Subject: Crimes; weapons; possession of semiautomatic assault weapons 5 and. Statement of purpose: This bill proposes to prohibit the manufacture, 7

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1 BILL AS INTRODUCED S. 0 Page of S. Introduced by Senator Baruth Referred to Committee on Date: Subject: Crimes; weapons; possession of semiautomatic assault weapons and large capacity ammunition feeding devices Statement of purpose: This bill proposes to prohibit the manufacture, possession, or transfer of semiautomatic assault weapons and large capacity ammunition feeding devices; and to make it a crime for a person to negligently 0 leave a firearm accessible to a child. An act relating to semiautomatic assault weapons and large capacity ammunition feeding devices It is hereby enacted by the General Assembly of the State of Vermont: Sec.. V.S.A. 0 is added to read 0. SEMIAUTOMATIC ASSAULT WEAPONS (a) A person shall not manufacture, possess, or transfer a semiautomatic assault weapon. (b) A person who violates this section shall be imprisoned for not more than one year or fined not more than $00.00, or both.

2 BILL AS INTRODUCED S. 0 Page of 0 (c) This section shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed on the effective date of this act. (d) This section shall not apply to: () any of the firearms, or replicas or duplicates of the firearms, specified in subdivision (f)() of this section, as these firearms were manufactured on the effective date of this act; () any firearm that: (A) is manually operated by bolt, pump, lever, or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm; () any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or () any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine. (e) This section shall not apply to a semiautomatic assault weapon: () manufactured for, transferred to, or possessed by the United States or a department or agency of the United States, or any state or a department, agency, or political subdivision of a state;

3 BILL AS INTRODUCED S. 0 Page of 0 0 () transferred to or possessed by a state or federal law enforcement officer for legitimate law enforcement purposes, whether the officer is on or off duty; () transferred to a licensee under Title I of the Atomic Energy Act of for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials; () possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition; or () manufactured, transferred, or possessed by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the U.S. Attorney General. (f)() As used in this section, semiautomatic assault weapon means: (A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as: (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

4 BILL AS INTRODUCED S. 0 Page of 0 0 (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar0 (SC-0); (iv) Colt AR-; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-0, M-, M-/, and M-; (vii) Steyr AUG; (viii) INTRATEC TEC-, TEC-DC, and TEC-; or (ix) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker. (B) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following features: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; or (v) a grenade launcher. (C) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following features:

5 BILL AS INTRODUCED S. 0 Page of (i) an ammunition magazine that attaches to the pistol outside the pistol grip; 0 0 (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (iv) a manufactured weight of 0 ounces or more when the pistol is unloaded; or (v) a semiautomatic version of an automatic firearm. (D) A semiautomatic shotgun that has at least two of the following features: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of five rounds; or (iv) an ability to accept a detachable magazine. ()(A) Semiautomatic assault weapon shall not mean any of the following: Centerfire Rifles Autoloaders Browning BAR Mark II Safari Semi-Auto Rifle; Browning BAR Mark II Safari Magnum Rifle; Browning High-Power Rifle; Heckler & Koch Model 00 Rifle; Iver Johnson M-

6 BILL AS INTRODUCED S. 0 Page of 0 0 Carbine; Iver Johnson 0th Anniversary M- Carbine; Marlin Model Camp Carbine; Marlin Model Carbine; Remington Nylon Auto-Loading Rifle; Remington Model 00 Auto Rifle; Remington Model 00 Rifle; Remington Model 00 Special Purpose Auto Rifle; Ruger Mini- Autoloading Rifle (without folding stock); Ruger Mini Thirty Rifle; Browning Model BLR Lever-Action Rifle; Browning Model Long Action BLR; Browning Model Lever-Action Carbine; Browning Model High Grade Carbine; Cimarron 0 Henry Replica; Cimarron Winchester Replicas; Cimarron Short Rifle; Cimarron Sporting Rifle; Cimarron 0 Express Rifle; Dixie Engraved Rifle; E.M.F. Yellowboy Lever Actions; E.M.F. 0 Henry Rifle; E.M.F. Model Lever-Action Rifle; Marlin Model CS Lever-Action Carbine; Marlin Model 0AS Lever-Action Carbine; Marlin Model SS Lever-Action Sporter; Marlin Model S Lever-Action Carbine; Marlin Model CS Carbine; Marlin Model CL Classic; Marlin Model SS Lever-Action Rifle; Mitchell Henry Replica; Mitchell Winchester Replica; Mitchell Winchester Replica; Navy Arms Military Henry Rifle; Navy Arms Henry Trapper; Navy Arms Iron Frame Henry; Navy Arms Henry Carbine; Navy Arms Yellowboy Rifle; Navy Arms Winchester-Style Rifle; Navy Arms Sporting Rifle; Remington 00 Slide Action; Remington Model 00 Special Purpose Slide Action; Rossi M SRC Saddle-Ring Carbine; Rossi M SRS

7 BILL AS INTRODUCED S. 0 Page of 0 0 Short Carbine; Savage C Lever-Action Rifle; Uberti Henry Rifle; Uberti Sporting Rifle; Uberti Sporting Rifle; Winchester Model Side Eject Lever-Action Rifle; Winchester Model Trapper Side Eject; Winchester Model Big Bore Side Eject; Winchester Model Ranger Side Eject Lever-Action Rifle; Winchester Model Wrangler Side Eject; Alpine Bolt-Action Rifle; A-Square Caesar Bolt-Action Rifle; A-Square Hannibal Bolt-Action Rifle; Anschutz 00D Classic Rifles; Anschutz 00D Custom Rifles; Anschutz 00D Bavarian Bolt-Action Rifle; Anschutz D Mannlicher Rifle; Barret Model 0 Bolt-Action Rifle; Beeman/HW 0J Bolt-Action Rifle; Blaser R Bolt-Action Rifle; BRNO Sporter Bolt-Action Rifle; BRNO ZKB Fox Bolt-Action Rifle; BRNO ZKK 00, 0, 0 Bolt-Action Rifles; Browning A-Bolt Rifle; Browning A-Bolt Stainless Stalker; Browning A-Bolt Left Hand; Browning A-Bolt Short Action; Browning Euro-Bolt Rifle; Browning A-Bolt Gold Medallion; Browning A-Bolt Micro Medallion; Century Centurion Sporter; Century Enfield Sporter #; Century Swedish Sporter #; Century Mauser Sporter; Cooper Model Centerfire Sporter; Dakota Sporter Bolt-Action Rifle; Dakota Classic Bolt-Action Rifle; Dakota Short Action Rifles; Dakota Safari Bolt-Action Rifle; Dakota Rigby African; E.A.A./Sabatti Rover 0 Bolt-Action Rifle; Auguste Francotte Bolt-Action Rifles; Carl Gustaf 000 Bolt-Action Rifle; Heym Magnum Express Series Rifle; Howa Lightning

8 BILL AS INTRODUCED S. 0 Page of 0 0 Bolt-Action Rifle; Howa Realtree Camo Rifle; Interarms Mark X Viscount Bolt-Action Rifle; Interarms Mini-Mark X Rifle; Interarms Mark X Whitworth Bolt-Action Rifle; Interarms Whitworth Express Rifle; Iver Johnson Model 00A Long-Range Rifle; KDF K American Bolt-Action Rifle; Krico Model 00 Bolt-Action Rifle; Krico Model 00 Bolt-Action Rifles; Mauser Model Bolt-Action Rifle; Mauser Model Bolt-Action Rifle; McMillan Signature Classic Sporter; McMillan Signature Super Varminter; McMillan Signature Alaskan; McMillan Signature Titanium Mountain Rifle; McMillan Classic Stainless Sporter; McMillan Talon Safari Rifle; McMillan Talon Sporter Rifle; Midland 00S Survivor Rifle; Navy Arms TU-/0 Carbine; Parker-Hale Model Classic Rifle; Parker-Hale Model Classic African Rifle; Parker-Hale Model 000 Rifle; Parker-Hale Model 00M African Magnum; Parker-Hale Model 00 Lightweight Rifle; Parker-Hale Model 00 Super Rifle; Parker-Hale Model 00 Super Clip Rifle; Parker-Hale Model 00C Scout Rifle; Parker-Hale Model 00 Midland Rifle; Parker-Hale Model 00 Lightweight Rifle; Parker-Hale Model 00 Midland Rifle; Remington Model Seven Bolt-Action Rifle; Remington Model Seven Youth Rifle; Remington Model Seven Custom KS; Remington Model Seven Custom MS Rifle; Remington 00 ADL Bolt-Action Rifle; Remington 00 BDL Bolt-Action Rifle; Remington 00 BDL Varmint Special; Remington 00 BDL European Bolt-Action Rifle; Remington 00 Varmint Synthetic Rifle;

9 BILL AS INTRODUCED S. 0 Page of 0 0 Remington 00 BDL SS Rifle; Remington 00 Stainless Synthetic Rifle; Remington 00 MTRSS Rifle; Remington 00 BDL Left Hand; Remington 00 Camo Synthetic Rifle; Remington 00 Safari; Remington 00 Mountain Rifle; Remington 00 Custom KS Mountain Rifle; Remington 00 Classic Rifle; Ruger M Mark II Rifle; Ruger M Mark II Magnum Rifle; Ruger MRL Ultra Light; Ruger M Mark II All-Weather Stainless Rifle; Ruger M RSI International Carbine; Ruger M Mark II Express Rifle; Ruger MVT Target Rifle; Sako Hunter Rifle; Sako FiberClass Sporter; Sako Safari Grade Bolt Action; Sako Hunter Left-Hand Rifle; Sako Classic Bolt Action; Sako Hunter LS Rifle; Sako Deluxe Lightweight; Sako Super Deluxe Sporter; Sako Mannlicher-Style Carbine; Sako Varmint Heavy Barrel; Sako TRG-S Bolt-Action Rifle; Sauer 0 Bolt-Action Rifle; Savage 0G Bolt-Action Rifle; Savage 0CY Youth/Ladies Rifle; Savage 0WLE One of One Thousand Limited Edition Rifle; Savage 0GXP Bolt-Action Rifle; Savage 0F Bolt-Action Rifle; Savage 0FXP Bolt-Action Rifle; Savage 0GV Varmint Rifle; Savage FV Varmint Rifle; Savage Model FVS Varmint Rifle; Savage Model BV Heavy Barrel Varmint Rifle; Savage FSS Bolt-Action Rifle; Savage Model FSK Kodiak Rifle; Savage 0FP Police Rifle; Steyr-Mannlicher Sporter Models SL, L, M, S, S/T; Steyr-Mannlicher Luxus Model L, M, S; Steyr-Mannlicher Model M Professional Rifle; Tikka Bolt-Action Rifle; Tikka Premium Grade Rifles; Tikka Varmint/Continental

10 BILL AS INTRODUCED S. 0 Page 0 of 0 0 Rifle; Tikka Whitetail/Battue Rifle; Ultra Light Arms Model 0 Rifle; Ultra Light Arms Model, Model 0 Rifles; Voere VEC Lightning Bolt-Action Rifle; Voere Model Bolt-Action Rifle; Voere Model, 0 Bolt-Action Rifles; Weatherby Mark V Deluxe Bolt-Action Rifle; Weatherby Lasermark V Rifle; Weatherby Mark V Crown Custom Rifles; Weatherby Mark V Sporter Rifle; Weatherby Mark V Safari Grade Custom Rifles; Weatherby Weathermark Rifle; Weatherby Weathermark Alaskan Rifle; Weatherby Classicmark No. (B) The fact that a firearm is not listed in subdivision (f)()(a) of this section shall not be construed to mean that this section applies to that firearm. Sec.. V.S.A. 0 is added to read 0. LARGE CAPACITY AMMUNITION FEEDING DEVICES (a) A person shall not manufacture, possess, or transfer a large capacity ammunition feeding device. (b) A person who violates this section shall be imprisoned for not more than one year or fined not more than $00.00, or both. (c) This section shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the effective date of this act. (d) This section shall not apply to any large capacity ammunition feeding device:

11 BILL AS INTRODUCED S. 0 Page of 0 0 () manufactured for, transferred to, or possessed by the United States or a department or agency of the United States, or any state or a department, agency, or political subdivision of a state; () transferred to or possessed by a state or federal law enforcement officer for legitimate law enforcement purposes, whether the officer is on or off duty; () transferred to a licensee under Title I of the Atomic Energy Act of for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials; () possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition; or () manufactured, transferred, or possessed by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the U.S. Attorney General. (e) As used in this section, large capacity ammunition feeding device mean a magazine, belt, drum, feed strip, or similar device manufactured after

12 BILL AS INTRODUCED S. 0 Page of 0 0 the date of enactment of the Assault Weapons Ban Renewal Act of 00 that has a capacity of, or that can be readily restored or converted to accept, more than 0 rounds of ammunition, provided that large capacity ammunition feeding device shall not include an attached tubular device designed to accept, and capable of operating only with,. caliber rimfire ammunition. Sec.. V.S.A. 0 is added to read: 0. NEGLIGENT STORAGE OF A FIREARM (a) As used in this section: () Child means a person under years of age. () Firearm means any weapon, whether loaded or unloaded, that will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun, or shotgun. () Locking device means a device that is designed to prevent a firearm from functioning and that, when applied to a firearm, renders the firearm inoperable. (b) A person is guilty of negligent storage of a firearm in the first degree if: () the person keeps a loaded firearm within any premises that are under the person s custody or control; () the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child s parent or legal guardian; and

13 BILL AS INTRODUCED S. 0 Page of 0 0 () a child obtains access to the firearm and uses it to cause death or serious bodily injury to any person. (c) A person is guilty of negligent storage of a firearm in the second degree if: () the person keeps a loaded firearm within any premises that are under the person s custody or control; () the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child s parent or legal guardian; and () a child obtains access to the firearm and discharges it or uses it in the commission of a crime or uses it to cause injury to any person. (d) This section shall not apply if: () the child obtains the firearm as a result of an illegal entry into any premises by any person; () the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure; () the firearm is carried on the person or within such close proximity to the person that it can readily be retrieved and used as if carried on the person; () the firearm is locked with a locking device that renders the firearm inoperable; () The person from whom the child obtains the firearm is a law

14 BILL AS INTRODUCED S. 0 Page of 0 0 enforcement officer or a member of the U.S. Armed Forces or National Guard engaged in the performance of the person s official duties; () the child obtains or discharges the firearm during the course of a lawful act of self-defense or defense of another person; or () a reasonable person would not expect a child to be present on the premises where the firearm was obtained. (e) A person who: () violates subsection (b) of this section shall be imprisoned not more than three years or fined not more than $0,000.00, or both. () violates subsection (c) of this section shall be imprisoned not more than one year or fined not more than $,000.00, or both. (f) If a violation of this section leads to the accidental shooting of a child of the person who committed the violation: () The state s attorney shall consider the impact of the child s injury or death on the person when deciding whether to file charges under this section. () No prosecution shall be brought unless the person behaved in a grossly negligent manner or unless similarly egregious circumstances exist. () The person shall not be arrested for violating this section until: (A) at least seven days after the date upon which the accidental shooting occurred; and (B) after a law enforcement officer considers the nature and extent of

15 BILL AS INTRODUCED S. 0 Page of the child s injuries, including whether the child is in critical medical condition. (g) Nothing in this section may be construed to affect any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business except by lawful warrant, including rights under Chapter I, Articles and and Chapter II, of the Constitution of the State of Vermont. Sec.. V.S.A. 00 is amended to read: 00. RECORD OF FIREARM SALES; WARNING (a) All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers 0 and pistols, and the purchase by them of all secondhand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer s name, the caliber, model, and manufacturer s number of the firearm, the name, address, birthplace, occupation, age, height, weight, and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his or her name to the record, and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same 0 at all reasonable times. A person, partnership, or corporation who violates a provision of this section shall be fined not more than $00.00.

16 BILL AS INTRODUCED S. 0 Page of 0 (b) All pawnbrokers and retail merchants dealing in firearms shall: () conspicuously post at each purchase counter, in bold type not less than one inch in height, the following warning: TO PREVENT UNAUTHORIZED USE OR MISUSE BY CHILDREN, VERMONT LAW REQUIRES THIS FIREARM TO BE STORED SO THAT IT IS SECURE AND INACCESSIBLE TO CHILDREN; and () provide a written copy of the warning described in subdivision () of this subsection to every person who purchases a firearm. Sec.. EFFECTIVE DATE This act shall take effect on July, 0.

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