Sale Of Firearm With Intent To Endanger Life In Clark

State:
Multi-State
County:
Clark
Control #:
US-00456BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for two private individuals (not dealers) who want to engage in a firearms transaction. Be aware that individual states have their own set of laws and regulations governing the sale of firearms. It is your responsibility to familiarize yourself and comply with all the federal, state, county and/or municipal ordinances, laws and regulations governing the possession and use of any firearm or category of firearms in both the state you purchase the firearm as well as the state in which you reside. The requirements to purchase a firearm will generally depend upon (1) what type of firearm you intend to purchase, (2) where you intend to purchase the firearm, and (3) where you reside.


While there is little uniformity among the states regarding firearm laws, state and local gun control the major regulatory issues (as of April 1, 2006) are:


" Child Access Prevention laws: Many states have passed legislation making it a crime to leave a loaded weapon within easy access of a minor.

" Concealed weapon laws: About seven states prohibit concealed weapons. Many others require an individual to show a need prior to obtaining a license to carry a concealed weapon. In over half the states, all non-felons are able to obtain licenses to carry concealed weapons. Only one state, Vermont, has no licensing or permit requirement.

" Regulation of private sales to minors: Under federal law, minors under 18 are prohibited from possessing guns and minor under 21 are prohibited from purchasing guns from dealers. However, unless regulated by state law, minors 18 and over are able to freely purchase weapons through private sales. Currently 21 states either prohibit or substantially regulate this secondary market for minors.

" Regulating all secondary market sales: Over twenty states regulate all secondary sales through registration or licensing requirements. In the states that have no such regulation, the secondary market allows minors and criminals to easily obtain weapons. This is the so-called "gun show" loophole.

" Ban on "assault" weapons: In 1989, California was the first state to ban certain types of automatic weapons. More extensive bans have been enacted in New Jersey, Hawaii, Connecticut and Maryland.

" "One handgun a month" laws: Many purchasers (felons and minors) have circumvented federal law by purchasing firearms from individuals who have legally made bulk purchases of handguns. Four states (South Carolina, Virginia, Maryland, and California) have laws that limit legal purchases of handguns to one a month per buyer.

" Ban on "Saturday Night Specials" and other "junk guns": These are small, easily concealed lightweight guns which are unreliable but have appeal to criminals because of their portability. A minority of states have laws which regulate the purchase and use of these weapons. Additionally, local laws in a number of cities outlaw the possession of these weapons.

" Waiting periods and background checks: Although background checks are no longer necessary under federal law, about half the states still use state data in addition to federal data to conduct background checks prior to issuing a handgun permit. Eleven of these states impose waiting periods as well.


When a transaction takes place between private (unlicensed) persons who reside in the same State, the Federal Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. However, the seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. sec. 922(g) and (n). However, there are no GCA-required records to be completed by either party to the transfer.


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FAQ

For example, the minimum prison sentence for firearms offences is five years for an adult and three years for a 16 or 17-year-old. The maximum prison sentence for firearms offences is typically ten years, but if other crimes are involved, then it could even be life imprisonment.

Q. Will there be a limit on the number of firearms an individual may have licensed? A. There is no limit.

Possessing a weapon: the maximum sentence for possession offences is four years' custody. If the offender has committed the same offence before or another relevant offence such as threatening with an offensive weapon in a public place, they will face a minimum sentence of at least six months' custody.

Section 16 (1) Firearms Amendment Act 1988 allows a non-certificate holder to borrow a rifle and use it in the presence of either the occupier of private premises or their servant without holding a firearm certificate. The following criteria must be met: The borrower must be aged 17 years or older.

With approximately seven civilian firearms per 100 people, Ireland is the 107th most armed country in the world. Firearm laws in the Republic of Ireland are some of the strictest in the world, with both with strict legislation governing licensing and fastidious application of that legislation by the Gardaí.

27A. —(1) It is an offence for a person to possess or control a firearm in circumstances that give rise to a reasonable inference that the person does not possess or control it for a lawful purpose, unless the person possesses or controls it for such a purpose.

“weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use. (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

Imprisonment Under R.A. 10591, the penalties vary depending on the type and number of firearms possessed: Small Arms (e.g., pistols, revolvers): Imprisonment ranging from 6 years and 1 day to 12 years. Light Weapons (e.g., automatic rifles): Imprisonment ranging from 12 years and 1 day to 20 years.

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Sale Of Firearm With Intent To Endanger Life In Clark