TFred
Regular Member
So much for Deeds being "reasonable."
This law is horribly written. At first read it sounds like you must know that you are selling to a prohibited person, but I don't believe that is actually the case. The "willfully and intentionally" applies to the list of verbs, not the status of the buyer. It's so badly written, it's impossible to say for sure.
TFred
SB 287 Firearm transfers; criminal history record information checks, penalty.
Transfer of firearms; penalty. Provides that any person who sells or otherwise transfers a firearm to a person who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony if the transferor does not obtain a background check from a licensed firearms dealer.
§ 18.2-308.2:4. Criminal history record information check required to transfer firearm; penalties.
Any person who does not obtain verification from a licensed firearms dealer that the Department of State Police has determined that the prospective purchaser or transferee is not prohibited under state or federal law from possessing a firearm who willfully and intentionally sells, rents, trades, or transfers a firearm to a person who is prohibited under state or federal law from possessing a firearm is guilty of a Class 6 felony.
This law is horribly written. At first read it sounds like you must know that you are selling to a prohibited person, but I don't believe that is actually the case. The "willfully and intentionally" applies to the list of verbs, not the status of the buyer. It's so badly written, it's impossible to say for sure.
TFred
SB 287 Firearm transfers; criminal history record information checks, penalty.
Transfer of firearms; penalty. Provides that any person who sells or otherwise transfers a firearm to a person who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony if the transferor does not obtain a background check from a licensed firearms dealer.
§ 18.2-308.2:4. Criminal history record information check required to transfer firearm; penalties.
Any person who does not obtain verification from a licensed firearms dealer that the Department of State Police has determined that the prospective purchaser or transferee is not prohibited under state or federal law from possessing a firearm who willfully and intentionally sells, rents, trades, or transfers a firearm to a person who is prohibited under state or federal law from possessing a firearm is guilty of a Class 6 felony.