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Posted: 12/30/2002 5:50:17 PM EST
Evidently there has been a House bill introduced that wants to ban machineguns and machinegun ammunition. Suppossedly it does not have a chance but you ought to contact your reps just the same. I picked this up over on subguns.

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Introduced Version

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HOUSE BILL No. 1011

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 35-47; IC 35-50-2-13 .

Synopsis: Ban on assault weapons. Provides that the manufacture, importation, sale, or possession of ammunition for a machine gun, an automatic weapon, or a semiautomatic weapon is a Class C felony. Creates enhanced criminal penalties for a person who commits certain drug offenses while in possession of an automatic or a semiautomatic weapon.

Effective: July 1, 2003.

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Smith V

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January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.

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Introduced

First Regular Session 113th General Assembly (2003)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1011

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A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-47-1-2.5; (03)IN1011.1.1. --> SECTION 1. IC 35-47-1-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2.5. "Automatic weapon" or "semiautomatic weapon" means a weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one (1) shot, without manual reloading, by a single function of the trigger.

SOURCE: IC 35-47-5-8; (03)IN1011.1.2. --> SECTION 2. IC 35-47-5-8 AS AMENDED BY P.L.123-2002, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. A person who owns or possesses knowingly or intentionally:

(1) manufactures;

(2) imports into Indiana;

(3) sells;

(4) purchases;

(5) possesses; or

(6) transfers possession of;
a machine gun, an automatic weapon, a semiautomatic weapon, or
ammunition for any of those weapons commits a Class C felony.

SOURCE: IC 35-50-2-13; (03)IN1011.1.3. --> SECTION 3. IC 35-50-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:

(1) used a firearm; or

(2) possessed: a:

(A) a handgun in violation of IC 35-47-2-1 ;

(B) a sawed-off shotgun in violation of IC 35-47-5-4.1 ; or

(C) a machine gun, an automatic weapon, or a semiautomatic weapon in violation of IC 35-47-5-8 ;
while committing the offense.

(b) If after a sentencing hearing a court finds that a person committed an offense as described in subsection (a), the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows:

(1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years.

(2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. The additional sentence under this subdivision is in addition to any additional sentence imposed under section 11 of this chapter for use of a firearm in the commission of an offense.

SOURCE: ; (03)IN1011.1.4. --> SECTION 4. [EFFECTIVE JULY 1, 2003] IC 35-47-5-8 , as amended by this act, applies to offenses committed after June 30, 2003.

www.in.gov/legislative/bills/2003/IN/IN1011.1.html


Link Posted: 1/3/2003 12:13:55 PM EST
[Last Edit: 1/3/2003 12:15:13 PM EST by Mike_L]
I don't see how this could possibly have a chance of passing. It has so many things wrong with it:

Synopsis: Ban on assault weapons. Provides that the manufacture, importation, sale, or possession of ammunition for a machine gun, an automatic weapon, or a semiautomatic weapon is a Class C felony.
This would make almost every shooter I know a felon, except that this part

Sec. 2.5. "Automatic weapon" or "semiautomatic weapon" means a weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one (1) shot, without manual reloading, by a single function of the trigger.
defines "semiautomatic" to mean a machine gun. (Curious, too, that they define "semiautomatic" and "automatic" but not "machine gun.") Plus saying both "machine gun" and "automatic weapon" is redundant.

Note how they cleverly left this part

a machine gun, an automatic weapon, a semiautomatic weapon, or
ammunition for any of those weapons

out of the synopsis. Wonder how they determine if ammunition is for a machine gun? This would ban all .30-06 and .308 ammo (as well as 9mm, .45ACP, and most other pistol calibers including .22LR).
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