§ 4019 — Firearms transfers; background checks

(a) As used in this section:
(1) “Firearm” shall have the same meaning as in subsection 4017(d) of this title.
(2) “Immediate family member” means a spouse, parent, stepparent, child, stepchild, sibling, stepsibling, grandparent, step-grandparent, grandchild, step-grandchild, great-grandparent, step-great-grandparent, great-grandchild, and step-great-grandchild.
(3) “Law enforcement officer” shall have the same meaning as in subdivision 4016(a)(4) of this title.
(4) “Licensed dealer” means a person issued a license as a dealer in firearms pursuant to 18 U.S.C. § 923(a).
(5) “Proposed transferee” means an unlicensed person to whom a proposed transferor intends to transfer a firearm.
(6) “Proposed transferor” means an unlicensed person who intends to transfer a firearm to another unlicensed person.
(7) “Transfer” means to transfer ownership of a firearm by means of sale, trade, or gift.
(8) “Unlicensed person” means a person who has not been issued a license as a dealer, importer, or manufacturer in firearms pursuant to 18 U.S.C. § 923(a).
(b)(1) Except as provided in subsection (f) of this section, an unlicensed person shall not transfer a firearm to another unlicensed person unless:
(A) the proposed transferor and the proposed transferee physically appear together with the firearm before a licensed dealer and request that the licensed dealer facilitate the transfer; and
(B) the licensed dealer agrees to facilitate the transfer.
(2) A person shall not, in connection with the transfer or attempted transfer of a firearm pursuant to this section, knowingly make a false statement or exhibit a false identification intended to deceive a licensed dealer with respect to any fact material to the transfer.
(c)(1) A licensed dealer who agrees to facilitate a firearm transfer pursuant to this section shall comply with all requirements of State and federal law and shall, unless otherwise expressly provided in this section, conduct the transfer in the same manner as the licensed dealer would if selling the firearm from his or her own inventory but shall not be considered a vendor.
(2) A licensed dealer shall return the firearm to the proposed transferor and decline to continue facilitating the transfer if the licensed dealer determines that the proposed transferee is prohibited by federal or State law from purchasing or possessing the firearm.
(3) A licensed dealer may charge a reasonable fee to facilitate the transfer of a firearm between a proposed transferor and a proposed transferee pursuant to this section.
(d) A person shall not transfer a firearm to another person if:
(1) the transfer requires a background check under this section or under federal law; and
(2) the licensed dealer facilitating the transfer has not been provided with a unique identification number for the transfer by the National Instant Criminal Background Check System, provided that if the identification number has not been provided within seven business days, then the transfer may proceed.
(e)(1) An unlicensed person who transfers a firearm to another unlicensed person in violation of subdivision (b)(1) of this section shall be imprisoned not more than one year or fined not more than $500.00, or both.
(2) A person who violates subdivision (b)(2) or subsection (d) of this section shall be imprisoned not more than one year or fined not more than $500.00, or both.
(f) This section shall not apply to:
(1) the transfer of a firearm by or to a law enforcement agency;
(2) the transfer of a firearm by or to a law enforcement officer or member of the U.S. Armed Forces acting within the course of the officer’s or the U.S. Armed Forces member’s official duties;
(3) the transfer of a firearm from one immediate family member to another immediate family member; or
(4) a person who transfers the firearm to another person in order to prevent imminent harm to any person, provided that this subdivision shall only apply while the risk of imminent harm exists.
(g) A licensed dealer who facilitates a firearm transfer pursuant to this section shall be immune from any civil or criminal liability for any actions taken or omissions made when facilitating the transfer in reliance on the provisions of this section. This subsection shall not apply to reckless or intentional misconduct by a licensed dealer. (Added 2017, No. 94 (Adj. Sess.), § 6, eff. April 11, 2018; amended 2021, No. 87 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 85 (Adj. Sess.), § 33, eff. July 1, 2024.)