H 604

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1H.604
2 Introduced by Representative Kimbell of Woodstock
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 the
7 manufacture, possession, and transfer of semiautomatic assault weapons.
8    An act relating to semiautomatic assault weapons
9 It is hereby enacted by the General Assembly of the State of Vermont:
10 Sec. 1. 13 V.S.A. § 4028 is added to read:
11 § 4028. SEMIAUTOMATIC ASSAULT WEAPONS; MANUFACTURE,
12POSSESSION, AND TRANSFER PROHIBITED
13    (a) A person shall not manufacture, possess, or transfer a semiautomatic
14 assault weapon.
15    (b) A person who violates this section shall be imprisoned for not more
16 than one year or fined not more than $500.00, or both.
17    (c) This section shall not apply to any semiautomatic assault weapon
18 possessed by:
19(1) a federal law enforcement officer or a law enforcement officer
20 certified as a law enforcement officer by the Vermont Criminal Justice
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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:
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1(i) a folding or telescoping stock;
2(ii) a thumbhole stock;
3(iii) a second handgrip or a protruding grip that can be held by the
4 nontrigger hand;
5(iv) the capacity to accept an ammunition magazine that attaches
6 to the pistol outside the pistol grip;
7(v) a threaded barrel capable of accepting a barrel extender, flash
8 suppressor, forward handgrip, or silencer;
9(vi) a shroud that is attached to, or partially or completely
10 encircles, the barrel and that permits the shooter to hold the firearm with the
11 nontrigger hand without being burned;
12(vii) a manufactured weight of 50 ounces or more when the pistol
13 is unloaded; or
14(viii) a semiautomatic version of an automatic firearm; or
15(C) a semiautomatic shotgun that has at least one of the following
16 features:
17(i) a folding or telescoping stock;
18(ii) a thumbhole stock;
19(iii) a second handgrip or a protruding grip that can be held by the
20 nontrigger hand;
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1(iv) a fixed magazine capacity in excess of seven rounds; or
2(v) the ability to accept a detachable magazine.
3      (2) “Semiautomatic assault weapon” does not include:
4(A) a firearm that:
5(i) is manually operated by bolt, pump, lever, or slide action;
6(ii) has been rendered permanently inoperable; or
7(iii) is an antique firearm as defined in section 4017 of this title;
8(B) a semiautomatic rifle that cannot accept a detachable magazine
9 that holds more than five rounds of ammunition; or
10(C) a semiautomatic shotgun that cannot hold more than five rounds
11 of ammunition in a fixed or detachable magazine.
12 Sec. 2. EFFECTIVE DATE
13   This act shall take effect on passage.
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