Sec. 1. 17-A MRSA §1058 is enacted to read:

§1058.__Unlawful sale of firearms

1.__A person is guilty of unlawful sale of firearms if the person transfers ownership or otherwise attempts to transfer ownership of a firearm without a valid dealer license issued pursuant to 18 United States Code, Section 923.

2.__This section does not apply to the following transfers of ownership:

A.__Transfer to a purchaser who holds a valid dealer license issued pursuant to 18 United States Code, Section 923;

B.__Transfer to a member of the seller's immediate family;

C.__Transfer pursuant to a will or last testament; or

D.__Transfer of an antique firearm as defined in 18 United State Code, Section 921(a)(16).

3.__Unlawful sale of firearms is a Class C crime.

SUMMARY

This bill requires sellers of firearms at gun shows or other so-called private sales to be licensed to sell firearms by the federal Bureau of Alcohol, Tobacco and Firearms and to perform background checks on the purchasers as required by federal law. The bill creates exceptions for transfers to a federally licensed dealer; transfers to members of the seller's immediate family; transfers in accordance with a will; and transfers of antique firearms. Selling firearms without a federal license is a Class C crime.