COLJI-Crim. H:67

The evidence presented in this case has raised the affirmative defense

of “permissible transfer” as a defense to [transfer of a firearm without a

background check] [accepting possession of a firearm without approval]

[insert a description of one of the other transfer offenses proscribed by

section 18-12-112].

The defendant’s conduct was legally authorized if:

[1. the transfer was of [an antique firearm] [a curio or relic].]

[1. the transfer was 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).]

[1. the transfer occurred [by operation of law] [because of the

death of a person for whom the prospective transferor was an

executor or administrator of an estate or a trustee of a trust

created in a will].]

[1. the transfer was temporary, and

2. it occurred while in the home of the unlicensed transferee, and

3. the unlicensed transferee was not prohibited from possessing

firearms, and

4. the unlicensed transferee reasonably believed that possession of

the firearm was necessary to prevent imminent death or serious

bodily injury to the unlicensed transferee.]

[1. the transfer was a temporary transfer of possession,

2. without transfer of ownership or a title to ownership,

3. which took place [at a shooting range located in or on premises

owned or occupied by a duly incorporated organization

organized for conservation purposes or to foster proficiency in

firearms] [at a target firearm shooting competition under the

auspices of, or approved by, a state agency or a nonprofit

organization] [while hunting, fishing, target shooting, or

trapping], if the hunting, fishing, target shooting, or trapping]

was legal in all places where the unlicensed transferee

possessed the firearm, and the unlicensed transferee held any

license or permit that was required for such hunting, fishing,

target shooting, or trapping].

[1. the transfer was made to facilitate the repair or maintenance of

the firearm, and

2. all parties who possessed the firearm as a result of the transfer

could legally possess a firearm.]

[1. the transfer was a temporary transfer that occurred while in the

continuous presence of the owner of the firearm.]

[1. the transfer was a temporary transfer for not more than

seventy-two hours.]

[1. the transfer was from a person serving in the armed forces of

the United States who was to be deployed outside of the United

States within the next thirty days,

2. to a spouse, parent, child, sibling, grandparent, grandchild,

niece, nephew, first cousin, aunt, or uncle of the person.]

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, [at least one of] the above numbered condition[s].

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of [transfer of a firearm without a background

check] [accepting possession of a firearm without approval] [insert a

description of one of the other transfer offenses proscribed by section 18-

12-112]. In that event, you must return a verdict of not guilty of [transfer of

a firearm without a background check] [accepting possession of a firearm

without approval] [insert a description of one of the other transfer offenses

proscribed by section 18-12-112].

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict concerning the charge of [transfer of a firearm without a

background check] [accepting possession of a firearm without approval]

[insert a description of one of the other transfer offenses proscribed by

section 18-12-112] must depend upon your determination whether the

prosecution has met its burden of proof with respect to the remaining

elements of that offense.