ARTICLE H.  ASSAULT WEAPONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532
6-3H-1: LEGISLATIVE INTENT:
6-3H-2: DEFINITIONS:
6-3H-3: SPECIFIC WEAPONS NOT INCLUDED:
6-3H-4: SUPPLEMENTAL PROVISIONS:
6-3H-5: POSSESSION OF ASSAULT WEAPONS UNLAWFUL; EXCEPTIONS:
6-3H-6: CONDITIONAL EXCEPTION:
6-3H-7: SALE OR TRANSFER UNLAWFUL:
6-3H-8: SPECIFIC PROHIBITED ASSAULT WEAPONS:
6-3H-9: MAGAZINE CAPACITY:
6-3H-10: VIOLATION; DISPOSITION OF WEAPON:
6-3H-11: PENALTY:

6-3H-1: LEGISLATIVE INTENT:linklink


The Town Council hereby ordains to place reasonable and necessary restrictions on the sale and possession of assault weapons in the Town while placing no restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice, and other legitimate sports and recreational activities and the protection of home, person, and property. (Ord. 15(1994) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304878
6-3H-2: DEFINITIONS:linklink

The following words and phrases, when used in this Article, shall have these meanings respectively ascribed to them:

ASSAULT WEAPON: The general characteristics of an assault weapon may include the following features: a shorter length than recreational firearms; a folding stock; a modification of an automatic firearm originally designed for military use; a greater rate of fire or firing capacity than reasonably necessary for legitimate sports, recreational or protection activities and shall include all firearms with any of the following characteristics:

A. All semi-automatic action, centerfire rifles with a detachable magazine with a capacity of twenty one (21) or more rounds.

B. All semi-automatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.

C. Any firearm which has been modified to be operable as an "assault weapon" as defined herein.

D. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

E. Any weapon listed in Section 6-3H-8 of this Article.

FIXED CARTRIDGE: That self-contained unit consisting of the case, primer, propellant charge and projectile or projectiles.

MAGAZINE: A box, drum or other container which holds and feeds ammunition into a semi-automatic rifle, shotgun or pistol.

PISTOL: A weapon originally designed, made and intended to fire a projectile (bullet) from one or more barrels when held in one hand and having:

A. A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing; and

B. A short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

RIFLE: A weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed cartridge.

SEMI-AUTOMATIC: A weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine.

SHOTGUN: A weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell. (Ord. 15(1994) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304879
6-3H-3: SPECIFIC WEAPONS NOT INCLUDED:linklink

As used in this Article, assault weapon does not include any of the following:


A. All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semi-automatic weapons for which there is no fixed magazine with a capacity of twenty one (21) or more rounds available, all semi-automatic weapons that use exclusively en bloc clips, all semi-automatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.


B. Any firearm that uses .22 caliber rimfire ammunition.


C. Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an "assault weapon". (Ord. 15(1994) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304880
6-3H-4: SUPPLEMENTAL PROVISIONS:linklink

Except as specifically stated herein, the provisions of this Article are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an "assault weapon" in this Article from also being regulated under other provision of law. (Ord. 15(1994) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304881
6-3H-5: POSSESSION OF ASSAULT WEAPONS UNLAWFUL; EXCEPTIONS:linklink

It shall be unlawful to carry, store, keep, manufacture, sell or otherwise possess within the Town a weapon or weapons defined herein as "assault weapons", except that this Section shall not apply to:


A. Government Officials: Any Federal, State or local government agency or to any sworn members of said agencies acting within their official capacities.


B. Movie Props: Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the Town if, prior to such use, the Police Department is notified in advance in writing of the date, time, location, production schedule and days upon which such use shall take place and the type and serial numbers of the firearms.


C. Nonresidents Transporting Legally: The transportation of any assault weapon through the Town by a nonresident who is in legal possession of an assault weapon or a person carrying a permit issued under Section 6-3H-6 of this Article. (Ord. 15(1994) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304882
6-3H-6: CONDITIONAL EXCEPTION:linklink

Any person over the age of twenty one (21) years who obtained an assault weapon legally prior to the effective date hereof may obtain a permit to keep, store and possess said assault weapon if:


A. Said weapon is properly identifiable and contains its original serial number.


B. An application for a permit for each assault weapon is filed with the Police Department within sixty (60) days of the effective date hereof pursuant to such procedures as the Department may establish. The application shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the address where such assault weapon will be stored and such other information as the Department may deem appropriate. The place of storage and possession shall not be changed without notification to the Department of the proposed change in location and when said weapon will be transported. The Department may charge a fee for registration not to exceed the actual processing costs of the Department.


C. The Department shall issue a permit which shall identify the weapon and where it is to be stored.


D. The information required for the registration and permitting of assault weapons shall be treated as confidential and shall not be made available to members of the general public. The Council finds that release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of person at the premises where an assault weapon is located. The information on a permit application shall be used by the Town only for law enforcement purposes. (Ord. 15(1994) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304883
6-3H-7: SALE OR TRANSFER UNLAWFUL:linklink

It is unlawful to sell or transfer possession of an assault weapon possessed pursuant to Section 6-3H-6 of this Article within the Town. (Ord. 15(1994) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304884
6-3H-8: SPECIFIC PROHIBITED ASSAULT WEAPONS:linklink

It is unlawful to carry, store or otherwise possess within the Town any of the following weapons which are hereby declared to be assault weapons except as provided in and subject to all the provisions of this Article:


A. Rifles Prohibited: All of the following specified rifles are prohibited:

1. Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs (all models).

2. Action Arms Israeli Military Industries UZI and Galil.

3. Beretta AR-70 (SC-70).

4. CETME G3.

5. Colt AR-15 and CAR-15.

6. Daewoo K-1, K-2, Max 1 and Max 2.

7. Fabrique Nationale (FN/FAL, FN/LAR and FNC).

8. FAMAS MAS223.

9. Heckler & Koch HK-91, H-93, HK-94 and PSG-1.

10. MAC 10 and MAC 11.

11. SKS with detachable magazine.

12. SIG AMT, SIG 500 Series and SIG PE-57.

13. Springfield Armory BM59 and SAR-48.

14. Sterling MK-6 and SAR.

15. Steyr AUG.

16. Valmet M62, M71S and M78.

17. Armalite AR-180 Carbine.

18. Bushmaster Assault Rifle (armgun).

19. Calico M-900 Assault Carbine.

20. Mandall THE TAC-1 Carbine.

21. Plainfield Machine Company Carbine.

22. PJK M-68 Carbine.

23. Weaver Arm Nighthawk.


B. Pistols Prohibited: All of the following specified pistols are prohibited:

1. Action Arms UZI.

2. Encom MP-9 and MP-45.

3. MAC 10 and MAC 11.

4. INTRATEC TEC-9.

5. Mitchell Arms Spectre Auto.

6. Sterling MK-7.

7. Calico M-900.


C. Shotguns Prohibited: All of the following specified shotguns are prohibited:

1. Franchi SPAS 12 and LAW 12.

2. Gilbert Equipment Company Striker 12.

3. Encom CM-55.


D. Other Models: Other models by the same manufacturer that are identical to firearms listed in subsection A, B or C of this section except for slight modifications or enhancements, including, but not limited to, a folding or retractable stock; adjustable sight; case deflector for left handed shooters; shorter barrel; wooden, plastic or metal stock; larger clip size; different caliber, provided the caliber exceeds .22 rimfire; or bayonet mount.


E. Redesigned, Renamed, Renumbered Firearms: Firearms which have been redesigned from, renamed, renumbered or patterned after one of the listed firearms in subsections A, B, and C of this section or those described in subsection D of this section regardless of the company of production or distribution or the country of origin or any firearm which has been manufactured or sold by another company under a licensing agreement to manufacture or sell the identical or nearly identical firearms as those listed in subsections A, B, and C of this section or those described in subsection D of this section regardless of the company of production or distribution or the country of origin. (Ord. 15(1994) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304885
6-3H-9: MAGAZINE CAPACITY:linklink

It shall be unlawful to carry, store or otherwise possess a magazine which will hold or may be modified to hold twenty one (21) or more rounds. (Ord. 15(1994) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304886
6-3H-10: VIOLATION; DISPOSITION OF WEAPON:linklink

Upon a conviction of violating any provision of this article the weapon shall be confiscated and destroyed under section 6-3G-10 of this chapter. (Ord. 15(1994) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304887
6-3H-11: PENALTY:linklink

Any person who is convicted of violating any provision of this article shall be punished as provided in section 1-4-1 of this code. (Ord. 14(2013) § 3)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34532#s304888