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30.2 Transfer Of Firearm To Non-Resident 18 USC § 92 2(a)(5) Title 18, United States Code Section 922(a)(5), makes it a Federal crime or offense under certain circumstances for anyone who is not alicensed firearms dealer to sell or transfer a firearm t o someone who lives in another state.The Defendant can be found guilty of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That the Defendant willfully transferred, sold or delivered a firearm to another person as charged;Second: That neither the Defendant nor the person to whom the firearm was transferred was a licensed firearms importer, manufacturer, dealer or collector at the time of such transfer; andThird: That the Defendant knew or had reasonable cause to believe that the person to whom the firearm was transferred resided in a state other than the state in which the Defendant resided.The term " firearm" means any weapon, which is designed to, or mayReadily be converted to, expel a projectile by the act ion of an explosive; and the term includes the frame or receiver of any such weapon, or any firearm muffler or firearm silencer. To " transfer" a firearm simply means to deliver possession of a firearm to another person. To have "reasonable cause to believe" that someone is a resident of another state means to have knowledge off acts which, although not amounting to direct knowledge, would cause a reasonable person knowing the same facts to reasonably conclude that such other person was a resident of another state. The essence of the offense is to knowingly transfer a firearm to a resident of another state. It is not a violation of the law to transfer a firearm to a resident of one' s own state of residency. [The law does not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; nor does the law apply to any transfer or delivery of a firearm to carry out a bequest to, or an acquisition by intestate succession by, a person who is permitted to acquire or possess a firearm by the laws of the state of his or herresidence. ] [A " bequest" refers to a provision in a person's will providing for the disposition of property after death; and the term "intestate succession" refers to the law of the state providing for the inheritance of property from a person who dies without leaving a will. Thus, to carry out a " bequest" or " intestate succession" simply means to transfer something after the owner has died and in accordance with the owner's will or the state law of intestate succession, as the case might be.] ANNOTATIONS AND COMMENTS 18 USC § 92 2(a)(5 ) provides: (a) It shall be unlawful - - (5) for any person [other than a licensed dealer] to transfer, sell . . . or deliver any firearm to any person [other than a licensed dealer] who the transferor knows or has reasonable cause to believe does not reside in . . . the State in which the transferor resides [unless] the transfer [is] made to carry out a bequest . . . [ or constitutes] a loan or rental . . . for temporary use for lawful sporting purposes.18 USC § 924(a)(1 )(D) makes willfulness an element of the offense. Maximum Penalty: Five (5) years imprisonment and applicable fine.