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1S.167
2 Introduced by Senators Clarkson, Chittenden, Cummings, Gulick, Hardy,
3Harrison, Lyons, Major, Perchlik, Ram Hinsdale, Watson and
4White
5 Referred to Committee on
6 Date:
7 Subject: Crimes; firearms; semiautomatic assault weapons
8 Statement of purpose of bill as introduced: This bill proposes to prohibit
9 possession of semiautomatic assault weapons.
10    An act relating to prohibiting possession of semiautomatic assault weapons
11 It is hereby enacted by the General Assembly of the State of Vermont:
12 Sec. 1. 13 V.S.A. § 4028 is added to read:
13 § 4028. POSSESSION OF SEMIAUTOMATIC ASSAULT WEAPONS
14PROHIBITED
15    (a) A person shall not possess a semiautomatic assault weapon.
16    (b) A person who violates this section shall be imprisoned for not more
17 than one year or fined not more than $500.00, or both.
18    (c) This section shall not apply to any semiautomatic assault weapon
19 possessed by:
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1(1) a federal law enforcement officer or a law enforcement officer
2 certified as a law enforcement officer by the Vermont Criminal Justice
3 Training Council pursuant to 20 V.S.A. § 2358 for legitimate law enforcement
4 purposes, whether the officer is on or off duty; or
5(2) an active member of the Vermont National Guard, of the National
6 Guard of another state, or of the U.S. Armed Forces.
7    (d)(1) As used in this section, “semiautomatic assault weapon” means:
8(A) a semiautomatic rifle that has the ability to accept a detachable
9 magazine and has at least one of the following features:
10(i) a folding or telescoping stock;
11(ii) a pistol grip that protrudes conspicuously beneath the action of
12 the weapon;
13(iii) a thumbhole stock;
14(iv) a second handgrip or a protruding grip that can be held by the
15 nontrigger hand;
16(v) a bayonet mount;
17(vi) a flash suppressor, muzzle break, muzzle compensator, or
18 threaded barrel designed to accommodate a flash suppressor, muzzle break, or
19 muzzle compensator; or
20(vii) a grenade launcher;
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1(B) a semiautomatic pistol that has the ability to accept a detachable
2 magazine and has at least one of the following features:
3(i) a folding or telescoping stock;
4(ii) a thumbhole stock;
5(iii) a second handgrip or a protruding grip that can be held by the
6 nontrigger hand;
7(iv) capacity to accept an ammunition magazine that attaches to
8 the pistol outside the pistol grip;
9(v) a threaded barrel capable of accepting a barrel extender, flash
10 suppressor, forward handgrip, or silencer;
11(vi) a shroud that is attached to, or partially or completely
12 encircles, the barrel and that permits the shooter to hold the firearm with the
13 nontrigger hand without being burned;
14(vii) a manufactured weight of 50 ounces or more when the pistol
15 is unloaded; or
16(viii) a semiautomatic version of an automatic firearm; or
17(C) a semiautomatic shotgun that has at least one of the following
18 features:
19(i) a folding or telescoping stock;
20(ii) a thumbhole stock;
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1(iii) a second handgrip or a protruding grip that can be held by the
2 nontrigger hand;
3(iv) a fixed magazine capacity in excess of seven rounds; or
4(v) the ability to accept a detachable magazine.
5      (2) “Semiautomatic assault weapon” does not include:
6(A) a firearm that:
7(i) is manually operated by bolt, pump, lever, or slide action;
8(ii) has been rendered permanently inoperable; or
9(iii) is an antique firearm as defined in section 4017 of this title;
10(B) a semiautomatic rifle that cannot accept a detachable magazine
11 that holds more than five rounds of ammunition; or
12(C) a semiautomatic shotgun that cannot hold more than five rounds
13 of ammunition in a fixed or detachable magazine.
14 Sec. 2. EFFECTIVE DATE
15   This act shall take effect on passage.
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