6.626 — FURNISHING WEAPONS TO MINORS OR PERSONS OF UNSOUND MIND

Violations of "Statute 6.626" result in a Class C Felony

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(a) Definitions

Furnishing weapons refers to the act of selling, transferring, lending, gifting, or otherwise making available any firearm, ammunition, or deadly weapon to a person who is either:

• A minor, defined as any individual under the age of 18, unless legally emancipated or specifically permitted under controlled circumstances such as licensed training

• A person of unsound mind, referring to individuals who have been legally declared mentally incompetent, are under psychiatric care for conditions impairing judgment, or are otherwise incapable of safely handling a weapon

This statute applies whether the weapon is transferred directly or through a third party, and whether the transaction is commercial, private, or informal.

Deadly weapons include, but are not limited to:

• Firearms (handguns, rifles, shotguns)

• Explosives or incendiary devices

• Bladed weapons specifically designed to cause bodily harm

• Any object used with intent to cause serious injury or death

(b) Elements

To establish the offense of furnishing weapons to minors or persons of unsound mind, the prosecution must prove beyond a reasonable doubt that:

• The defendant knowingly gave, sold, transferred, or otherwise provided a deadly weapon to another person

• The recipient of the weapon was a minor or an individual legally classified as mentally unfit at the time of the transfer

• The defendant knew, or reasonably should have known, the status of the recipient (either their age or mental condition)

• The transfer occurred without lawful exception or authorization under applicable statutes

Actual use or harm resulting from the transfer is not necessary to constitute the offense; the unlawful furnishing itself is sufficient.

(c) Defenses

Potential defenses to this charge may include:

• Lack of knowledge: The defendant did not and could not reasonably have known that the recipient was a minor or mentally unfit

• Parental or guardian exception: In certain jurisdictions, a minor may be furnished a weapon under strict supervision by a legal guardian for purposes such as sport or training

• Lawful transfer under authority: The transfer was performed under the supervision of a licensed instructor, dealer, or law enforcement agency

• Recipient misrepresented eligibility: The recipient presented falsified documentation or made deceptive statements about their age or mental capacity

Each defense is subject to verification and does not apply in cases of gross negligence or willful disregard for safety.

(d) Aggravating Factors

Aggravating circumstances that may result in increased penalties or enhanced scrutiny include:

• The weapon provided was used in the commission of a crime

• The defendant has a history of weapons-related offenses or prior unlawful transfers

• The minor or mentally unfit recipient suffered injury or caused harm as a result of obtaining the weapon

• The transfer was made in a high-risk setting such as near a school, hospital, or government facility

• The defendant was acting as part of an organized effort to distribute weapons unlawfully