SB 776

Current law provides that various conditions, including a background check of

a prospective purchaser, must be met before a federally licensed firearms dealer may

transfer a handgun after a sale. This bill generally prohibits a person from selling

or transferring a firearm unless the sale or transfer occurs through a federally

licensed firearms dealer and involves a background check of the prospective

transferee. Under this bill, the following are excepted from that prohibition: a sale

or transfer to a firearms dealer, a sale or transfer for which the waiting period for the

purchase of a handgun under current law does not apply, a transfer that is by gift,

bequest, or inheritance to a family member, or a transfer that is intended to be

temporary and that has a purpose that is not illegal. A person who is convicted of

violating the prohibition is guilty of a misdemeanor and must be fined not less than

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

may not possess a firearm for a period of two years.

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.