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LC 1791

Establish the crime of possession of stolen firearm or ammunition

2025 Regular Session

Establishes a new offense: possession of stolen firearms or ammunition, punishable when the holder knows or should know they're stolen, deterring theft and aiding law enforcement.

(LC) Draft Ready for Delivery
#crimes #gunsandweapons
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WeVote Research Nonpartisan
Bill Summary · LC 1791

Summary of LC 1791: Establish the crime of possession of stolen firearm or ammunition

Overview

  • Bill number/title: LC 1791 — Establish the crime of possession of stolen firearm or ammunition
  • Status: LC Draft Ready for Delivery
  • Introduced: November 22, 2024
  • Subject: Crimes, Guns and Weapons
  • Context: The bill proposes creating a new criminal offense specifically targeting possession of firearms or ammunition that have been stolen. The exact statutory language, elements, and penalties are not provided in the available summary, so the following represents the purpose and likely features based on the bill’s title and typical drafting practices.

Purpose and intent

  • The primary aim is to deter and penalize possession of firearms or ammunition that are known or reasonably believed to be stolen.
  • By establishing a dedicated offense, prosecutors would have a clear statutory basis to charge individuals who possess stolen guns or ammo, complementing existing theft and firearms laws.

Key provisions (based on the bill’s title and typical structure)

Note: The precise text, definitions, and penalties are not included in the provided information. The following outlines are what such a bill typically would address, and should be confirmed in the enacted language.

  • New offense created: Possession of stolen firearm or ammunition.
  • Elements (likely to be specified):
    • Possession of a firearm and/or ammunition.
    • The item is stolen property.
    • The defendant knew or reasonably should have known the item was stolen (or a closely related knowledge standard defined by statute).
    • The possession occurred within the jurisdiction of the bill.
  • Defenses and exceptions (likely):
    • Lack of knowledge of the stolen status.
    • Possession obtained through lawful means (e.g., rightful possession, purchase in good faith) if the text allows.
  • Penalties:
    • The bill would specify sentencing ranges (e.g., imprisonment, fines, or both). Specifics (years, fines) are not provided here and would be in the final draft.
  • Enhancements or aggravators (potential):
    • Penalties could be enhanced if the possessed firearm is used in another crime, trafficked, or possessed by certain prohibited individuals.

Who is affected

  • Individuals in possession of firearms or ammunition lawfully or unlawfully: The new offense targets those who possess stolen firearms/ammunition.
  • Law enforcement and prosecutors: To investigate, charge, and prosecute instances of possession of stolen firearms.
  • Gun dealers and owners: Potential impact on transfers, reporting, and verification processes if ownership status is ambiguous.
  • Defendants and defense attorneys: New basis for charges, with corresponding potential defenses (e.g., lack of knowledge of theft, improper possession).

Procedural and timeline aspects

  • Drafter Assigned: November 22, 2024
  • Progression in December 2024:
    • Draft in various stages (Input/Proofing, Edit, Legal Review, Final Drafter Review)
    • Draft in Assembly and Draft Ready for Delivery statuses appear in late December
  • Next steps: Full legislative analysis would await the exact text, including statutory definitions, offense elements, and penalty structure. A fiscal note or impact analysis may accompany the final draft.

Potential impact and considerations

  • Could enhance deterrence and enforcement against theft-related firearm crimes.
  • May raise questions about knowledge standards, remedies for mistaken or inadvertent possession, and interaction with existing gun possession laws.
  • Fiscal and enforcement implications would depend on the final text, including how offenses are charged and what penalties apply.

Note: This summary reflects available information from the bill’s title and the provided legislative actions. For precise definitions, elements, defenses, and penalties, the full bill text and any fiscal notes should be consulted once published.

Compiled from official sources — confirm details with the bill’s official record.

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