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MISSISSIPPI LEGISLATURE REGULAR SESSION 2013

By: Senator(s) Jones To: Judiciary, Division A

SENATE BILL NO. 2765

1 AN ACT TO RESTRICT THE POSSESSION OR USE OF MACHINE IN 2 THE PERPETRATION OR ATTEMPTED PERPETRATION OF A CRIME OF VIOLENCE; 3 TO PROHIBIT TRANSFER OF A MACHINE TO A PERSON UNDER 16; TO 4 DEFINE ASSAULT ; TO PROHIBIT SALE OR TRANSFER OF ASSAULT 5 ; TO PROHIBIT POSSESSION OF ASSAULT WEAPONS; TO ENACT 6 EXCEPTIONS; TO PROVIDE FOR A CERTIFICATE OF POSSESSION OF AN 7 AND A CERTIFICATE OF TRANSFER OF AN ASSAULT WEAPON 8 TO A GUN DEALER; TO AUTHORIZE RELINQUISHMENT OF AN ASSAULT WEAPON 9 TO A LAW ENFORCEMENT AGENCY; TO PROVIDE FOR LEGAL TRANSPORTATION 10 OF AN ASSAULT WEAPON; TO REQUIRE THE REPORT OF ANY LOSS OR THEFT 11 OF AN ASSAULT WEAPON OR OTHER AND PROVIDE A PENALTY FOR 12 FAILURE TO REPORT; TO ALLOW THE TEMPORARY TRANSFER OR POSSESSION 13 OF AN ASSAULT WEAPON TO AN OUT-OF-STATE EVENT; TO SPECIFY THE 14 CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION OF ASSAULT 15 WEAPONS IS NOT PROHIBITED; TO CREATE THE OFFENSE OF COMMISSION OF 16 A FELONY WITH AN ASSAULT WEAPON AND TO PROVIDE AN 8-YEAR 17 NONSUSPENDABLE SENTENCE THEREFOR; TO CREATE THE OFFENSE OF 18 COMMISSION OF A FELONY WITH A FIREARM AND TO PROVIDE A 5-YEAR 19 NONSUSPENDABLE SENTENCE THEREFOR; TO DEFINE ARMOR-PIERCING AND 20 INCENDIARY AND PROHIBIT SALE OR TRANSFER THEREOF; TO 21 CREATE EXCEPTIONS FOR THE TRANSFER, REGISTRATION AND POSSESSION OF 22 CERTAIN ASSAULT WEAPONS; TO CREATE AN AFFIRMATIVE DEFENSE TO 23 PROSECUTIONS UNDER THE ACT; TO CREATE THE OFFENSE OF 24 TRAFFICKING; AND FOR RELATED PURPOSES. 25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

26 SECTION 1. (1) As used in this section: 27 (a) "" means a weapon of any description, 28 loaded or unloaded, that shoots, is designed to shoot or can be 29 readily restored to shoot automatically more than one , S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ G1/2 13/SS01/R392 PAGE 1 (as\sg) 30 without manual reloading, by a single function of the , and 31 shall also include any part or combination of parts designed for 32 use in converting a weapon into a machine gun and any combination 33 of parts from which a machine gun can be assembled if the parts 34 are in the possession of or under the control of a person. 35 (b) "Crime of violence" means any of the following

36 named crimes or an attempt to commit any of the following named 37 crimes: murder, manslaughter, kidnapping, rape, sexual battery, 38 assault, robbery, armed robbery, burglary and larceny. 39 (c) "Projectile" means any size that when 40 affixed to any case may be propelled through the bore of 41 a machine gun. 42 (2) Any person who possesses or uses a machine gun in the

43 perpetration or attempted perpetration of a crime of violence 44 shall be imprisoned not less than ten (10) years nor more than 45 twenty (20) years. 46 (3) Any person who (a) possesses or uses a machine gun for 47 an offensive or aggressive purpose, or (b) notwithstanding the

48 provisions of subsection (8) of this section, transfers, sells or 49 gives a machine gun to a person under sixteen (16) years of age,

50 including the temporary transfer of a machine gun to the person 51 for use in target shooting or on a firing or shooting range or for 52 any other purpose, shall be fined not more than One Thousand 53 Dollars ($1,000.00), and imprisoned not less than five (5) years 54 nor more than ten (10) years.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 2 (as\sg) 55 (4) The possession or use of a machine gun shall be presumed 56 to be for an offensive or aggressive purpose: 57 (a) When the machine gun is on premises not owned or 58 rented for bona fide permanent residence or business occupancy by 59 the person in whose possession the machine gun was found; or 60 (b) When in the possession of, or used by, an

61 unnaturalized foreign-born person, or a person who has been 62 convicted of a crime of violence in any state or federal court of 63 record of the United States, its territories or insular 64 possessions; or 65 (c) When the machine gun is of the kind described in 66 subsection (7) of this section and has not been registered as 67 therein required; or

68 (d) When empty or loaded of any caliber 69 which have been or are susceptible of use in the machine gun are 70 found in the immediate vicinity thereof. 71 (5) The presence of a machine gun in any room, boat or 72 shall be presumptive evidence of the possession or use of

73 the machine gun by each person occupying such room, boat or 74 vehicle.

75 (6) Each manufacturer shall keep a register of all machine 76 guns manufactured or handled by the manufacturer. The register 77 shall show the model and serial number, dates of manufacture, 78 sale, loan, gift, delivery or receipt of each machine gun, the 79 name, address and occupation of the person to whom the machine gun

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 3 (as\sg) 80 was sold, loaned, given or delivered, or from whom it was 81 received, and the purpose for which it was acquired by the person 82 to whom the machine gun was sold, loaned, given or delivered. 83 Upon demand, any manufacturer shall permit any marshal or police 84 officer to inspect the manufacturer's entire stock of machine 85 guns, and parts and supplies therefor, and shall produce the

86 required register for inspection. Any person who violates any 87 provision of this subsection shall be fined not more than Two 88 Thousand Dollars ($2,000.00). 89 (7) Each machine gun in this state adapted to use 90 projectiles of any caliber shall be registered with the 91 Commissioner of Public Safety within twenty-four (24) hours after 92 its acquisition and, thereafter, annually. Forms for registration

93 shall be prepared by the commissioner and furnished upon 94 application. To comply with this subsection, the application as 95 filed shall show the model and serial number of the gun, the name, 96 address and occupation of the person in possession, and from whom 97 and the purpose for which the gun was acquired. The registration

98 data shall not be subject to inspection by the public and is not a 99 public record. Any person who fails to register any gun as

100 required hereby shall be presumed to possess the gun for an 101 offensive or aggressive purpose. The provisions of this 102 subsection shall not apply to any machine gun which has been 103 registered under the provisions of subsection (6) and which is 104 still in the actual possession of the manufacturer.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 4 (as\sg) 105 (8) No provision of this section shall apply to: 106 (a) The manufacture of machine guns for sale or 107 transfer to the United States government, to any state, territory 108 or possession of the United States or to any political subdivision 109 thereof or to the District of Columbia; 110 (b) The possession of a machine gun rendered inoperable

111 by welding of all critical functioning parts and possessed as a 112 curiosity, ornament or keepsake; or 113 (c) A machine gun acquired, transferred or possessed in 114 accordance with the , as amended, provided 115 such machine gun shall be subject to the provisions of subsection 116 (7) of this section.

117 SECTION 2. (1) "Assault weapon" does not include any 118 firearm modified to render it permanently inoperable; "Assault 119 weapon" means: 120 (a) Any semiautomatic, centerfire or rimfire with 121 the capacity to accept more than ten (10) rounds or any 122 selective-fire firearm capable of fully automatic, semiautomatic

123 or burst fire at the option of the user or any of the following 124 specified semiautomatic firearms: Algimec Agmi; Armalite AR-180;

125 Australian Automatic Arms SAP ; Auto-Ordnance Thompson type; 126 Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; 127 AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico 128 models M-900, M-950 and 100-P; Chartered Industries of Singapore 129 SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2;

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 5 (as\sg) 130 Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or 131 FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 132 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz 133 High-Tech and High-Tech Long Pistol; Heckler & Koch HK-91, 134 HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 135 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer

136 model 3000; Ruger Mini-14/5F folding stock model only; Scarab 137 Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto 138 Pistol; BM59, SAR-48 and G-3; Sterling MK-6 and 139 MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder 140 ; USAS-12; Carbine, Mini-Carbine and Pistol; Weaver 141 Arms Nighthawk; Wilkinson "Linda" Pistol; 142 (b) A part or combination of parts designed or intended

143 to convert a firearm into an assault weapon or any combination of 144 parts from which an assault weapon may be rapidly assembled if 145 those parts are in the possession or under the control of the same 146 person; 147 (c) Any semiautomatic firearm not listed in subdivision

148 (1) of this subsection that meets the following criteria: 149 (i) A semiautomatic rifle that has an ability to

150 accept a detachable magazine and has at least two of the 151 following: 152 1. A folding or telescoping stock; 153 2. A that protrudes conspicuously 154 beneath the of the weapon;

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 6 (as\sg) 155 3. A mount; 156 4. A or threaded barrel 157 designed to accommodate a flash suppressor; and 158 5. A launcher; or 159 (ii) A semiautomatic pistol that has an ability to 160 accept a detachable magazine and has at least two of the

161 following: 162 1. An ammunition magazine that attaches to 163 the pistol outside of the pistol grip; 164 2. A threaded barrel capable of accepting a 165 barrel extender, flash suppressor, forward handgrip or silencer; 166 3. A shroud that is attached to, or partially 167 or completely encircles, the barrel and that permits the shooter

168 to hold the firearm with the nontrigger hand without being burned; 169 4. A manufactured weight of fifty ounces or 170 more when the pistol is unloaded; and 171 5. A semiautomatic version of an automatic 172 firearm; or

173 (iii). A semiautomatic that has at least 174 two of the following:

175 1. A folding or telescoping stock; 176 2. A pistol grip that protrudes conspicuously 177 beneath the action of the weapon; 178 3. A fixed magazine capacity in excess of 179 five rounds; and

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 7 (as\sg) 180 (iv) An ability to accept a detachable magazine; 181 or 182 (d) A part or combination of parts designed or intended 183 to convert a firearm into an assault weapon or any combination of 184 parts from which an assault weapon may be rapidly assembled if 185 those parts are in the possession or under the control of the same

186 person. 187 (2) (a) Any person who, within this state, distributes, 188 transports or imports into the state, keeps for sale, or offers or 189 exposes for sale, or who gives any assault weapon shall be guilty 190 of a felony and shall be fined not more than Ten Thousand Dollars 191 ($10,000.00) and sentenced to a term of imprisonment of not less 192 than one (1) nor more than ten (10) years, of which two (2) years

193 may not be suspended or reduced. 194 (b) Any person who transfers, sells or gives any 195 assault weapon to a person under eighteen years of age in 196 violation of this section shall be sentenced to a term of 197 imprisonment of six (6) years, which shall not be suspended or

198 reduced and shall be in addition and consecutive to the term of 199 imprisonment imposed under paragraph (a) of this subsection.

200 (c) This subsection does not apply to: 201 (i) The sale of assault weapons to the Department 202 of Public Safety, police departments, the Department of 203 Corrections or the or naval forces of this state or of

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 8 (as\sg) 204 the United States for use in the discharge of their official 205 duties; 206 (ii) A person who is the executor or administrator 207 of an estate that includes an assault weapon for which a 208 certificate of possession has been issued; 209 (iii) The transfer by bequest or intestate

210 succession of an assault weapon for which a certificate of 211 possession has been issued. 212 (3) (a) Except as provided in subsection (5) of this 213 section, any person who possesses any assault weapon shall be 214 guilty of a felony and shall be fined not more than Five Thousand 215 Dollars ($5,000.00) and sentenced to a term of imprisonment of not 216 less than one (1) nor more than five (5) years, of which one (1)

217 year may not be suspended or reduced; except that a first-time 218 violation of this subsection shall be a misdemeanor if: (i) the 219 person presents proof that he lawfully possessed the assault 220 weapon before October 1, 2013, and (ii) the person has otherwise 221 possessed the firearm in compliance with subsection (4) of this

222 section. 223 (b) The provisions of paragraph (a) of this subsection

224 do not apply: 225 (i) To the possession of assault weapons by 226 members or employees of the Department of Public Safety, police 227 departments, the Department of Corrections or the military or 228 naval forces of this state or of the United States for use in the

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 9 (as\sg) 229 discharge of their official duties or use of assault weapons by 230 sworn members of these agencies when on duty and the use is within 231 the scope of their duties. 232 (ii) To a person who is the executor or 233 administrator of an estate that includes an assault weapon for 234 which a certificate of possession has been issued.

235 (4) (a) Any person who lawfully possesses an assault weapon 236 before October 1, 2013, shall apply by October 1, 2013, or, if a 237 member of the military or naval forces of this state or of the 238 United States and is unable to apply by October 1, 2013, because 239 he or she is or was on official duty outside of this state, shall 240 apply within ninety (90) days of returning to the state, to the 241 Department of Public Safety for a certificate of possession with

242 respect to the assault weapon. The certificate shall contain a 243 description of the firearm that identifies it uniquely, including 244 all identification marks, the full name, address, date of birth 245 and thumbprint of the owner, and any other information as the 246 department may deem appropriate. The department shall adopt

247 regulations not later than September 1, 2013, to establish 248 procedures with respect to the application for and issuance of

249 certificates of possession pursuant to this section. The records 250 as to the persons issued a certificate of possession shall be 251 confidential, are not a public record, and shall not be disclosed, 252 except such records may be disclosed to law enforcement agencies.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 10 (as\sg) 253 (b) No assault weapon may be sold or transferred to any 254 person within this state other than to a licensed gun dealer or by 255 inheritance. Any person who obtains title to an assault weapon 256 for which a certificate of possession has been issued under this 257 section shall, within ninety (90) days of obtaining title, apply 258 to the Department of Public Safety for a certificate of

259 possession, render the weapon permanently inoperable, sell the 260 weapon to a licensed gun dealer, or remove the weapon from the 261 state. Any person who moves into the state in lawful possession 262 of an assault weapon, shall, within ninety (90) days, either 263 render the weapon permanently inoperable, sell the weapon to a 264 licensed gun dealer or remove the weapon from this state, except 265 that any person who is a member of the military or naval forces of

266 this state or of the United States who is in lawful possession of 267 an assault weapon and has been transferred into the state may, 268 within ninety (90) days of arriving in the state, apply to the 269 Department of Public Safety for a certificate of possession with 270 respect to the assault weapon.

271 (c) If an owner of an assault weapon sells or transfers 272 the weapon to a licensed gun dealer, he shall, at the time of

273 delivery of the weapon, execute a certificate of transfer and 274 cause the certificate to be mailed or delivered to the 275 Commissioner of Public Safety. The certificate shall contain: 276 (i) the date of sale or transfer; (ii) the name and address of the 277 seller or transferor and the licensed gun dealer, their social

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 11 (as\sg) 278 security numbers or motor vehicle operator license numbers, if 279 applicable; (iii) the licensed gun dealer's federal firearms 280 license number; (iv) a description of the weapon, including the 281 caliber of the weapon and its make, model and serial number; and 282 (v) any other information the commissioner prescribes. The 283 licensed gun dealer shall present his motor vehicle operator's

284 license or social security card and to 285 the seller or transferor for inspection at the time of purchase or 286 transfer. The Commissioner of Public Safety shall maintain a file 287 of all certificates of transfer at his central office which is not 288 a public record. 289 (d) A person who has been issued a certificate of 290 possession of an assault weapon under this section may possess it

291 only under the following conditions: 292 (i) At that person's residence, place of business 293 or other property owned by that person, or on property owned by 294 another with the owner's express permission; 295 (ii) While on the premises of a target range of a

296 public or private club or organization organized for the purpose 297 of practicing shooting at targets;

298 (iii) While on a target range that holds a 299 regulatory or business license for the purpose of practicing 300 shooting at that target range; 301 (iv) While on the premises of a licensed shooting 302 club;

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 12 (as\sg) 303 (v) While attending any exhibition, display or 304 educational project that is about firearms and which is sponsored 305 by, conducted under the auspices of, or approved by, a law 306 enforcement agency or a nationally or state recognized entity that 307 fosters proficiency in, or promotes education about, firearms; or 308 (vi) While transporting the assault weapon between

309 any of the places mentioned in this subsection, or to any licensed 310 gun dealer for servicing or repair pursuant to subsection (6) of 311 this section if the assault weapon is transported as required by 312 subsection (6). 313 (5) Any individual may arrange in advance to relinquish an 314 assault weapon to a police department or the Department of Public 315 Safety. The assault weapon shall be transported in accordance

316 with the provisions of subsection (6) of this section.

317 (6) (a) (i) While transporting an assault weapon between 318 any of the places listed in subsection (4) of this section, no 319 person shall carry a loaded assault weapon concealed from public 320 view or knowingly have in any motor vehicle owned, operated or

321 occupied by him: 1. a loaded assault weapon, or 2. an unloaded 322 assault weapon unless the weapon is kept in the trunk of the

323 vehicle or in a case or other container which is inaccessible to 324 the operator of or any passenger in the vehicle. Any person who 325 violates the provisions of this subsection shall be fined not more 326 than Five Hundred Dollars ($500.00) or imprisoned not more than 327 three (3) years, or both.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 13 (as\sg) 328 (ii) Any licensed gun dealer who lawfully 329 possesses an assault weapon pursuant to subsection (4) of this 330 section may transport the assault weapon between dealers or out of 331 the state, display it at any gun show licensed by a state or local 332 governmental entity or sell it to a resident outside the state. 333 Any transporting of the assault weapon allowed by this subsection

334 must be done as required by this subsection. 335 (iii) 1. Any licensed gun dealer may take 336 possession of any assault weapon for the purposes of servicing or 337 repair from any person to whom has been issued a certificate of 338 possession for such weapon.

339 (b) Any licensed gun dealer may transfer possession of 340 any assault weapon received pursuant to this subsection to a

341 for purposes of accomplishing service or repair of the 342 same. Transfers are permissible only to the following persons: 343 (i) A gunsmith who is in the dealer's employ; 344 (ii) A gunsmith with whom the dealer has 345 contracted for gunsmithing services, provided the gunsmith

346 receiving the assault weapon holds a dealer's license issued 347 pursuant to Title 18, Chapter 44, Section 921 et seq, U.S.C. and

348 the regulations issued pursuant thereto. 349 (c) "Licensed gun dealer" means a person who has a 350 federal firearms license.

351 (7) (a) Any person who lawfully possesses an assault weapon 352 or a firearm that is lost by or stolen from the person shall

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 14 (as\sg) 353 report the loss or theft to the law enforcement agency in which 354 the loss or theft occurred within seventy-two (72) hours after the 355 person discovered or should have discovered the loss or theft. 356 The law enforcement agency shall forward a copy of the report to 357 the Commissioner of Public Safety. The provisions of this 358 subsection shall not apply to the loss or theft of an antique

359 firearm. 360 (b) Any person who fails to make a report required by 361 this subsection within the prescribed time period commits an 362 infraction and shall be fined not more than Ninety Dollars 363 ($90.00) for a first offense and, upon a second offense, shall be 364 guilty of a felony and shall be fined not more than Five Thousand 365 Dollars ($5,000.00) and imprisoned for not less than one (1) nor

366 more than five (5) years, and for any third or subsequent offense, 367 shall be guilty of a felony and fined not more than Ten Thousand 368 Dollars ($10,000.00) and imprisoned not less than one (1) nor more 369 than ten (10) years. A first offense of this section shall not 370 deprive a person of the right to obtain a firearms concealed carry

371 permit under Section 45-9-101. 372 (8) This act does not apply to the temporary transfer or

373 possession of an assault weapon for which a certificate of 374 possession has been issued for purposes of transporting the weapon 375 to and from any shooting competition or exhibition, display or 376 educational project which is about firearms and which is sponsored 377 by, conducted under the auspices of, or approved by a law

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 15 (as\sg) 378 enforcement agency or a nationally or state recognized entity that 379 fosters proficiency in, or promotes education about, firearms, 380 which competition, exhibition, display or educational project is 381 held outside this state. 382 (9) This or any other statute shall not be construed to 383 prohibit any person, firm or corporation engaged in the business

384 of manufacturing assault weapons in this state from manufacturing 385 or transporting assault weapons in this state for sale within this 386 state or for sale outside this state. 387 (10) Any person who commits any felony and in the commission 388 of such felony uses, or is armed with and threatens the use of, or 389 displays, or represents by his words or conduct that he possesses 390 an assault weapon shall be imprisoned for a term of eight (8)

391 years, which shall not be suspended or reduced and shall be in 392 addition and consecutive to any term of imprisonment imposed for 393 conviction of such felony. 394 (11) Any person who commits any felony and in the commission 395 of the felony uses, or is armed with and threatens the use of, or

396 displays, or represents by his words or conduct that he possesses 397 any firearm other than an assault weapon shall be imprisoned for a

398 term of five (5) years, which shall not be suspended or reduced 399 and shall be in addition and consecutive to any term of 400 imprisonment imposed for conviction of such felony.

401 (12) For the purposes of this subsection:

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 16 (as\sg) 402 (a) (i) "Armor piercing .50 caliber bullet" means any 403 .50 caliber bullet that is 1. designed for the purpose of, 2. held 404 out by the manufacturer or distributor as, or 3. generally 405 recognized as having a specialized capability to penetrate armor 406 or bulletproof glass, including, but not limited to, such 407 commonly designated as "M2 Armor-Piercing" or "AP", "M8

408 Armor-Piercing Incendiary" or "API", "M20 Armor-Piercing 409 Incendiary Tracer" or "APIT", "M903 Caliber .50 Saboted Light 410 Armor Penetrator" or "SLAP", or "M962 Saboted Light Armor 411 Penetrator Tracer" or "SLAPT". 412 (ii) "Incendiary .50 caliber bullet" means any .50 413 caliber bullet that is 1. designed for the purpose of, 2. held out 414 by the manufacturer or distributor as, or 3. generally recognized

415 as having a specialized capability to ignite upon impact, 416 including, but not limited to, such bullets commonly designated as 417 "M1 Incendiary", "M23 Incendiary", "M8 Armor-Piercing Incendiary" 418 or "API", or "M20 Armor-Piercing Incendiary Tracer" or "APIT". 419 (b) Any person who knowingly distributes, transports or

420 imports into the state, keeps for sale or offers or exposes for 421 sale or gives to any person any ammunition that is an armor

422 piercing .50 caliber bullet or an incendiary .50 caliber bullet 423 shall be guilty: 424 (i) For a first offense, of a misdemeanor; and 425 (ii) For a second or subsequent offense, of a 426 felony and shall be punished by a fine not to exceed Five Thousand

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 17 (as\sg) 427 Dollars ($5,000.00), and imprisoned for not less than one (1) nor 428 more than Five (5) years. 429 (c) The provisions of this subsection shall not apply 430 to the following: 431 (i) The sale of such ammunition to the Department 432 of Public Safety, police departments, the Department of

433 Corrections or the military or naval forces of this state or of 434 the United States for use in the discharge of their official 435 duties; 436 (ii) A person who is the executor or administrator 437 of an estate that includes such ammunition; or 438 (iii) The transfer by inheritance of such 439 ammunition.

440 (d) If the court finds that a violation of this section 441 is not of a serious nature and that the person charged with such 442 violation (i) will probably not offend in the future, (ii) has not 443 previously been convicted of a violation of this section, and 444 (iii) has not previously had a prosecution under this section

445 suspended pursuant to this subsection, it may order 446 nonadjudication of the offense.

447 (13) This section shall not be construed to limit the 448 transfer or require the registration of an assault weapon that was 449 legally manufactured before September 13, 1994. 450 (14) (a) For the purposes of this subsection, "specified 451 assault weapon" means any of the following firearms:

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 18 (as\sg) 452 Auto-Ordnance Thompson type, Avtomat Kalashnikov AK-47 type, or 453 MAC-10, MAC-11 and MAC-11 Carbine type. 454 (b) The provisions of this section shall not apply to 455 any person who (i) in good faith purchased or otherwise obtained 456 title to a specified assault weapon in compliance with any state 457 and federal laws concerning the purchase or transfer of firearms,

458 (ii) is not otherwise disqualified or prohibited from possessing 459 such specified assault weapon, and (iii) has notified the 460 Department of Public Safety in accordance with subsection (c) of 461 this section that he or she possesses such specified assault 462 weapon. 463 (c) A person complies with the notice requirement of 464 paragraph (b) of this subsection if the person provides the

465 Department of Public Safety with: (i) A copy of the proof of 466 purchase for such specified assault weapon, and (ii) one (1) of 467 the following: 1. A copy of the appropriate state form with 468 respect to such specified assault weapon; 2. a copy of federal ATF 469 Form 4473 with respect to such specified assault weapon; or 3. a

470 sworn affidavit from such person that such specified assault 471 weapon was purchased in compliance with any state and federal laws

472 concerning the purchase or transfer of firearms; except that, if 473 such person does not have a copy of the proof of purchase for such 474 specified assault weapon, such person may satisfy this requirement 475 by providing such information as the department may require on a 476 form prescribed by the department together with a sworn affidavit

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 19 (as\sg) 477 from such person that such specified assault weapon was purchased 478 in compliance with any state and federal laws concerning the 479 purchase or transfer of firearms. 480 (d) Any person who is a member of the military or naval 481 forces of this state or of the United States and is unable to meet 482 the notice requirements of this subsection by October 1, 2013,

483 because such person is or was on official duty outside this state, 484 may file such notice within ninety (90) days of returning to the 485 state. 486 (e) As proof that a person has complied with the notice 487 requirement of this subsection and that such notice has been 488 received by the Department of Public Safety, the department shall 489 issue a certificate of possession for such specified assault

490 weapon. Such certificate shall contain a description of the 491 firearm that identifies it uniquely, including all identification 492 marks, and the full name, address and date of birth of the owner. 493 (15) (a) In any prosecution for a violation of this section 494 based on the possession by the defendant of a specified assault

495 weapon, it shall be an affirmative defense that the defendant (i) 496 in good faith purchased or otherwise obtained title to such

497 specified assault weapon in compliance with any state and federal 498 laws concerning the purchase or transfer of firearms; (ii) is not 499 otherwise disqualified or prohibited from possessing such 500 specified assault weapon; and (iii) has possessed such specified 501 assault weapon in compliance with this section.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 20 (as\sg) 502 (b) In any such prosecution, if such defendant proves 503 such affirmative defense by a preponderance of the evidence, the 504 specified assault weapon shall be returned to such defendant upon 505 such defendant notifying the Department of Public Safety and 506 obtaining a certificate of possession. 507 (16) (a) A person is guilty of firearms trafficking if such

508 person, knowingly and intentionally, directly or indirectly, 509 causes one or more firearms that such person owns, is in 510 possession of or is in control of to come into the possession of 511 or control of another person whom such person knows or has reason 512 to believe is prohibited from owning or possessing any firearm 513 under state or federal law. 514 (b) Any person who violates any provision of this

515 subsection (15) shall be guilty of a felony and be punished as 516 follows: 517 (i) If such person, sells, delivers or otherwise 518 transfers five (5) or fewer firearms, by a fine not to exceed Ten 519 Thousand Dollars ($10,000.00) and imprisonment of not less than

520 one (1) year nor more than ten (10) years; or 521 (ii) If such person sells, delivers or otherwise

522 transfers more than five (5) firearms, by a fine not to exceed 523 Fifteen Thousand Dollars ($15,000.00) and imprisonment of not less 524 than one (1) year nor more than twenty (20) years, 525 (c) For the purposes of this section, "firearm" does 526 not include a rifle or shotgun or an antique firearm.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 PAGE 21 (as\sg) 527 SECTION 3. This act shall take effect and be in force from 528 and after October 1, 2013, and the Commissioner of Public Safety 529 is directed to immediately upon passage of this act to begin the 530 process of promulgating all necessary regulations for the 531 enforcement of this act.

S. B. No. 2765 *SS01/R392* ~ OFFICIAL ~ 13/SS01/R392 ST: Assault weapons; ban. PAGE 22 (as\sg)