48-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._____48-9.7__________ Passed _ _________19________
AN ORDINANCE TO AMEND SECTIONS 137.010
AND 137.08 OF THE DUBLIN CODII+IED ORDINANCES
DEFINING ASSAULT WEAPONS
WHEREAS, Council finds that assault weapons are, or may be, detrimental to the health,
safety, and welfare of the citizens of Dublin; and
WHEREAS, Council finds that regulation of the sale of assault weapons promotes the
health, safety, and welfare of the citizens of Dublin; and
WHEREAS, Council finds that amendment of the existing weapons control ordinances is
necessary to comply with recent Federal Court decisions declaring portions of the assault
weapons definition utilized by Dublin as well as other cities unconstitutional; and
WHEREAS, Council finds that this amendment will not alter the operation,
implementation or enforcement of Chapter 137.
NOW, THEREFORE, be it ordained by the Council of the City of Dublin, Ohio,
of the members concurring;
Section 1. That Section 137.01(6) of the Codified Ordinances of the City of Dublin,
Ohio be, and hereby is, repealed.
Section 2. That Section 137.08(A) of the Codified Ordinances of the City of Dublin,
Ohio be amended to read as follows:
137.08 iLNT_•AWFCTL SALE OF ASSAULT WEAPONS.
(A) No person shall knowingly sell, offer or display for sale, give, lend, or
transfer ownership of any assault weapon.
Section 3. That this ordinance shall be effective on the earliest date permitted by law.
day of , 1997.
~_
Presiding, Officer
ATTEST:
Clerk of Council
~ ~!?ro~+y *e-r f, st:r o,,'F_ ;,f ~ 's !-~d:na~cA/Red ~
(fir ~~ of ~uncil, D I ,Ohio
CARLILE PATCHEN & MURPHY
MEMORANDUM
TO: Dublin City Council
FROM: Stephen J. Smith
Mitchell H. Banchefsky
DATE: May 15, 1997
RE: Brady Handgun Act/Assault Weapons Ordinance
You have asked us to compare the provisions of the Brady Handgun
Violence Prevention Act (the "Brady Bill") with those in Dublin's
assault weapons ordinance under Chapter 137 of the Dublin Codified
Ordinances.
The Brady Bill
The Brady Bill, which was passed by Congress in 1993 as an
amendment to the Gun Control Act of 1968, imposes a waiting period
of up to five days for the purchase of a handgun and subjects
purchasers to a background check during that period. Within five
years from the effective date of the Act, background checks will be
performed instantaneously through a national criminal background
check system. In the meantime, background checks are performed by
the Chief Law Enforcement Officer (OLEO) of the prospective
"~'" purchaser's place of residence. Thus, the Brady Bill relates only
to a five-day waiting period and a background check for the
purchase of handguns.
Under Section 137.06 of the Dublin Codified Ordinances, there is a
seven-day waiting period for the purchase of any firearm other than
an assault weapon (the sale of which is prohibited). The ordinance
provides in part:
Any person who desires to purchase, lease, rent, barter
or otherwise transfer for consideration, a firearm (the
"transferee"). shall complete a Waiting Period
Validation Receipt obtained from the seller .
or from the Dublin Division of Police. The transferor
shall time-stamp, or have time-stamped by the Dublin
Division of Police, the receipt. The transferor shall
BHK/BHK/248548
035505.535
then file this receipt with the Dublin Division of Police
within 24 hours from the date and time set forth on the
time-stamped receipt. [T]he transferor may deliver
the firearm to the transferee no sooner than seven days
from the date of the time-stamped receipt and for a
period of up to 30 days. During this seven-day
waiting period, the Dublin Division of Police shall
conduct a background check of the transferee pursuant to
administrative orders established by the City Manager.
Therefore, Dublin Codified Ordinances provide for a minimum seven-
day waiting period for the sale of any firearm, while the Brady
Bill establishes a five-day waiting period for the purchase of
handguns. Dublin's ordinance was passed on March 15, 1993.
Assault Weapons
The Brady Bill became part of 18 U.S.C. X922, which regulates
firearms. In 1994 Congress enacted another section to this part of
the U.S. Code with respect to semi-automatic assault weapons.
Specifically the Code states, "It shall be unlawful for a person to
manufacture, transfer, or possess a semiautomatic assault weapon."
(Attached). Dublin's assault weapons ordinance prohibits only the
sale, not possession, of assault weapons and was passed on March
15, 1993.
"Semiautomatic assault weapon" is defined in Section 921 of the
U.S. Code by both brand names of weapons as well as by general
descriptions of certain firearms. (Copy of definition attached).
Some of the brand names contained in the definition are the same as
those listed in the current Dublin assault weapons ordinance,
although the general definitions appear to be different. Congress
also included an appendix to the section of a long list of weapons
which are not considered assault weapons.
Because a federal law exists banning the sale or possession of
semi-automatic assault weapons, Council could choose to repeal
Dublin's assault weapons ordinance and let federal law control.
However, Council should make sure that the U.S. Code definition of
"semiautomatic assault weapon" adequately defines the term for the
City's purposes, and also realize that the possession of
semiautomatic assault weapons will be prohibited as well as their
sale.
BHK/BHK/248548
035505.535 2
CARLILE PATCHEN & MIIRPHY
MEMORANDIIM
DATE: April 7, 1997
TO: Timothy Hansley, City Manager
Dublin City Council
FROM: Stephen J. Smith, Law Director
RE: Dublin's Weapons Control Ordinances
Dublin's weapons control ordinances, as currently written,
may be unconstitutionally vague.
`~ Sections 137.01(6) and 137.08 of the Dublin Codified
Ordinance which define assault weapons are nearly identical to
Columbus' weapons control legislation. In 1994, §2323.11 of
Columbus' code (defining "Assault Weapon") was declared
unconstitutional in Springfield Armory, Inc. v. City of Columbus,
29 F.3d 250 (6th Cir. 1994). The court in Springfield was
particularly concerned with the vagueness of these statutes in
their application. The court admonished:
These vagueness problems are not difficult to
remedy. The subject matter does allow for more
exactness... Other gun control laws which seek to
outlaw assault weapons provide a general definition
of the type of weapon banned, and the Columbus city
council can do the same.
After that ruling, Columbus revised section 2323.11 to comport with
this admonishment. Columbus' newly revised statute contained a
general description of what constituted an assault weapon (see
attached). In spite of that effort, in 1996, revised statute
2323.31(A) was declared unconstitutional as applied to
2323.11(G)(1), (3), (4) and (5). Peoples Rights Organization v.
City of Columbus, 925 F.Supp. 1254 (S.D. Ohio 1996). The court
indicated that the lack of a scienter requirement in 2323.31(A) was
the major reason for the heightened level of scrutiny when ruling
on the statute's application to 2323.11(G).
One of Columbus' staff attorneys indicated that Columbus
has appealed this ruling. At this stage, the case has been briefed
and is soon to be argued before the Sixth Circuit United States
Court of Appeals. Moreover, Columbus has not changed the language
of these statutes, and is waiting until the appeals court makes its
ruling to do so. However, from a risk management perspective, this
office and the City Manager recommend that the City act expediently
to correct the potentially unconstitutional language contained in
§§137.01(1)-(6) and §137.08, since doing so does not alter the
effectiveness of our ordinance from an operational standpoint.
Therefore, to avoid threatened litigation, we are
recommending the following amendments to the existing ordinance, as
set forth in the attached redlined versions. Please advise if you
have any questions.
CARLILE PATCHEN & MURPHY
~~
MEMORANDUM
TO: Timothy C. Hansley
Dublin City Council
FROM: Steve Smith
Mitch Banchefsky
DATE: April 21, 1997
RE: Dublin's Assault Weapons Ordinances
Sections 137.01(6) and 137.08 of the Dublin Codified
Ordinances which define assault weapons are nearly identical to the
corresponding sections in Columbus' assault weapons ordinance. In
Springfield Armory, Inc. v. Columbus (1994), 29 F.3d 250, the Sixth
Circuit Court of Appeals held that the definition of "assault
weapons" in Columbus' ordinance was unconstitutionally vague.
Like Dublin's ordinance, the language of the provision
defined "assault weapon" simply by naming forty-six individual
models of rifles, shotguns and pistols, listed by model name and
manufacturer, and adds "other models by the same manufacturer with
the same action design that have slight modifications or
enhancements..." The court found that this language was too vague
as it outlawed some but not all assault weapons of the same type,
nor was there an explanation for drafting the ordinance in terms of
brand name rather than by generic type or category. The court
held, "Other gun control laws which seek to outlaw assault weapons
provide a general definition of the type of weapon banned, and the
Columbus city council can do the same."
Based on the decision in Springfield Armory, Columbus
revised its assault weapons ordinance to provide a more general
definition. In spite of this effort, the U.S. District Court held
that the revised statute was unconstitutionally vague to the extent
it defined "assault weapon" in Peoples Rights Organization v.
Columbus (1996), 925 F.Supp. 1254. However, the court applied a
higher level of scrutiny because the violation of the statute may
have resulted in a criminal penalty and the ordinance did not
contain an explicit scienter requirement.
BHK/BHK/244920
035505.535
Dublin's ordinance (after the proposed changes) will
still contain the same definitions as those in the Columbus
ordinance that were held unconstitutionally vague in the Peoples
Rights decision. However, the reason the court applied a higher
level of scrutiny to the Columbus ordinance was that it contained
no scienter requirement. That is, the ordinance stated that "no
person shall sell, offer or display for sale. any assault
weapon", without inserting the word "knowingly". Therefore, an
individual could be strictly criminally liable for selling or
transferring an assault weapon even if they were not aware that it
was considered an assault weapon. In contrast, Dublin's ordinance
does contain a scienter requirement in that it contains the word
"knowingly". Therefore, Dublin's ordinance would not be examined
under the heightened scrutiny that Columbus' ordinance was in the
Peoples Rights decision.
We recommend from a risk management perspective that at
this stage we remove the language from the assault weapons
ordinance that was declared unconstitutionally vague in the
Springfield Armory case, and keep the other, more general
definitions of assault weapons. In theory, this should keep us out
of the pending litigation. The Peoples Rights decision is being
appealed, and this appeal may give us further guidance to modify
the definitions to the appropriate level of exactness.
BHK/BHK/244920
035505.535 2
CHAPTER 137: WEAPONS CONTROL ~*~.~:~+,~,#~~~`:
§ 137.01 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
ANTIQUE FIREARM. Any firearm manufactured prior to 1898.
ASSAIILT WEAPON.
(i) Any semi-automatic action, center fire rifle or carbine that accepts
a detachable magazine with a capacity of 20 rounds or more;
(2) Any semi-automatic shotgun with a magazine capacity of more than six
rounds;
(3) Any semi-automatic handgun that is:
(a) A modification of a rifle described in division (1), or a
modification of an automatic firearm; or
(b) Originally designed to accept a detachable magazine with the
capacity of more than 20 rounds.
(4) Any firearm which may be restored to an operable assault weapon as
defined in divisions (1), (2) or (3) above.
(5) Any part, combination of parts, designed or intended to convert a
firearm into an assault weapon as defined in divisions (1), (2) or (3) above,
or any combination of parts from which an assault weapon as defined in
divisions (1) , ( 2 ) or ( 3 ) ~ may be readily assembled~~ if those parts are
in the possession or under the control of the same person.
.
.
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§ 137.08 UNLAWFIIL BALE OF ASSAULT WEAPONS.
(A) No person shall knowingly sell;::::{~s~7~ or
`' transfer <t?~i'1`fi~~`S :,. ::.:::..: ,> ...,.;,,;::.,:' ::
assault weapon
(B) Notwithstanding the provisions of this division regarding transfer of
assault weapons, the executor or administrator of the estate of a deceased owner
of an assault weapon may take possession of that assault weapon for the limited
purpose of transferring the assault weapon pursuant to the will of the decedent
or as ordered by the probate court; provided that the transferee is acting under
the will or order of the probate court.
(C)(i) This section does not apply to law enforcement officers of the United
States, this state, or city, and members of the armed forces of the United States
or this state, if such person is authorized to possess such assault weapon and is
,~,~cting within the scope of #tfre~r~ ~<~ duties.
(2) This section does not apply if the assault weapon has been rendered
.otally inoperable or inert and cannot readily be rendered operable or activated
~-nd which is kept as a trophy, souvenir, curio or museum piece.
(3) This section does not apply if the assault weapon is an antique,
curio or collectible firearm.
(D) Whoever violates this section is guilty of unlawful sale or transfer of
assault weapons, a misdemeanor of the first degree. If the offender has
previously been convicted under this section, upon the second conviction the court
shall impose a sentence of imprisonment of at least 30 days, which sentence is
mandatory and may not be suspended, modified, or subject to probation during that
30-day period. If the offender has twice previously been convicted under this
section, upon the third or more conviction the court shall impose a sentence or
imprisonment of at least 90 days, which sentence is mandatory and may not be
suspended, modified or subject to probation during that 90-day period. ('80 Code,
§ 549.08) (Ord. 19-93, passed 3-15-93) Penalty, see § 130.99
This redlined draft, generated by CompareRite - The Instant Redliner, shows the
differences between -
original document I:\DOCS\DAO\MEMO\234977
wand revised document: I:\DOCS\DAO\MEMO\241572
eletions appear as struck-through text surrounded by {}
additions appear as "redlined" text surrounded by []
SENT BY~CARLILE PATCHEN&MURPHY; 5-15-97 ; 10:18 ; 6142210216-- 614 889 0740;# 2
• . , ,..
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..
18 ~ 92Z CRIIY~B AND c~,n~rAL PROCED~RE~ ., I
1j ~,:. '~;~:~y`: ~ (B) for preventlag such s sale ar tea:idfer to a person who may 18WAil~1- receive
• , ... _ , . - r ~
. ~ - • ~ ~ pQSdess a fh+eerm, - . ..
(v) It shall be ualawl4l far s person to steal or >yalawl'nily take of arty aw~Y from
d to eisgage ~ ~ buein~ of
li
' "
i;' .
i cense
the on or the premised' of a Person who ~
~s ~ m, dealing in fltgarn~ ~y rearm is the licensee's business
itnpa~rting
rc
.
:.
~ e.
, ~ iaterstxte or foreign eomate
inventory that has been shipped ar tranepoeted
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- ~~~, ~ ~~ a
-.p (.)(1) It shall be unlswtl~l for a pereoa
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'
weapon. - .
aemiautomatlc assault
(~) paragraph (i) shall not apply to the possession or ttana~er o! any, semiautomatic
of the
d
t
h
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"'
' a
e
e•
]~~, possessed miser Federal on t
'' ~ -a~ ~
.1: ~~ enactment Oi! thu'- gnbdeCtion.
(g) p~ph (1) shall not apply to' -
• GU ~Y of the Ssearme, ar replicas or d~licates ~ the f~easms. epeedied in
199
8;
Appendix A to this eecfiosi, as such firearms were snsnatactia~ed on Oetaber 1,
;, (B) any firearm tbet~-
(i) is manua113r operated by bolt. Pump, laves', or slide action;
(ii) has been rendered permanently inaperab~~ m'
:! -
"` (iii) is an aatigae firearm; a that hold
(C) ~- semiautomstia rlSe that oanot aerept a detachable maga~n
~~ -
ii
-~ more than 6 r~da of ammuaitian: ar
(n) ~y tnM~a shotgun that eaunot hold m~oxe theA 6 rounds as ammuni
ii
±t; tlon is s ftsed as detachable magadne. - .
~~`' The i3ect that a i>rsarm is not listed in Appesidix A shall oat be construed to mean tip
Sredrrn eamapted by this subsection ~
N
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.~~ o
para~sspb (i) apF13m to such firearm
lang'aa this sub~tiion is in e$ect..
deleted from Appendix A so
'
~
'~~' I
~ (4) Paregtaph (i) shaIl not apply to--
(A) the man~sficttae for, transfer ta, or possession by the Vaned States ar a
. i daparts:tent or agenq- of the United 9Eated or a State or a department, ems, ar
or a traaeier to or possesaon by a law enforcameat
bdivision of s State
l
ti
1
I ~
'! ,
su
ca
poli
ollLcet employed by such an entity 1'br puuposes of ls~w enforcement (whether on or
ij
;~~ as auiy):
(B) the ttaaefer to s licensee under title I of the Atomic Ener®- Act of 1964 Por
aintainasg as on-alts physical protection system and
d
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s
pntrpoeea of astsblia
ag b ~ esnplcyee ~
security a~aniaat]on re9uired by Federal la~v, or poseasion y
cr oiz-sits far purposes
. f coairac!'cr a~i each licensee as-site far such purposes
eaeee-authorised trainin8 or transparFatloa. of nuclear mataiats~ '
y
c
'~ (~ • the poesaeaion. by as individual rvho is reared from iarvlce arith a Lev
fCom seceiving • ~resrm- of a '
meat agency ~ is not otherwise prabibtted
f
! arce
esi
. semiautomatlo assault areapon tsanefers'ed to the i~ividual by the agency upon such
' ~ rethememt; az .
(D) the maeasfecture, transfer, or possession aIt a semiautomatic assault weapon .
'
a licensed mannihct<aer or Hoensea i~apaafer .1!br, the . put'poeea of testing ae
:~ g
~
~: ;:~
,,
peaimentatbn authasJsed b'Y the Secretary.
m
I
~
~ paragixph (Y), it shall be ,unla~l for a peaob'tio
`
:
.
; ammunition tbedttsg device.
transt~i ~ P~ a >~e
. ~ t
! ' , ., .
(Z), paragraph (1) shall not apply to the possession ar traneftr of aqy lat'ge ~P~!~ ~
~
before the date of tb;
1svvlbAy possessed on ar
i
th
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.
or9v
se
ammu~tloii feedlag devise o
'
I I enactatetit of this aubsect~ion. d ~ ~
- .
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(S) This subsection shall sot aPPl1'to-- ~
~, y a
(A) the maaui"~ae far, transfer Lo, ar possession by the Vaned States 1
ar
i ~
` '~
department or ag'encY of the United 8ts~tes or a grate ar a depastraent, agengG
aX a transfer to or possession bg s• law enforca~
State
f
i
~
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a
on o
political dubdfivia
~ pffi~ e~tnplo]-ed by such an entity for purposes of law enforoe~ment (whether aII a<~.
~ ~
I
. off daty); ~ .. ~
e ~ ~~titgle I of the Atnsnio EneaRy Act,ad I96~ .
aa-oa-site pl~ysieal Pmt s~~'
l
;.~ I ogae:
sa~+uity cryanisaidon - by Federal law, or poesess<an .by an~ .efmp
;, .~
9 13Q .
SENT BY:CARLILE PATCHEN&MURPHY; 5-15-97 ; 10:19 ;
6142210216-- 614 999 0740;# 3
iR ~ set csa-~a nrm cxmmvai. ~ocEntra~ I ca~t~s arm c~
~ include a perwa who mare ocesetonal , exehalgea, or ptu'c~waes of f~rearr~
i ~~ for the enhaacamant of a personal collection or for a hobby, or who sells all or part
of his peseoaal coDection of firearms;
I
~,= .,r;
(D) as applied to a dealer in firearms, as defined in section 921(a)(il)(13), a
person who devotee time, attention, and ]shot to engaging is such activity aA e
regular course o! trade as business with the principal objective of livelihood sad
profit, hot such term shall not include a person who makes occasioasl ~~ of
$reatms, or ~vho occasionally Ste epedak barrels, stocks, or trigger meehassiams to
firearms:
(E) sa applied to an importer of firearms, a person who devotee time, attention,
and labor to importing Sresrmie as a regular course of trade or business wItt- thus
prindpal objective of livelihood and profit through the sale or distribution of the
Stearns imported; sad
(F) as applied to an impaat8r of asnmuaitlon, a person who devotes time,
attention, sad labor to importing ammunition as a regular course of trade or
bus~esa with the principal objective of livelihood sad profit through the sale ar
distribution of the ^anmuaitlon imported.
(~) The terra 'tivith the prindpal objective of ]ivelihood and profit"omeaaa that tl~a
intent uadar],ying the sale or dispoeit~on of firearms is predomirsaatly ~8
livelihood sad pecuniary gain. ae opposed to other tatante, each as improving or
liquidating a personal ffi earrr~A collection: Provided '!'hat psoo4 of Profit shall not be
required oe to a person aho engagae in the regular and repetitive purchase sad
diepositioa of &oaraia 4or criminal purposes ar terrorism. For porposea od' tide
paragraph, the terse ''ten~orlam" raeana actNity, directed against United States persona,
whicl~•
(A) is eomraitted by an individual who is not a national or permanent reaideat
Alien of the United States;
(B) involves violent acts or acts dangereua to human lifh which would be a
erkminal violation it committed within the jurisdiction of the United States; sad
' (C) is inLended-
(i) to dat3rnidate or coerce a eivuien populatiolrl;
(11) to ini7uence the poDgr of a government by intimidation or eoe~ion; or
(iii) to affect the conduct of a government by asea8sination or kidnapping.
(2S) The team '~pachiaegua" hue the meaning given such term in section 6846(b) at
the National Firearms Act (28 U.S.C. ls846(b)). ~:
(?~) The terms "'firearm silencer" and "iirzarm muffier" mean say device for aliens
ing, mining, or diminishing the report of a kwrtatble firearm, inehrdirrg any eombirlatias
of parts deedgned or redesigned, and iateaded for use is assess;bliag or fisbrleating e
firearm ailenoer or fli caste muffier, sad aqy part intended only for use is such asaemb~l-
or fabrication.
(2d) The teem "O~ie81 gene" mesas- .':'
(A) ia, or oa the groua8e of, a public, parochial or private school; or .,
(B) within a distance of 1,000 feet ii:•om the grounds of a 'public, paror~isl of
private school. ~ .: ~
(28) The term "achool° means . a wool which provides elementary or ^eeoadarf
education, ae determined under ate ]aw.
(Z7) The team "motor vehicle" has the meanies given such farm in section 13108 d
title 49, United 8tstes Code. '
(Z8) 'The term "eeiaisutomatic rifle" mesas any repeating ri$e which utilises a porgy
of the energy of a firing cartridge to extract the ibt ed cartridge case sad chamber for
neact round, and which requirse a separate puD of the trigger to lire eaek- cartridge
(29) The tent "handgo2s" mesas- .
(A) a firearm which has a abort stock and is designed to be held sad cored by ~e
use of a single head: and
(B) say combination of parts from which a firearm described is subpatagre~
(A) can be assembled-
'-'--~ (30) The tam "ee~mrautomatic assault wr~pon" meaner-
106
(A) aaU- of the Sre
lmotva sa--
(i) Nosinco, Ik
models);
(ii) Action Arfl
. (iii) Beretta A
(io) Colt Alt-1,
(v) Fabrdque N
(vi) SWD M-X~
(•ii) Steyr AU
(viii) I1~T'TRAT
(iu) revolving
and Stalker 12;
($) a eemiautoasati~
has at least 2 ai=
(i) a folding or
(ii) a pistol gr
. weapon;
(iii) a bayonet
-• (iv) a flash ^uF
y:. suppressor; sad
~5' (v) a grenade L
(C) a semiautamati
"'
'~~ and has at least 2 of-
_ (i) an ammostit
a~Pi
(if) a threaded
eor,forward hand
(iii) a ehmud
' barrel and that l;
hand without beds
(lv) a rnatsufac~
ed; and
~~~.
~~ (D) a semiautomati
~: (i) a folding or
w~pon;
,p;, (iii) a t9xed ~
~~ (io) an ability t
~'(81) The teem "large cad
~. (A) means a mega:
i?k ` afEar the date of enact
`("' of 1!)Bd that lase a cap;
•~'.:' 'more than 1o rounds ~
~~~ ,.
:;t,. tB) dose not' incluc
~~,,. of operating only with
(8E) The terra '~atiman
lkesoa, a former spouse c
Pieoon, sad ea individual 1•
;. (8S)(~ Except as pto~'
~~mcetic violence" means ~
,~,,. (i) is a misdemsan~
~.-. (ii) has, se an e1E
~~ threatened use of a
pa:cnt, or guardian c
e
SENT BY~CARLILE PATCHEN&MURPHY; 5-15-97 ; 1;20 ;
PROCEDURE
,>~es of ~restrrme
o sells al] or part
9Z1(a)(11)fB), s
ich activity ea s
of livelihood and
atonal repairs of
r meChaaisms to
e t!^"" ~, attention,
rt~ •g with the
s tion of the
..~
~o devotes time,
rse of trade or
Hugh the sale or
' mear~ that the
one of obtaiaittg
~s improving or
oSt shall not be
e purchase sad
~urposea of this
9tatea persona,
raarsent reaadeht
ich would be •
~ed States; and
'coercion; or
r 1Qdasppiae:
coon 684b(b) of
ev for silelu-
i~ mbinea~
7r riCatiIIg 8
~ eti: assembly
ic, parochial or
or secondary
action 18102 d
tlliaes a pord~
-d ehambet ~
9ach cartridg%
nd filed by ~
61422102161 614 969 0740;# 4
CREMES AxD c~t~rAL P~oCE~URE 18 § 921
(A) a4Y of the $rearme, or copies or duplic'atea Of the Srearms is aqy caliber,
' knOwfl aa+
(i) Noriaco, Mitchell. sad poly Technologies Automat >lalashnikovs (811
models);
(ii) Action Arms Israeli Military Induatr3es UZI 8nd Gaul;
(iii) Beret#a Arlo (sc-7a);
(n-) Co1t AR~16;
(v) Fab;ique National FN/FAL, FN/LA,R,, and FNC;
(vi) SWD M-I0, M-11, M-1L9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC T'EC-e, TEG-DC9 sad TECH; sad '
(iz) revolving cylinder shotguns, such as (or similar to) the Sis+eet Sweeper
and Striker 12;
(B) a semisutoulatlc rifle that has an ability to accept a detachable magazine and
hsa at ]east 2 of-
(i) a folding or taleacopiag stock;
~' (ii) a pdatol grip that protrudes conapicuotuly beneath the action of the ~
weapon;
' (iii) a< bayonet mount;
' (iv) a flash suppressor or threaded barrel designed to accommodate a flash
!j~. supprtaseor; and
"~ (v) a grenade launcher;
' (C) s eemiautometlc pisto] that has as ability to accept a detachable raaga~ne
'"' and has at least 2 of
gip) an ammunition m~ae that attaches to the pistol outside of the pistol
(1i) a threaded barrel capable oi' aceepfiag a barrel extender, flash suppree- ~`
sol', forward hatsdgrip, ar silencer; g
(iii) a shroud that is attached to, or partlel~r or completely eadreles, the
barrel and that permits the shooter to hold the llrear3n with the nontsigger
hand without being burned;
(~) a mwtufaetured weight of 50 ounces ar more whoa the pistol i8 unload- '~~
~' ed; end .
~` (v) a semiautomatic version of an automatic fiz'e8rm; and
,'~' (D) a semiautomatic shotgun 1Jsat hen at least 2 of ~';
$'.. (i) a folding or teleaoopiag stock; I~
(if) a pistol grip that protrudes conepftuoualy beneath the aetlon of the ';
weapon;
rz: (iii) a lsxed aaagsazne c„p~~y. ~, e~ccess of a rounds; aaa
''' (iv) an abdllty to accept a detachable raagaaine.
~s'(31) The terra "large eaPedtaY atamuaition feeding devf~q"-
,;: (A) mesas a asagadae, belt; drum, feed strip, or similar devioe manufactured
after the date of enactment oy the Violent Crime Control sad La~v Entorceraent A,ct
~`i~ of 1994 that hen s rs
'' ~ more than 10 rounde~aramounitian;t but be readily reetozed or converted to accept,
~;, ($) does not' include aa~ attached tubular device designed to ateept, end capable
.., of operatiAg on1,y with, 22 caliber simSre ammunrtloa.
~ F (8'd) The terra `Sntim$te par~er'~ meaAS,' With r e
l~oa, a former spouse of the person, as individusl~ho is a pe:ant afe a child o! the
Peason, and eta iadivldual Who tohabitat~ or lots cohabited With the person.
(~)(~U Except a8 provided i~a subparagraph (C), the term "raiademeaaor crime of
domeittc vlolenoe" means an nffeaae that-
~,~.,. (i) is a miademearior wader Federal our State ]aw; and
' , (ii) has, as sa elemeai; the use or attempted use of phyadcal force, or the
'. tht~eateasd use of a deadlq weapon, committed by a current or formerr apoaae,
p8r+ant, or gusr~dian oP the victim, by 8 Pee'soa ~vlth whom the victor shares a ctald
107
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