PC §208 - SALE OF FIREARMS TO A CONVICTED FELON
CLASS F FELONY
(a) Definition
Sale of firearms to a convicted felon is defined as the unlawful transfer, exchange, or sale of a firearm to an individual who has been previously convicted of a felony offense, and whose firearm possession rights have not been restored under the law.
(b) Elements of the Offense
To prove sale of firearms to a convicted felon, 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 has been previously convicted of a felony offense.
The recipient's firearm possession rights had not been restored under the law.
The defendant acted knowingly and without legal authorization or justification.
Firearms Possession Rights
Convicted felons may be prohibited from possessing firearms under state and federal law, unless their firearm possession rights have been restored through a pardon, expungement, or other legal process.
(c) Defenses
Defenses to a charge of sale of firearms to a convicted felon may include, but are not limited to:
Lack of knowledge: The defendant did not know or have reason to know that the recipient was a convicted felon.
Legal authorization: The defendant believed in good faith that the recipient's firearm possession rights had been restored, 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 convicted felon.
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
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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