8.57 Firearms-Unlawful Disposition by Unlicensed Dealer (18 U.S.C. Sec. 922(a)(5)) is a federal law prohibiting the sale or transfer of firearms by any person who is not a licensed dealer. This includes private sales, transfers between individuals, and any other firearms transactions that occur without the involvement of a licensed dealer. There are two types of violations of this law: (1) selling or transferring a firearm without a license; and (2) selling or transferring a firearm to a person who is prohibited from owning or possessing a firearm under federal law. Violation of this law is punishable by up to five years in prison and/or up to a $250,000 fine.
8.57 Firearms-Unlawful Disposition by Unlicensed Dealer (18 U.S.C. Sec. 922(a)(5))
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.
(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
For any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.
Title 18 U.S.C. §§ 922(d)(8) and (g)(8) concern the prohibition against disposal of firearms to, or receipt or possession of firearms by, persons who are subject to domestic violence protection orders.
To obtain a conviction under Section 922(g), the government must prove beyond a reasonable doubt that (1) the defendant had previously been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) the defendant knowingly possessed a firearm; and (3) the firearm had previously passed in