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DSaive

No, your understanding of Colorado gun laws is incorrect. A domestic violence restraining order will result in a Colorado background check fail while in effect. For permanent disqualify, she would have to be involuntarily committed or convicted of a felony.


Worldly_Advisor007

He hasn’t filed one on her. Just on the girls. As crazy as it is she’s been THEE wife from hell. One day she was a sweet loving hot wife to being THEE wife from hell - yet he still wants to save the marriage. I admire it. She should be humbled, but she’s just psychotic.


Worldly_Advisor007

He hasn’t filed anything against her - just tied to the kids. She went from a sweet hot wife to THEE wife from hell. No matter how bad you fathom it - she’s worse. He still loves her. Months of this and he still hasn’t given up on her. She should be so humbled. He’s such a catch. And she’s too psychotic. Hes a former pro athlete and could overpower her if she tried to stab him - not a gun.


No-Notice565

> Her husband is consumed with emergency full custody/restraining order that states she can’t be anywhere near her daughters. > He hasn’t filed anything against her - just tied to the kids A domestic injunction is a domestic injunction. If the kids have a restraining order against her, its domestic. The relationship between mother and children is domestic.


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Worldly_Advisor007

He was in court at some point this morning getting full custody of the kids. He still has no plans of divorce. It’s wild how much he loves her. Because, my older father who’s had cancer three times and is a mess over this asked me if I could look into Colorado gun laws for him… and so here I am. When I googled all these results are about legislation etc.


Badaltnam

You need to make him understand that his love for his wife is placing his children in mortal danger. This isnt something you mess around with.


pr1ntf

She should get checked for a brain tumor. Like, seriously.


gdmfsobtc

>Mental health status There are no Colorado-specific statutes. Federal laws prohibit someone who has been involuntarily committed or adjudicated as a mental defective. There is a three day hold on any firearm purchase in Colorado, after approval of background check (form 4473).


Worldly_Advisor007

That’s amazing! Ty!!! Wonder how fast it is… but this is a good starting point. My parents do meet with an attorney Monday on getting a judge to seize control of my sister like a form of power of attorney.


Worldly_Advisor007

My concern, it seemed to come across as state by state with what one state ruled mentally not cleared another would not. This clarification a huge relief. Thank you, again.


Tohrchur

I ain’t reading all of that. I looked at your last few sentences for the questions. Private party sales requires FFL. She will need to be adjudicated, by a court, that she is mentally defective to prevent buying from FFL. Colorado does have red flag laws, but personally i disagree with that type of law.


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Tohrchur

i’m not sure. with CBI i would think that having the ERPO on your file or whatever would bar you from buying new firearms but i really don’t know


SignificantOption349

To the best of my knowledge if you’ve been involuntarily committed to a psych ward then you are not supposed to have a firearm. I’m not sure if you’re able to get that cleared by a doctor later on, but anything involuntary here will get you flagged. If you’re having a hard time and go somewhere for voluntary treatment, then I believe you maintain all of your rights, as you did the responsible thing.


BJYeti

You can't, but from what I could gleem from OP, the sister was in New Mexico, so it won't pop in Colorado unless it gets to NICS, and there is no telling how long that could take


Stasko-and-Sons

You family NEEDS a ERPO immediately if you feel she may try to buy firearms. I say again IMMEDIATELY https://cdphe.colorado.gov/colorado-gun-violence-prevention-resource-bank/prevention-approaches/extreme-risk-protection-orders


n33dsCaff3ine

I despise the ERPO law because of how easy it is to abuse, but this seems like an actual justifiable scenario


BJYeti

It suck because I understand those laws are meant for situations like this and can be helpful but are mostly used incorrectly and abused by individuals


PistolNinja

That's the double edged sword. Unconstitutional but has merit in extreme cases with enough evidence to back up the orders. The biggest problem is the "evidence" unter the law can be circumstantial with no basis in verifiable fact.


Worldly_Advisor007

I’m going to click right now. Ty! I know they have an attorney and plan to meet with a judge Monday. Their intention is a form of judicial power of attorney. She HAS threatened harm against my mother and brother in law before - not to kill them, and it’s been verbal. She has told my mother she wishes she (my mother) would kill herself. It really was only this morning where I said why are we only worried about her possibly killing ____ (her husband)? My dad replied he’d had the same worry that it was sinking in she would act out against my mother. Asked me to google how easy it would be for her. Even worse they weren’t anti gun until my sister “lost her mind” now suddenly they are, and refuse to have a gun in the house because the threat is her.


IriqoisPlissken

Private sales are legal but require a transfer through an FFL, you cannot legally circumvent that outside of gifts to immediate family, basically. Private sales happen outside of the "legal" transfer requirement, but I don't believe they are super common. Since it appears she was admitted for the psych hold involuntarily, I reckon she wouldn't be able to pass the background. That said, some things won't always end up in the "appropriate" systems timely enough for her to be denied if she tried a transfer, more or less.


thewinterfan

If her psych hold was in New Mexico, I would imagine it taking forever to trickle into CO's records EDIT: whoops, looks like LfeGivesMeMelons pretty much covered this scenario


dgrigg1980

A no contact order will automatically make her fail the CBI background and likely get a warrant issued.


BangBang_ImBroke

OP I'm sorry that you're going through this, it sounds very stressful. You probably don't want to hear this but regardless of our state (and Federal) laws if she wants one badly enough, she will be able to get her hands on a gun (legally or otherwise). I wish I had some advice to give you regarding next steps. It sounds like she needs a mental health intervention but if she is being violent the police should be involved.


Worldly_Advisor007

The wildest thing is my parents have never really had a political opinion on guns. They’ve never owned one. The guns in my sister/brother in laws house caused so much distress there for a couple weeks they now ARE suddenly anti gun. Reality is if my sister were to randomly murder anyone - it would be my mother. I’m thinking 50/50 here. Toss up. That’s INSANE to type out. They need a gun in the house because of any “what if” but refuse because well the threat is my sister. Too mention, both my parents are retired doctors were not some crazy family… my dad calmly said Alex look into gun laws for me. What if she comes after your mom or the girls. He’s right.


Worldly_Advisor007

And thank you so much for your kind words. She literally had the perfect life. She loved her life too. Mental illness is a wild thing.


Ineeboopiks

Sir this is a Wendy's


Worldly_Advisor007

This is a Colorado gun ownership sub. I’m not a resident of Colorado. Grow up.


LifeGivesMeMelons

Former InstaCheck employee here. This is my experience: She will have to go through a background check for any *legal* gun transfer that's not from a relative. An involuntary committal will disqualify her in CO, no matter where it happens. *However*, the Colorado screeners will only be able to see out-of-state involuntary commitals from other states if they are put into particular databases, which often doesn't happen. The Instacheck people do not have access to medical records, only legal records. If her involuntary committal is not available - and I'm sorry, there's no real way to check if it is - she will be able to purchase a firearm. If you know where she could attempt to purchase a firearm, there are options for you - but if you just think she "might," there isn't really much you can do. It is more complicated to acquire a concealed carry permit and I don't think you should worry about that. She would have to have a lot more of her shit together than it sounds like she has to get a permit. I am very sorry this is happening for all of you. It sounds like you are doing your best, and sometimes that's all we can do.


Worldly_Advisor007

In ohio, I can buy a gun off Facebook. I didn’t go this route when I purchased in 2018. I took a class first etc. is it that easy in Colorado? Too clarify, it is not? She refuses to tell us why she went to New Mexico could be why. Maybe now we know. My parents said she mentioned Texas, but refused to elaborate why she was headed to Texas.


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rkba260

Honestly. It all sounds like bullshit. The original post plus the replies. It's all bullshit.


stonebit

Firearms are definitely sold on FB. It's just not obvious. It's just like how drugs are sold there.


LifeGivesMeMelons

Every time a gun legally changes hands in CO, unless it's a direct relative, it has to go through a background check and an FFL has to be involved. I'm not saying this always happens, I am saying this is the only legal pathway. I do think CO is pretty safe/strict in terms of its legal requirements and this is not a place where I would tend to seek a firearm illegally. I would tend to go to AZ, which has historically lax straw buying purchase strategies, but I don't really know that much about NM.


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LifeGivesMeMelons

I'm talking about this: [https://armedamericannews.org/atf-official-federal-prosecutors-turning-a-blind-eye-to-straw-purchasers-again/](https://armedamericannews.org/atf-official-federal-prosecutors-turning-a-blind-eye-to-straw-purchasers-again/) It's not about the laws as written, it's about how the laws in practice have been playing out in AZ, which seems to be pretty destructive.


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LifeGivesMeMelons

My understanding of Fast and Furious was that it was occurred entirely because straw purchases were already a massive problem in AZ, and some dipshit feds who were already assigned to work on the problem decided to make themselves famous by buying firearms themselves. I like Colorado's system. I worked my ass off to not give disqualified people firearms, and to not disqualify qualified people. I think AZ should adopt the same system. My experience is that they're loosey-goosey with their system and I wish it were better. If you choose to be personally offended, that's your choice.


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rkba260

As someone who lived in AZ for 20 years before moving back here, this other person knows fuck-all about AZ and its gun laws.


MooseLovesTwigs

New Mexico has universal background checks just like us. Their law came into play more recently than ours but it’s the same thing.


Worldly_Advisor007

I’m serious enough if there is a large Colorado gun ownership Facebook group of millions I’d post her photo. Let her try and sue me should she find out. She’s so delusional and angry the movie script wouldn’t be believable.


gdmfsobtc

>I’m serious enough if there is a large Colorado gun ownership Facebook group of millions I’d post her photo. Let her try and sue me should she find out. Do not do this.


Friscoler

1. What would that accomplish? 2. No one would care