Fill and Sign the Instruction Failure Form

30.4 Failure Of Firearms Dealer To Keep Proper Record Of Sale 18 USC § 92 2(b)(5) Title 18, United States Code, Sect ion 922(b)(5), makes it a Federal crime or offense for a Federally licensed firearms dealer to sell [a firearm] [armor-piercing ammunition] to anyone without keeping a record concerning the purchaser. The Defendant can be found guilt y of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant w as a Federally licensed firearms dealer at the time the alleged offense occurred; Second: That the Defendant sold or delivered [a firearm] [armor- piercing ammunition] t o the person named in the indictment; and Third: That having sold or delivered the [firearm] [armor-piercing ammunition] t o such person, the Defendant knowingly and willfully failed to record t he name, age and place of residence of t hat individual in the records required to be kept by law. [The term " firearm" means any weapon which is designed to, or may readily be convert ed to, expel a projectile by the action of an explosive; and the term includes the frame or receiver of any such weapon, or any firearm muffler or firearm silencer.] [The term " armor-piercing ammunition" means a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of t races of other substances) from one or a combination of t ungst en alloys, st eel, iron, brass, bronze, beryllium copper or depleted uranium. The term also includes a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total w eight of the projectile.] ANNOTATIONS AND COMMENTS 18 USC § 92 2(b)(5) provides: (b) It shall be unlawful for any licensed . . . dealer . . . t o sell or deliver - - * * * * * (5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of t his chapter, the name, age, and place of residence of such person . . . . 18 USC § 924(a)(1 )(D) makes willfulness an element of t he offense. Maximum Penalty: Five (5) years imprisonment and applicable fine.