LIONHART Posted January 26, 2005 Report Share Posted January 26, 2005 Senate Bill Report S-0230 SENATE BILL REPORT S-0230 As of January 22, 2005 Title: An Act Relating to the Assault Weapons Ban of 2005. Brief Description: Assault Weapons Ban of 2005 Sponsors: Brief History: Committee Activity: Judiciary: 1/25/05 SENATE COMMITTEE ON JUDICIARY Staff: Aldo Melchiori (786-7439) Background: In 1994, Congress adopted the Violent Crime Control and Law Enforcement Act of 1994. This federal law imposed a 10-year moratorium on the manufacture, transfer, and possession of certain semiautomatic firearms. It banned 18 models and variations by name , as well as revolving cylinder shotguns, and prohibited flash hiders, folding rifle stocks, and threaded barrels for attaching silencers. This law expired on September 13, 2004. Seven states (California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York) have enacted laws regarding assault weapons. Summary of Bill: "Assault weapon" is defined as any semiautomatic pistol or any semiautomatic or pump action rifle or shotgun, capable of accepting a detachable magazine with a capacity of more than 10 rounds of ammunition, and that also possesses any one characteristic on a list. For shotguns and rifles only: (1) a pistol grip located rear of the trigger; or (2) a stock, including thumbhole, folding, and telescoping stocks, that allows a specified grip. For shotguns only: (1) a detachable magazine; or (2) a revolving cylinder. For pistols only: (1) a shoulder stock of any kind; or (2) a detachable magazine at any location outside the pistol grip. For any firearm: (1) a barrel shroud; (2) a muzzle brake or muzzle compensator; (3) any feature capable of functioning as a protruding grip for the non-trigger hand; or (4) a conversion kit or combination of parts from which an assault weapon can be assembled if the parts are in the possession or under the control of any person. "Detachable magazine", "barrel shroud", "muzzle brake", muzzle compensator", and "conversion kit" are all defined. The sale, unregistered possession, purchase, sale, or manufacture of assault weapons and assault weapon conversion kits is prohibited. These weapons and conversion kits are declared a public nuisance. Violations are a class C felony ranked at level III on the sentencing grid (1 to 3 months incarceration for a first offense). There are exceptions for law enforcement, military personnel, and federal or state licensed manufacturers and repairers. Current owners may: permanently disable the firearm; take them to a law enforcement agency for destruction; transfer ownership to a law enforcement agency for law enforcement purposes; or comply with the specified registration requirements. Present owners, and those who gain ownership by inheritance, may retain their assault weapon if they were legally owned prior to the act, but only if they: (1) submit to an annual background check for firearm purchase; (2) annually register the weapon with the sheriff in the county where the weapon is usually stored, unless they are prohibited from possessing a firearm; and (3) safely store the weapon. The law enforcement agency may charge a fee for registration and renewals. Law enforcement may inspect the storage of the weapon not more than once per year. The person may only possess the weapon on their own property, at a licensed firing range, or during transport to these locations. The weapon must be unloaded and in a locked container during transport. Violation of the registration requirements is a gross misdemeanor. Any violation of these laws results in immediate revocation of the registration of every assault weapon registered to the person. Appropriation: None. Fiscal Note: Not requested. Committee/Commission/Task Force Created: No. Effective Date: The bill contains an emergency clause and takes effect on July 1, 2005. Link to comment Share on other sites More sharing options...
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