Unlawful Sale, Loan or Gift of Firearm

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  1. A person commits an offense who:
    1. Intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor;
    2. Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or
    3. Intentionally, knowingly, recklessly or with criminal negligence violates § 39-17-1316.
  2. It is a defense to prosecution under subdivision (a)(1) that:
    1. A firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity; and
    2. The person is not required to obtain a license under § 39-17-1316.
  3. For purposes of this section, “intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
  4. An offense under this section is a Class A misdemeanor.


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