AB 753

Under current law, a federally licensed firearms dealer may not transfer a

handgun to a person following a sale until the person has provided identification to

the firearms dealer and has completed a notification form prescribed by the

Department of Justice (DOJ) that requires the person to provide his or her name,

date of birth, gender, race, and social security number and other identifying

information. The firearms dealer must then convey the information from the

completed notification form to DOJ so that DOJ can conduct a background check to

determine whether the person is prohibited from possessing a firearm. A person

completing the notification form must provide truthful information on the form. If

a person intentionally provides false information, he or she must be fined not less

than $500 nor more than $10,000 and may be imprisoned for not more than nine

months.

Also under current law, a person who steals a firearm is guilty of a Class H

felony and may be fined up to $10,000, imprisoned for up to six years, or both. A

person who intentionally receives stolen property may be guilty of a misdemeanor

or a felony, depending on the value of the property received, and the amount of the

fine, jail time, or imprisonment to which the person may be subjected is determined

by the value of the property received.

This bill provides that a person who intentionally gives false information on his

or her notification form regarding whether the person is purchasing a firearm with

the purpose or intent of transferring the firearm to another whom the person knows

or reasonably should know is presently prohibited from possessing a firearm is guilty

of a Class H felony and may be fined not less than $500. The bill also authorizes DOJ

to prosecute such a violation. Under the bill, a person who intentionally receives a

stolen firearm, regardless of the value of the firearm, is guilty of a Class H felony.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.