PC §207 - SALE OF FIREARMS TO UNLICENSED INDIVIDUALS
CLASS B MISDEMEANOR
(a) Definition
Sale of a firearm to an unlicensed individual is defined as the unlawful transfer, exchange, or sale of a firearm to a person who does not possess a valid license or permit to possess firearms as required by law.
(b) Elements of the Offense
To prove sale of a firearm to an unlicensed individual, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant transferred, exchanged, or sold a firearm to another person.
The recipient of the firearm did not possess a valid license or permit to possess firearms as required by law.
The defendant acted knowingly and without legal authorization or justification.
Licensing Requirements
Firearms may be subject to licensing or permitting requirements under state or federal law, including but not limited to:
Possession of a valid firearm owner's identification card (FOID) or concealed carry permit.
Compliance with background check requirements for firearm purchases.
Registration of certain types of firearms or firearms transactions.
(c) Defenses
Defenses to a charge of sale of a firearm to an unlicensed individual may include, but are not limited to:
Lack of knowledge: The defendant did not know or have reason to know that the recipient of the firearm was unlicensed.
Legal authorization: The defendant believed in good faith that the recipient possessed a valid license or permit to possess firearms, or the sale was authorized by law enforcement or other governmental authority.
Mistaken identity: The defendant was not the person who sold the firearm to the unlicensed individual.
Necessity: The sale of the firearm was necessary to prevent imminent harm to oneself or others.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
80 SECONDS OF JAIL TIME.
BOND SET
$8,000.00
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