Text: SF00487 Text: SF00489 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 724.31 TRANSFER OF FIREARMS
1 2 BETWEEN UNLICENSED PERSONS AT A GUN SHOW.
1 3 1. Any portion of a sale, lease, or other transfer of
1 4 firearms between two or more unlicensed persons at a gun show
1 5 shall be conducted through a federally licensed firearm dealer
1 6 on the premises of the gun show and shall comply with all
1 7 applicable federal and state laws. The dealer may charge a
1 8 transfer fee not to exceed five dollars. This subsection does
1 9 not apply to the sale, lease, or other transfer of firearms in
1 10 any of the following situations:
1 11 a. The person transferring the firearm or the person
1 12 acquiring the firearm is a licensed firearm dealer under
1 13 federal law.
1 14 b. The firearm acquired is an antique firearm, a
1 15 collector's item, a device which is not designed or redesigned
1 16 for use as a firearm, a device which is designed solely for
1 17 use as a signaling, pyrotechnic, line-throwing, safety, or
1 18 similar device, or a firearm which is unserviceable by reason
1 19 of being unable to discharge a shot by means of an explosive
1 20 and is incapable of being readily restored to a firing
1 21 condition.
1 22 c. The person acquiring the firearm is authorized to do so
1 23 on behalf of a law enforcement agency.
1 24 d. The person transferring the firearm and the person
1 25 acquiring the firearm are related to one another within the
1 26 second degree of consanguinity or affinity, unless the person
1 27 transferring the firearm knows that the person acquiring the
1 28 firearm would be ineligible to obtain a firearm under federal
1 29 or state law.
1 30 2. An unlicensed person who sells, leases, or transfers a
1 31 firearm to another unlicensed person, or an unlicensed person
1 32 who acquires a firearm from another unlicensed person, without
1 33 the sale, lease, or transfer conducted by a federally licensed
1 34 firearm dealer, commits an aggravated misdemeanor.
1 35 3. A person who sells, leases, or transfers a firearm to
2 1 another person, who the transferor knows or has reason to know
2 2 is prohibited from possessing firearms under federal or state
2 3 law, commits a class "D" felony.
2 4 4. As used in this section, the term "gun show" means the
2 5 entire premises of an event or function, including but not
2 6 limited to parking areas for the event or function that is
2 7 sponsored to foster, in whole or in part, the sale, lease, or
2 8 other transfer at which:
2 9 a. Twenty-five or more firearms are offered or exhibited
2 10 for sale or transfer, or
2 11 b. Not less than three gun show vendors exhibit, sell,
2 12 offer for sale, transfer, or exchange firearms.
2 13 EXPLANATION
2 14 This bill creates new Code section 724.31, relating to the
2 15 sale or transfer of firearms between unlicensed persons at a
2 16 gun show and providing penalties.
2 17 The bill provides that any portion a sale, lease, or other
2 18 transfer of firearms between two or more persons at a gun show
2 19 shall be conducted through a federally licensed firearm dealer
2 20 on the premises of the gun show. The bill specifically
2 21 excludes transfers of firearms between persons where one
2 22 person is a federally licensed firearm dealer, transfers of
2 23 firearms to persons authorized to do so on behalf of a law
2 24 enforcement agency, and transfers of firearms between
2 25 relatives, unless the relative transferring the firearm knows
2 26 or has reason to know the person to whom the transfer is made
2 27 would be ineligible to obtain a firearm under state or federal
2 28 law. The bill further excludes antique firearms, collector's
2 29 items, a device not designed or redesigned for use as a
2 30 firearm, a device designed solely for use as a signaling,
2 31 pyrotechnic, line-throwing, safety, or similar device, or a
2 32 firearm which is unserviceable.
2 33 The bill further provides that an unlicensed person who
2 34 sells, leases, or transfers a firearm to another unlicensed
2 35 person, or an unlicensed person who acquires a firearm from
3 1 another unlicensed person, without going through a federally
3 2 licensed firearm dealer commits an aggravated misdemeanor. An
3 3 aggravated misdemeanor is punishable by confinement for no
3 4 more than two years and a fine of at least $500 but not more
3 5 than $5,000. A person who sells, leases, or transfers a
3 6 firearm to another individual who the transferor knows or has
3 7 reason to know is prohibited from possessing firearms commits
3 8 a class "D" felony. A class "D" felony is punishable by
3 9 confinement for no more than five years and a fine of at least
3 10 $750 but not more than $7,500.
3 11 The bill further provides a definition of "gun show" to
3 12 mean the entire premises of an event or function, including
3 13 but not limited to parking areas for the event or function
3 14 that is sponsored to foster, in whole or in part, the sale,
3 15 lease, or other transfer at which either 25 or more firearms
3 16 are offered or exhibited for sale or transfer, or not less
3 17 than three gun show vendors exhibit, sell, offer for sale,
3 18 transfer, or exchange firearms.
3 19 LSB 1672SV 79
3 20 rh/cls/14
Text: SF00487 Text: SF00489 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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