The bill would amend the Penal Code to increase the punishment for unlawful transfer of a weapon from a Class A misdemeanor to a third degree felony.  The bill also adds unlawful purchase of weapons and knowingly making a false or misleading statement for purposes of complying with the national instant criminal background check system to the definition of this offense.   The bill also adds any firearm to certain provisions of this statute.  The bill would increase the maximum term of imprisonment to 15 years if a person directed, managed or supervised five or more persons engaged in certain violations of this offense.

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill’s provisions increase the penalty for unlawful transfer of weapons and expands the definition of that offense. This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state.