SB 799 - This act provides that a person shall not sell or transfer a firearm unless the person is a firearms dealer, selling or transferring to a firearms dealer, or, if neither party is a firearms dealer, the parties to the transaction complete the sale or transfer through a licensed firearms dealer. If the transaction is completed through a firearms dealer, the dealer shall process the sale or transfer as if he or she were the seller or transferor, conduct a background check on the purchaser or transferee, and deliver the firearm after the legal requirements are met. The dealer may require the purchaser or transferee to pay a fee covering administrative costs and other applicable fees.
If a firearm is to be transferred through a trust, the transfer shall be completed through a firearms dealer. If the heir or devisee is deemed ineligible to receive the firearm, the heir or devisee may authorize the transfer to a specific individual to whom transfer is not prohibited, or the dealer may be authorized to sell the firearm and have the proceeds given to the heir or devisee.
This act provides that neither the state nor any political subdivision shall require a firearms dealer to supply a list of transactions conducted.
A firearms dealer shall not be required for transactions involving law enforcement officers or corrections officers in the scope of their duty; for U.S. Marshals, members of the Armed Forces, National Guard, or federal officials within the scope of their duties; for gunsmiths performing service or repairs; persons engaged in the business of transportation or storage, to the extent the receipt of the firearm is in the ordinary course of business; persons loaned a firearm solely for target shooting at a properly licensed target facility; and persons loaned a firearm for lawful hunting or sporting purposes so long as the owner of the firearm is accompanying the person loaned the firearm.
Any person violating any of the provisions relating to firearms dealers shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000, or imprisonment for a period not exceeding six months, or both. A person guilty of such an offense shall be guilty of a separate offense for each and every day during any portion of which a violation of this provision is committed or continued.
The Attorney General shall report any violation of the provisions relating to firearms dealers by any licensed firearm dealer to the Bureau of Alcohol, Tobacco, Firearms and Explosives within the United States Department of Justice.
This act is identical to SB 163 (2019) and HB 2281 (2018).
MARY GRACE BRUNTRAGER