The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. Under the provisions of the bill, a person who, as outlined in the bill, unlawfully transfers a firearm, purchases or attempts to purchase a firearm, or knowingly makes a false or misleading statement related to the criminal background check would commit a third degree felony. Under existing statute, unlawful transfer of certain weapons is punishable as a Class A misdemeanor or state jail felony based on the specific circumstances of the offense.    

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment.  In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Increasing the criminal penalty or expanding the circumstances for an offense is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of fewer than ten people were arrested, placed on community supervision, or admitted into a state correctional institution for unlawful transfer of certain weapons under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.