2.222 — POSSESSION OF A FIREARM WITH AN EXPIRED FIREARMS LICENSE

Violations of "Statute 2.222" results in a Class B Misdemeanor

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(a) Definitions

"Expired Firearms License" refers to a previously valid firearms license that has lapsed due to failure to renew within the time period required by law. An expired license no longer grants legal authorization for possession or carry in jurisdictions that require licensure.

(b) Elements

To establish the offense, the prosecution must prove beyond a reasonable doubt:

• The defendant knowingly possessed a firearm.

• The defendant’s firearms license was expired at the time of possession.

• The possession occurred in a context or location requiring an active, valid license.

(c) Defenses

A defendant may raise the following defenses:

• Good Faith Effort: The defendant had submitted a renewal application and was awaiting processing.

• No Intent to Violate: The defendant did not realize the license had expired due to administrative error or lack of notice.

• Exempt Setting: The firearm was possessed in a location not requiring licensure (e.g., private home, shooting range).

• Minimal Risk: The firearm was unloaded, locked, and stored in compliance with other safety regulations.

(d) Aggravating Factors

The court may impose enhanced penalties if:

• The license had been expired for an extended period of time (e.g., more than 6 months).

• The defendant had received prior warnings or notices about the expired status.

• The firearm was being actively carried in public or transported unsafely.

• The offense occurred concurrently with another criminal violation.