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8.59 Firearms—Unlawful Sale or Delivery

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8.59 FIREARMS—UNLAWFUL SALE OR DELIVERY (18 U.S.C. § 922(b)(1)–(3))

The defendant is charged in [Count _______ of] the indictment with unlawfully [selling] [delivering] a firearm in violation of Section 922(b)[(1)][(2)][(3)] of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant was licensed as a firearms [dealer] [importer] [manufacturer] [collector];

Second, the defendant willfully [[sold] [delivered]] [specify firearm] to [specify unauthorized purchaser]; and

Third, the defendant knew or had reasonable cause to believe that [[specify unauthorized purchaser] was less than eighteen years of age]] [[purchase or possession of the firearm by [specify unauthorized purchaser] would be in violation of [applicable state law or published ordinance]] [[specify unauthorized purchaser] did not reside in the same state in which the defendant’s place of business was located]].

Comment

See Comment in 8.51 (Firearms).

If ammunition is for or the firearm is a shotgun or rifle, it is unlawful to sell or deliver it to a person the licensee knows or has reason to believe is under 18; the minimum age is 21 if the ammunition is for or the firearm is a shotgun or rifle. 18 U.S.C. § 922(b)(1).

Section 922(b)(3) has been interpreted to mean that a dealer licensed in one state, who attends a gun show in another state, may display and possess guns, negotiate price, and receive money for guns as long as the transfer of the firearm is through a licensee of the state in which the gun show is located who fills out the appropriate forms. United States v. Ogles, 406 F.3d 586, 590 (9th Cir.2005), adopted by 440 F.3d 1095, 1099 (9th Cir. 2006) (en banc).