2.219 — POSSESSION OF A FIREARM WITHOUT A VALID FIREARMS LICENSE

Violations of "Statute 2.219" results in a Class A Misdemeanor

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(a) Definitions

"Valid Firearms License" means a currently active and lawfully issued permit that allows an individual to own, possess, or carry a firearm in accordance with applicable state and local laws. A valid license must not be expired, suspended, revoked, or otherwise legally ineffective.

(b) Elements

To establish the offense of unlawful possession of a firearm without a valid firearms license, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant knowingly possessed or carried a firearm.

• The firearm was possessed in a jurisdiction, context, or location where a valid license is required (e.g., public areas, concealed carry).

• The defendant did not possess a valid firearms license at the time of possession.

(c) Defenses

A defendant may raise the following defenses:

• Exempt Status: The individual falls within a statutory exemption (e.g., law enforcement, active military, possession within private residence).

• Lack of Knowledge: The defendant reasonably believed they possessed a valid license due to clerical error or miscommunication.

• Transitory Possession: The possession was momentary and incidental, such as moving the firearm for another person without intent to exercise control.

• Not Subject to Licensing: The firearm was legally possessed in a context not requiring licensure under state law (e.g., antique firearm, unloaded and stored in a vehicle trunk).

(d) Aggravating Factors

Enhanced penalties may apply if:

• The firearm was loaded or readily accessible.

• The defendant was carrying the firearm in a public, sensitive, or restricted space.

• The individual has a prior record involving weapons offenses or violent conduct.

• The possession was associated with another offense, such as trespassing or resisting arrest.