View source for Honesty in Purchasing Firearms Act Exposed

The '''Honesty in Purchasing Firearms Act''' was considered by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Public_Safety_and_Elections_Task_Force Public Safety and Elections Task Force] at the 2011 Annual Meeting on August 4, 2011. {{AEXTF2011}}

==ALEC Draft Bill Text==

Summary

This Act makes it a felony to knowingly deceive a licensed dealer of firearms in order to purchase or transfer firearms.


Legislation

{Title, enacting clause, etc.}

<u>Section 1. {Title}</u>

This Act may be cited as the “Honesty in Purchasing Firearms Act”

<u>Section 2. {Definitions}</u>

(A) For purposes of this section:

:(1) “Licensed dealer” means a person who is licensed pursuant to 18 U.S.C. § 923 [and citation to state firearm dealer licensing provision] to engage in the business of dealing in firearms.

:(2) “Private seller” means a person who sells or offers for sale any firearm, as defined in [citation to state code provision defining “firearm”], or ammunition.

:(3) “Ammunition” means any cartridge, shell, or projectile designed for use in a firearm.

:(4) “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal.

<u>Section 3. {Purchasing Firearms}</u>

(A) Any person who knowingly solicits, persuades, encourages or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a felony.

(B) Any person who provides to a licensed dealer or private seller of firearms or ammunition what the persons knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition is guilty of a felony.

(C) Any person who willfully procures another to engage in conduct prohibited by this section shall be held accountable as a principal.

(D) This section does not apply to a law enforcement officer acting in his or her official capacity or to a person acting at the direction of such law enforcement officer.

(E) A violation of this section is punishable by a fine not to exceed $5,000, a term of imprisonment not to exceed five years, or both such fine and imprisonment.

<u>Section 4. {Severability Clause}</u>

<u>Section 5. {Repealer Clause}</u>

<u>Section 6. {Effective Date}</u>