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11/22/2017 10:05:29 PM
Posted: 9/17/2004 5:47:21 PM EST
2. Definitions
(a) “Assault weapon” means any:
(1) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine
and has one or more of the following:
(i) A pistol grip;
(ii) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
(v) A muzzle brake or muzzle compensator.

(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;

(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following: (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(iv) A muzzle brake or muzzle compensator; or
(v) The capacity to accept a detachable magazine at any location outside of the pistol grip;

(4) Semi-automatic shotgun that has one or more of the following:
(i) A pistol grip or a vertical handgrip;
(ii) A folding, telescoping or thumbhole stock;
(iii) A fixed magazine capacity in excess of five rounds; or
(iv) An ability to accept a detachable magazine;

(5) Shotgun with a revolving cylinder;

(6) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
(b) “Assault weapon” does not include any firearm that has been made permanently inoperable.
[Note: Some jurisdictions exclude from the definition of "assault weapon" antique firearms (generally meaning firearms manufactured before 1899, although sometimes including replica firearms) and weapons designed for Olympic target shooting events. However, these exceptions are not required. Such categories of assault weapons also can be subject to registration rather than an outright ban.]

(c) “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.

(d) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.

(e) “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.

(f) “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.

3. Prohibitions
(a) No person, corporation or other entity in the State/County/City may manufacture, import, possess, purchase, sell or transfer any assault weapon or large capacity magazine.
(b) Section (a) shall not apply to:

(1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine, and does so while acting within the scope of his or her duties; or

(2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding device by a firearms manufacturer or dealer that is properly licensed under federal, state and local laws to any branch of the armed forces of the United States, or to a law enforcement agency in this State/County/City for use by that agency or its employees for law enforcement purposes.

[Option 1 – Banning assault weapons already in circulation: Section (3)(c)]

(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable; or
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations].

[Option 2 – Registration of assault weapons already in circulation: Section (3)(c) through (g)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable;
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations]; or
(4) If eligible, register the assault weapon as provided in subsection (d).

(d) Any person seeking to register an assault weapon that he or she legally possessed prior to the effective date of this law must comply with the following requirements:
(1) Submit to a background check conducted by the appropriate law enforcement agency to confirm that he or she is not a prohibited purchaser under 18 U.S.C. § 922 [add the appropriate state and local citations];
(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;
(3) Safely and securely store the assault weapon pursuant to the regulations adopted by the appropriate law enforcement agency. Law enforcement is authorized to inspect the storage of assault weapons to ensure compliance with this subsection;
(4) Annually renew the registration, subject to the completion of a new background check.
(5) Possess the assault weapon only on property owned or immediately controlled by the person, or while on the premises of a licensed gunsmith for the purpose of lawful repair, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from these locations, provided that the assault weapon is stored unloaded in a locked container during transport. The term “locked container” does not include the utility compartment, glove compartment, or trunk, of a motor vehicle.
(6) Report the loss or theft of a registered assault weapon to the appropriate law enforcement agency within 48 hours of the time the discovery was made or should have been made.

(e) If a registered assault weapon is used in the commission of a crime, the registered owner shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault weapon was stolen and the registered owner reported the theft of the firearm to law enforcement within 48 hours of the time the discovery was made or should have been made.

(f) Registered assault weapons may not be purchased, sold or transferred, except for transfer to a licensed gunsmith for the purpose of lawful repair, or transfer to the appropriate law enforcement agency for the purpose of surrendering the assault weapon for destruction. Persons acquiring an assault weapon by inheritance, bequest, or succession, shall, within 90 days of acquiring title, do one of the following:
(1) Modify the assault weapon to render it permanently inoperable; or
(2) Surrender the assault weapon to the appropriate law enforcement agency for destruction [subject to specific agency regulations].

(g) Law enforcement may charge a fee for each registration and registration renewal pursuant to Section (c).

4. Penalties [Penalties vary significantly based on the standards of each state and local government. States almost always make assault weapon violations a felony. Maximum penalties range from three to 15 years in prison (but may be lower for first-time offenders), and a fine of several thousand dollars is sometimes an additional penalty, depending on the circumstances. Local penalties are usually limited to one year in jail and/or a $1,000 fine, although these penalties may be lower in some cases/jurisdictions. In almost all cases, the weapons are subject to seizure and destruction.]

5. Severability If any provision or term of this chapter is for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Chapter or any part thereof. The State/County/City hereby declares that it would have adopted this Chapter notwithstanding the unconstitutionality, invalidity or ineffectiveness of any one or more of its articles, sections, subsections, sentences or clauses.

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Battle for Strong Assault Weapon Ban is not Over
9/16/2004


Press Release
Legal Community Against Violence
268 Bush Street, # 555
San Francisco, CA 94104
www.lcav.org

Contact:
Cori Stell
Phone: 415-433-2062

San Francisco-based public interest law center urges state and local action to fill the void left by expiration of federal assault weapon ban.

San Francisco, CA - The federal assault weapon ban expired September 13, 2004, thanks to the inaction of President Bush and the Republican leadership of Congress. The 1994 law, which included a 10-year sunset provision, was supported by every major law enforcement organization in the nation, as well as by Presidents Ford, Carter, Reagan and Clinton. The law and its reauthorization were bitterly opposed by the National Rifle Association (NRA).

"We are deeply troubled that President Bush and Congress have bowed to the will of the NRA and chosen to ignore the will of the people," said Sue Ann Schiff, Executive Director of Legal Community Against Violence (LCAV), a nonprofit law center formed in the wake of the 1993 assault weapon massacre at 101 California Street in San Francisco. "Renewal of the assault weapon ban was supported by an overwhelming majority of the American public, including gun owners," she stated.

Schiff urged state and local governments to act to adopt their own assault weapon laws. "Expiration of the federal ban demonstrates that we cannot rely solely on Congress and the President. It is crucial that state and local governments implement innovative laws and policies to fill in gaps in federal law and serve as a catalyst for the nationwide policies we need."

Today LCAV reissued its report, Banning Assault Weapons -- A Legal Primer for State and Local Action, as a legal roadmap for public officials and gun violence prevention activists working to ban assault weapons at the state and local level. "The model law contained in the report provides a starting point for these efforts," Schiff said. "California's law, the most comprehensive assault weapon ban in the country, was a key source for our model, but we also incorporated the best elements of other state and local assault weapon bans. As a result, LCAV's model is stronger than any existing state or local ban, stronger even than bills introduced in the Senate and House to improve the now-expired federal ban."

In addition to California, six other states -- Connecticut, New Jersey, Hawaii, Maryland, Massachusetts and New York -- have assault weapon bans in place. At least 17 local communities across the nation also have adopted assault weapon bans.

"Existing laws must be vigorously enforced and many more jurisdictions must act to help keep these horrific weapons of war off our streets," Schiff added.

Schiff observed that the gun industry has eagerly anticipated the expiration of the federal law. "Production of assault weapons is expected to increase and prices of the weapons are expected to drop as gun manufacturers flood the civilian marketplace," she stated. "The need for strong state and local gun policies is more urgent than ever."

Schiff noted that President Bush had repeatedly pledged support for reauthorization of the ban -- stating during the last presidential campaign that "It makes no sense for assault weapons to be around our society" - yet failed to act in furtherance of that pledge. She stated that the Republican leadership in the House had taken the position that it would only bring a bill to renew the assault weapon ban to a vote if instructed to do so by the President. The President, however, refused to act and the law was allowed to lapse.

Date of Release: September 14, 2004



This article is online at http://www.jointogether.org/z/0,2522,574645,00.html

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http://www.lcav.org/library/featured_topics.asp#aw

Assault Weapons

LCAV’s report, model law, model resolution and opinion editorial furnish advocates and public officials with tools for evaluating and pursuing options to ban assault weapons throughout the country.


Statement on the Expiration of the Federal Assault Weapon Ban September 14, 2004


Banning Assault Weapons - A Legal Primer for State and Local Action (2004)
Written for activists and public officials and intended to serve as a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans at the state and local level. Originally released in April 2004, and reissued with minor technical revisions in September 2004 following the September 13, 2004 expiration of the federal assault weapon ban.


Model Law Banning Assault Weapons
Bans assault weapons using provisions that are more comprehensive than federal law. Also bans large capacity ammunition magazines.


Model Resolution to Renew and Strengthen the Federal Assault Weapon Ban (June 2004)
Urges Congress and the President to renew and strengthen the federal assault weapon ban, which will expire on September 13, 2004 unless it is reauthorized.


Battle for Strong Assault Weapon Ban Is Not Over Press release issued September 14, 2004.


Expired ban on assault weapons will leave us vulnerable, San Francisco Chronicle (September 10, 2004).


Banning Assault Weapons – A Legal Primer for State and Local Action

A Publication of Legal Community Against Violence


This report has been created to provide public officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans – particularly those at the state and local level. Although the report discusses the law in this area of firearms regulation, it does not offer, and is not intended to constitute, legal advice.

http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp
Statement on the Expiration of the Federal Assault Weapon Ban


Preface


Introductio­n: How to Use This Resource


Why Ban Assault Weapons?



A Brief History of Assault Weapon Regulation in the U.S.



Is the Federal Assault Weapon Ban Adequate?



Existing State and Local Assault Weapon Bans



Why Push for State and Local Action?



The Legal Background



How Can LCAV Help


 



Appendix A: Assault Weapon Laws in the United States



Appendix B: Snapshot Comparison of Federal and State Assault Weapon Bans



Appendix C: Profiles of Federal and State Assault Weapon Bans and Litigation



Appendix D: Common Legal Challenges to Laws Banning Assault Weapons



Appendix E: Excerpts of the Federal Assault Weapon Ban



Appendix F: Excerpts of the California Assault Weapon Ban



Appendix G: LCAV Model Law to Ban Assault Weapons
Link Posted: 9/18/2004 12:04:21 AM EST
Thanks for the info. Doc.
Link Posted: 9/18/2004 5:33:11 AM EST
Is this for the state of Md or the whole US?

Thanks
Bobthenailer
Link Posted: 9/18/2004 8:08:17 AM EST
thats what a san francisco violence think tank would propose for all of America

http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp

Banning Assault Weapons – A Legal Primer for State and Local Action

 

A Publication of Legal Community Against Violence

This report has been created to provide public officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans – particularly those at the state and local level. Although the report discusses the law in this area of firearms regulation, it does not offer, and is not intended to constitute, legal advice.

Link Posted: 9/18/2004 2:23:13 PM EST
Playing devil's advocate, I think if i was on the "other side" i wouldn't encourage this sort of thing. It seems that the trick to succesfully passing gun control legislation is not to ban anything too broadly. The 1994 AWB was just the thing at the time. It was annoying enough to piss off 2nd amendment advocates but not sooo annoying as to irritate the general population. This language would ban most semi-auto pistols (what wouldn't it affect? It would even get 1911s since there are mags that hold more than 10 and there is nothing physically preventing you from making a mag of whatever lenghth you please) and probably even some purely "sporting/hunting" weapons.

Just kills me how intellectually dishonest the other side has to be to win this.
Link Posted: 9/18/2004 4:20:41 PM EST
I have this question... if flash suppressors are so bad, and pistol grips are so bad, and folding stocks are so bad, etc, then why aren't these features proposed to be banned on ALL firearms, not just semi autos?

Don't have to answer, this is a retorical question.
Link Posted: 9/18/2004 6:50:01 PM EST
Despite the rhetorical nature of your statement, I'll state the obvious: there's no reason. It's all arbitrary. I imagine next time an "AWB" type bill comes up there will be new evil features such as lasers, foreward grips, muzzle brakes, flashlights, red dot sights, or whatever movie the libs saw recently that had a mean looking piece.
Link Posted: 9/19/2004 4:40:31 PM EST
These guys really want a war don't they? Do they honestly believe people will give up these guns because somebody says we have to? Do they realize what a few thousand people refusing their confiscation and taking action would do? We need to take a stand and say no more. The government rules by intimidation. If enough gun owners refused, they would back off as the weak always do.
Link Posted: 9/19/2004 8:14:18 PM EST
[Last Edit: 9/19/2004 8:21:42 PM EST by Suburban]
That's pretty much exactly the same as the PA bill. Probably won't pass into PA law, but could eventually pass as a national law I guess, which would suck.

And who, pray tell, is supposed to foot the bill for destroying millions of "assault weapons" and "high-capacity ammunition feeding devices?"

Pretty much anything that has a detachable magazine, you could make a "high-capacity magazine" for.


(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;


If prohibited, you get to keep your stuff with no registration then?


Origionally posted by A-Free_Man
I have this question... if flash suppressors are so bad, and pistol grips are so bad, and folding stocks are so bad, etc, then why aren't these features proposed to be banned on ALL firearms, not just semi autos?This one would ban pump guns too

Don't have to answer, this is a retorical question.

Link Posted: 9/20/2004 5:01:44 AM EST

Originally Posted By Suburban:

(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;


If prohibited, you get to keep your stuff with no registration then?



Actually yes.

Same thing happened in California following their ban. Has to do with 5th amendment protections.

They had to accept special "amnesty" registrations long after it closed for everyone else.
Link Posted: 9/21/2004 2:54:43 PM EST
There is only one purpose for registration... to make a list for CONFISCATION.

Never register.
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