Keeping Guns From Criminals Act

Keeping Guns From Criminals Act

This bill modifies the criminal liability standard for certain firearm sales or transfers.

Current law makes it a crime for any person to knowingly sell or transfer a firearm to a prohibited person (i.e., a person who is prohibited from possessing or receiving a firearm). This legislation eliminates the knowingly standard to impose criminal liability on any person who sells or transfers a firearm to a prohibited person, regardless of whether such seller or transferor knows that the buyer is a prohibited person.

A defendant seller or transferor may assert as an affirmative defense against prosecution evidence to prove that the buyer or recipient passed a background check or possessed a valid concealed carry permit in the state of transfer.

The affirmative defense does not apply if the defendant knew or had reasonable cause to believe the buyer or recipient was a prohibited person.