HB 2

Abstract

Firearm sales; criminal history record information checks; penalty. Requires a background check for any firearm sale and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a background check from licensed firearms dealers. A person who sells a firearm to another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill also provides that a purchaser who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a background check before a firearm may be transferred. This bill incorporates HB 355 and is identical to SB 70.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill. This bill incorporates HB 355.

Firearm transfers; criminal history record informationchecks; penalty. Requires a background check for any firearm transfer anddirects the Department of State Police (the Department) to establish a processfor transferors to obtain such a check from licensed firearms dealers. Atransferor who sells a firearm to another person without obtaining the requiredbackground check is guilty of a Class 6 felony. The bill also provides that atransferee who receives a firearm from another person without obtaining therequired background check is guilty of a Class 1 misdemeanor. The bill exemptstransfers (i) between immediate family members; (ii) that occur by operation oflaw; (iii) by the executor or administrator of an estate or by the trustee of atestamentary trust; (iv) at firearms shows in accordance with law; (v) that arepart of a buy-back or give-back program; (vi) of antique firearms; (vii) thatoccur at a shooting range, shooting gallery, or any other area designed for thepurpose of target shooting, for use during target practice, a firearms safetyor training course or class, a shooting competition, or any similar lawfulactivity; or (viii) that are temporary transfers that (a) occur within thecontinuous presence of the owner of the firearm or (b) are necessary to preventimminent death or great bodily harm. The bill removes the provision that makesbackground checks of prospective purchasers or transferees at firearms showsvoluntary. The bill also provides that the Department shall have three businessdays to complete a criminal history record information check before a firearmmay be transferred. The bill establishes an appropriation for the fiscal impactof the bill and authorizes the Director of the Department of Planning andBudget to allocate such appropriation among the agencies and programs impactedby the bill.