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UNLAWFUL SALE OR TRANSFER OF WEAPONS


In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver.


The offense of unlawfully transferring a handgun for an unlawful use or act is normally punished as a felony.

In some states, a person commits an offense if he or she intentionally or knowingly sells, rents, leases, or gives any firearm, club, or illegal knife to a minor. A "firearm" for purposes of this offense means any device that is designed, made, or adapted to expel a projectile through a barrel by an explosion or by a burning substance. The term "firearm" includes handguns, rifles, and shotguns. An "illegal knife" means any knife with a blade over a certain number of inches, a hand instrument that is designed to cut or stab another person by being thrown, a dagger, a bowie knife, a sword, or a spear. Short, personal knives, such as pen knives or pocket knives, are generally not considered illegal knives. A "club" is defined as any instrument that is made, designed, or adapted for inflicting serious bodily injury or death by striking a person. The word "club" includes blackjacks, nightsticks, tomahawks, or nun-chucks.


A person who is charged with the offense of unlawfully transferring or selling a firearm, a club, or an illegal knife to a minor may claim as a defense that the minor's parent or legal guardian gave written permission for the sale. If the transaction is other than a sale, the person may claim as a defense that the minor's parent or legal guardian effectively consented to the transfer.


The offense of unlawfully transferring or selling a firearm, a club, or an illegal knife to a minor is normally punished as a misdemeanor. If the firearm is a handgun, the offense may be punished as a felony.

In some states, a person commits an offense if he or she intentionally, knowingly, or recklessly sells a firearm or ammunition for the firearm to a person who is intoxicated. For purposes of this offense, a person is intoxicated when his or her mental or physical capacity is substantially impaired as a result of alcohol, drugs, or any other substance.


The offense of unlawfully selling a firearm or ammunition for the firearm to a person who is intoxicated is normally punished as a misdemeanor. The offense may be punished as a felony if the firearm is a handgun.

In some states, a person commits an offense if he or she knowingly sells a firearm or ammunition for the firearm to a person who has been convicted of a felony within a certain number of years. The offense is normally punished as a misdemeanor. If the sale involves a handgun, the offense may be punished as a felony.


In some states, a person commits an offense if he or she sells, rents, leases, or gives a handgun to another person with the knowledge that the other person is subject to an active protective order. An active protective order is a court order that prohibits a person from having contact with a protected person. The offense is normally punished as a felony.


Copyright 2007 LexisNexis, a division of Reed Elsevier Inc.




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