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SB 1378 Firearms; person guilty of Class 4 felony if sells to person he knows is prohibited from possessing.
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Sale and transport for sale of firearms to certain persons; penalty. Provides that a person who engages in the "strawman" purchase of a firearm, where he purchases a firearm with the intent to resell or transport with the intent to resell outside of the Commonwealth to any person he knows is prohibited from purchasing a firearm, is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of one year. Under current law, the penalty for such an offense is a Class 5 felony. Finally, the bill provides that a person who is ineligible to purchase or possess a firearm and who assists any other person in the strawman purchase of a firearm is guilty of a Class 4 felony with a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. Under current law, the penalty for such offense is a Class 5 felony with a mandatory minimum term of five years. The prohibitions against strawman purchases do not apply to the purchase of a firearm by a parent, grandparent, or other guardian of a child for the lawful use, possession, or transport of the firearm by the child where the child's age is the sole reason the child is ineligible to purchase a firearm. The bill also adds persons found legally incompetent or mentally incapacitated, persons involuntarily admitted to a mental health facility or sent for involuntary outpatient mental health treatment, and those who were the subject of a temporary detention order and subsequently agreed to voluntary admission to a mental health facility to the list of persons for whom it is illegal to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm and increases the penalty from a Class 6 felony to a Class 4 felony.