1. It shall be unlawful—
   1. for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
      1. the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
      2. the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Jury Instruction

1. That the Defendant willfully transferred, sold, or delivered a firearm to another person, as charged;
2. That neither the Defendant nor the person to whom the firearm was transferred was a licensed firearm importer, manufacturer, dealer or collector at the time of such transfer; and
3. 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 may readily be converted to, expel a projectile by the action of an explosive; and the term includes the frame or receiver or 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 of facts which, although not amounting to direct knowledge, would cause a reasonable person, knowing the same things, to reasonable conclude that the other person was in fact 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.