Receive or Acquire in law

[poisonvamp]

What is the name of your state (only U.S. law)? Colorado

New Colorado Bill going into effect, trying to decipher this:

(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE OR
ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
NATURAL PERSON, THEN EACH NATURAL PERSON WHO IS AUTHORIZED BY
THE TRANSFEREE TO POSSESS THE FIREARM AFTER THE TRANSFER SHALL
UNDERGO A BACKGROUND CHECK, AS DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (1), BEFORE TAKING POSSESSION OF THE FIREARM.

My concern is a person at home that is allowed to possess a firearm but the firearm is not theirs but they have access to it. I know constructive possession applies, but how would "receive or acquire" be interpreted?

 

[FlyingRon]

"If the transferee is not a person" means the transferee is some sort of corporation or similar entity. If an entity receives such a weapon, then all the people the corporation allows access to it need to comply with the background check.

If you're the transferee is a person, then none of this applies.

 

[poisonvamp]

That's what I thought for that part.

The part that I'm trying to figure out:

"PERSON WHO DESIRES TO RECEIVE OR ACQUIRE A FIREARM FROM A TRANSFEROR"

What does "RECEIVE OR ACQUIRE" translate to in legal terms. Does handing a firearm to someone satisfy the "receive or acquire" clause? Does having access to it satisfy the clause?

 

[FlyingRon]

Transfer possession means letting them have the gun. The statute exempts loans for less than 72 hours. So if I give you my gun to go hunting and you return it tomorrow, then no I don't have to do a background check. If I give it to you for a week, then I do.

No the background checks will not catch the wife or friends of a felon obtaining a weapon and then giving it to the felon.