Vermont S 167: An act relating to miscellaneous amendments to education law

Bill Text

BILL AS INTRODUCED S.167
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VT LEG #385113 v.1
S.167 1
Introduced by Senators Clarkson, Chittenden, Cummings, Gulick, Hardy, 2
Harrison, Lyons, Major, Perchlik, Ram Hinsdale, Watson and 3
White 4
Referred to Committee on 5
Date: 6
Subject: Crimes; firearms; semiautomatic assault weapons 7
Statement of purpose of bill as introduced: This bill proposes to prohibit 8
possession of semiautomatic assault weapons. 9
An act relating to prohibiting possession of semiautomatic assault weapons 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. § 4028 is added to read: 12
§ 4028. POSSESSION OF SEMIAUTOMATIC ASSAULT WEAPONS 13
PROHIBITED 14
(a) A person shall not possess a semiautomatic 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

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VT LEG #385113 v.1
(1) a federal law enforcement officer or a law enforcement officer 1
certified as a law enforcement officer by the Vermont Criminal Justice 2
Training Council pursuant to 20 V.S.A. § 2358 for legitimate law enforcement 3
purposes, whether the officer is on or off duty; or 4
(2) an active member of the Vermont National Guard, of the National 5
Guard of another state, or of the U.S. Armed Forces. 6
(d)(1) As used in this section, “semiautomatic assault weapon” means: 7
(A) a semiautomatic rifle that has the ability to accept a detachable 8
magazine and has at least one of the following features: 9
(i) a folding or telescoping stock; 10
(ii) a pistol grip that protrudes conspicuously beneath the action of 11
the weapon; 12
(iii) a thumbhole stock; 13
(iv) a second handgrip or a protruding grip that can be held by the 14
nontrigger hand; 15
(v) a bayonet mount; 16
(vi) a flash suppressor, muzzle break, muzzle compensator, or 17
threaded barrel designed to accommodate a flash suppressor, muzzle break, or 18
muzzle compensator; or 19
(vii) a grenade launcher; 20

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VT LEG #385113 v.1
(B) a semiautomatic pistol that has the ability to accept a detachable 1
magazine and has at least one of the following features: 2
(i) a folding or telescoping stock; 3
(ii) a thumbhole stock; 4
(iii) a second handgrip or a protruding grip that can be held by the 5
nontrigger hand; 6
(iv) capacity to accept an ammunition magazine that attaches to 7
the pistol outside the pistol grip; 8
(v) a threaded barrel capable of accepting a barrel extender, flash 9
suppressor, forward handgrip, or silencer; 10
(vi) a shroud that is attached to, or partially or completely 11
encircles, the barrel and that permits the shooter to hold the firearm with the 12
nontrigger hand without being burned; 13
(vii) a manufactured weight of 50 ounces or more when the pistol 14
is unloaded; or 15
(viii) a semiautomatic version of an automatic firearm; or 16
(C) a semiautomatic shotgun that has at least one of the following 17
features: 18
(i) a folding or telescoping stock; 19
(ii) a thumbhole stock; 20

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VT LEG #385113 v.1
(iii) a second handgrip or a protruding grip that can be held by the 1
nontrigger hand; 2
(iv) a fixed magazine capacity in excess of seven rounds; or 3
(v) the ability to accept a detachable magazine. 4
(2) “Semiautomatic assault weapon” does not include: 5
(A) a firearm that: 6
(i) is manually operated by bolt, pump, lever, or slide action; 7
(ii) has been rendered permanently inoperable; or 8
(iii) is an antique firearm as defined in section 4017 of this title; 9
(B) a semiautomatic rifle that cannot accept a detachable magazine 10
that holds more than five rounds of ammunition; or 11
(C) a semiautomatic shotgun that cannot hold more than five rounds 12
of ammunition in a fixed or detachable magazine. 13
Sec. 2. EFFECTIVE DATE 14
This act shall take effect on passage. 15