PC §206 - SALE OF UNREGISTERED FIREARMS

CLASS F FELONY

(a) Definition

Sale of an unregistered firearm is defined as the unlawful transfer, exchange, or sale of a firearm to another person without properly registering the firearm as required by law.

Registration Requirements

  • Registration with a local law enforcement agency.

  • Registration with a state firearms registry.

  • Compliance with federal registration requirements for certain firearms.

(b) Elements of the Offense

To prove sale of an unregistered firearm, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant transferred, exchanged, or sold a firearm to another person.

  2. The firearm was not properly registered as required by law.

  3. The defendant acted knowingly and without legal authorization or justification.

(c) Defenses

Defenses to a charge of sale of an unregistered firearm may include, but are not limited to:

  • Lack of knowledge: The defendant did not know or have reason to know that the firearm was unregistered.

  • Legal authorization: The defendant believed in good faith that the firearm was properly registered, or the sale was authorized by law enforcement or other governmental authority.

  • Mistaken identity: The defendant was not the person who sold the unregistered firearm.

  • Necessity: The sale of the firearm was necessary to prevent imminent harm to oneself or others.

(e) Penalties

Violation of this section shall be punishable by:

  • Both imprisonment and a fine.

  • Enhanced penalties may apply for sale of unregistered firearms in connection with other criminal activity, such as trafficking or organized crime.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

120 SECONDS OF JAIL TIME.

BOND SET

$100,000.00

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