to determine if a gun is stolen?
Answer: Your local police or sheriff's office can run checks to determine if a particular firearm is listed as "stolen".

Question: What if the local police or sheriffs are unable to make the determination of whether an firearm is stolen prior to the transfer of a gun belonging to a private seller?
Answer: FFL's are required to obtain identifying information on both the firearm and the party to whom it is transferred. The local authorities will conduct the necessary follow-up, in the event the firearm in question is later determined to have been stolen.

Question: Should an FFL collect a fee and conduct a check involving a non -licensed gun show vendor (seller) and a prospective buyer when the firearm is considered a curio or relic?
Answer: Although Colorado law allows a non-licensed gun show vendor to transfer a curio or relic without a background check, federal law requires an FFL to conduct such a check if the transferee is not a licensed collector.

Question: Colorado law allows FFLs to charge a fee up to ten dollars to conduct background checks on what would otherwise be considered private sales. Who pays the fee, the gun show vendor (seller) or the prospective buyer?
Answer: The law does not state which party is responsible for payment, so this will have to be agreed upon between the buyer and the owner of the firearm. We recommend that if you are going to collect a fee, you should do so prior to calling the CBI. If this is your policy, you should clarify that the fee is not refundable in the event of a denial.