Bill > HB44

This bill, titled the "Firearm Transfer Act," mandates that firearm sales between private individuals at gun shows, defined as events with more than twenty-five firearms available for transfer, must undergo a background check conducted by a federal firearms licensee (FFL), which is a person licensed by the U.S. Attorney General to sell firearms, unless the transaction or the buyer qualifies for an exception. The act defines a firearm broadly to include weapons designed to expel a projectile by explosive action, their receivers, and silencers, and specifies that "transfer" means any passing of possession or control of a firearm. Organizers of gun shows must arrange for an FFL to be present to conduct these background checks, with a fee not exceeding $25 per transfer, and prominently display notices about the background check requirement. Antique or relic firearms, generally those manufactured before 1898 or muzzle-loading replicas, are exempt from these background check requirements. The bill also establishes immunity from civil liability for transferors and FFLs who comply with the act, unless they knew or should have known the buyer was likely to commit an unlawful act with the firearm or intended to transfer it to a prohibited person. Penalties are outlined for unlawfully transferring firearms at gun shows, including misdemeanors for individuals and petty misdemeanors for organizers who fail to arrange for an FFL or provide notice, with sentencing governed by existing state law. Importantly, the act explicitly prohibits the creation or maintenance of any registry of firearm transfers or owners by state or local agencies, though transfer records can be accessed for criminal investigations, and these records are not subject to public inspection. Additionally, the bill mandates that the administrative office of the courts electronically transmit information from court proceedings related to firearm eligibility to the National Instant Criminal Background Check System (NICS), including details about individuals adjudicated as mentally defective or committed to mental institutions, and establishes a process for individuals to petition for the restoration of their firearm rights after a mental health determination. Finally, the act includes a contingent repeal, meaning Sections 1 through 10 will be repealed if federal law is enacted that requires similar background checks for private firearm transfers or expressly preempts this state law.