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1 S.239
2 Introduced by Senators Clarkson and Hardy
3 Referred to Committee on
4 Date:
5 Subject: Crimes; firearms; semiautomatic assault weapons
6 Statement of purpose of bill as introduced: This bill proposes to prohibit
7 possession of semiautomatic assault weapons.
8 An act relating to prohibiting possession of semiautomatic assault weapons
9 It is hereby enacted by the General Assembly of the State of Vermont:
10 Sec. 1. 13 V.S.A. § 4027 is added to read:
11 § 4027. POSSESSION OF SEMIAUTOMATIC ASSAULT WEAPONS
12 PROHIBITED
13 (a) A person shall not possess a semiautomatic assault weapon.
14 (b) A person who violates this section shall be imprisoned for not more
15 than one year or fined not more than $500.00, or both.
16 (c) This section shall not apply to any semiautomatic assault weapon
17 possessed by:
18 (1) a federal law enforcement officer or a law enforcement officer
19 certified as a law enforcement officer by the Vermont Criminal Justice VT LEG #372399 v.1
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1 Training Council pursuant to 20 V.S.A. § 2358 for legitimate law enforcement
2 purposes, whether the officer is on or off duty; or
3 (2) an active member of the Vermont National Guard, of the National
4 Guard of another state, or of the U.S. Armed Forces.
5 (d)(1) As used in this section, “semiautomatic assault weapon” means:
6 (A) a semiautomatic rifle that has the ability to accept a detachable
7 magazine and has at least one of the following features:
8 (i) a folding or telescoping stock;
9 (ii) a pistol grip that protrudes conspicuously beneath the action of
10 the weapon;
11 (iii) a thumbhole stock;
12 (iv) a second handgrip or a protruding grip that can be held by the
13 nontrigger hand;
14 (v) a bayonet mount;
15 (vi) a flash suppressor, muzzle break, muzzle compensator, or
16 threaded barrel designed to accommodate a flash suppressor, muzzle break, or
17 muzzle compensator; or
18 (vii) a grenade launcher;
19 (B) a semiautomatic pistol that has the ability to accept a detachable
20 magazine and has at least one of the following features:
21 (i) a folding or telescoping stock;
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1 (ii) a thumbhole stock;
2 (iii) a second handgrip or a protruding grip that can be held by the
3 nontrigger hand;
4 (iv) capacity to accept an ammunition magazine that attaches to
5 the pistol outside the pistol grip;
6 (v) a threaded barrel capable of accepting a barrel extender, flash
7 suppressor, forward handgrip, or silencer;
8 (vi) a shroud that is attached to, or partially or completely
9 encircles, the barrel and that permits the shooter to hold the firearm with the
10 nontrigger hand without being burned;
11 (vii) a manufactured weight of 50 ounces or more when the pistol
12 is unloaded; or
13 (viii) a semiautomatic version of an automatic firearm; or
14 (C) a semiautomatic shotgun that has at least one of the following
15 features:
16 (i) a folding or telescoping stock;
17 (ii) a thumbhole stock;
18 (iii) a second handgrip or a protruding grip that can be held by the
19 nontrigger hand;
20 (iv) a fixed magazine capacity in excess of seven rounds; or
21 (v) the ability to accept a detachable magazine.
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1 (2) “Semiautomatic assault weapon” does not include:
2 (A) a firearm that:
3 (i) is manually operated by bolt, pump, lever, or slide action;
4 (ii) has been rendered permanently inoperable; or
5 (iii) is an antique firearm as defined in section 4017 of this title;
6 (B) a semiautomatic rifle that cannot accept a detachable magazine
7 that holds more than five rounds of ammunition; or
8 (C) a semiautomatic shotgun that cannot hold more than five rounds
9 of ammunition in a fixed or detachable magazine.
10 Sec. 2. EFFECTIVE DATE
11 This act shall take effect on passage.
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