This bill adds selective-fire firearms capable of fully automatic, semiautomatic, or burst fire at the option of the user or any of the certain listed semiautomatic firearms to the definition of an assault weapon. PROHIBITED WEAPONS This bill adds an assault weapon as defined in this bill as a prohibited weapon. This bill provides that it is an affirmative defense to prosecution that a person must prove by a preponderance of the evidence that if the weapon is an assault weapon as described in this bill, then the person possessed the weapon prior to July 1, 2025. This bill additionally adds a semiautomatic rifle as defined in this bill as a prohibited weapon. CERTIFICATE OF POSSESSION This bill requires a person in possession of an assault weapon prior to July 1, 2025, to apply for a certificate of possession by July 1, 2026. Also, this bill requires the department of safety to create the application, the certificate of possession, and the process of applying for and submitting the certificate by January 1, 2026. The certificate of possession must contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information as the department may deem appropriate. Additionally, this bill requires a certificate of possession for each assault weapon possessed by the person be submitted to both the department and the appropriate local law enforcement agency by January 1, 2027. A copy of the certificate of possession must be retained by the person as evidence of lawful possession. OWNERSHIP BY BEQUEST OR INTESTATE This bill provides that if a person obtains ownership by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under this bill, then within 90 days the person must render the assault weapon permanently inoperable, sell the assault weapon to a licensed gun dealer, or remove the assault weapon from this state. MEMBER OF UNITED STATES ARMED FORCES This bill provides that a person who is a member of the United States armed forces who is in lawful possession of an assault weapon and has been transferred into this state after January 1, 2027, is required, within 90 days of arriving in this state to apply to the department of safety for a certificate of possession and then submit the certificate of possession within 90 days, render the assault weapon permanently inoperable, sell the assault weapon to a licensed gun dealer, or remove the assault weapon from this state. CERTIFICATE OF TRANSFER If an owner of an assault weapon sells or transfers the assault weapon to a licensed gun dealer, then this bill requires the dealer to, at the time of delivery of the assault weapon, execute a certificate of transfer and cause the certificate of transfer to be mailed or delivered to the department. The department must create a certificate of transfer and the process of submitting the certificate to the department by January 1, 2026. VIOLATIONS This bill makes it a Class E felony, punishable by a sentence of imprisonment not less than one year nor more than six years and a potential fine not to exceed $3,000, to violate either of the following: (1) Knowingly purchase, use, possess, or attempt to purchase, use, or possess a trigger crank, bump stock, bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semi-automatic rifle, but that does not convert the semi-automatic rifle into a machine gun; or (2) Knowingly manufacture, sell, offer for sale, or display for sale in this state any part, combination of parts, component, device, attachment, or accessory, the possession or use of that is prohibited under (1) above.

Statutes affected:
Introduced: 39-17-1301, 39-17-1302, 39-17-1302(c), 39-17-1302(d)