2013 -- S 0859

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LC02370

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES -- GUN CONTROL AND SAFE FIREARMS ACT

     Introduced By: Senators Miller, Nesselbush, Goldin, and Jabour

     Date Introduced: April 11, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 47.1

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GUN CONTROL AND SAFE FIREARMS ACT

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     11-47.1-1. Short title. -- This chapter shall be known as and may be cited as the "Gun

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Control and Safe Firearms Act."

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     11-47.1-2. Restrictions on manufacture, sale, purchase, and possession of certain

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semiautomatic assault weapons. -- (a) It shall be unlawful for a person to manufacture, sell,

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purchase, or possess a semiautomatic assault weapon.

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     (b) The term "semiautomatic assault weapon" means:

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     (1) A semiautomatic rifle that has an ability to accept a detachable magazine and has at

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least two (2) of the following characteristics:

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     (i) A folding or telescoping stock;

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     (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

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     (iii) A thumbhole stock;

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     (iv) A bayonet mount;

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     (v) A threaded barrel designed to accommodate a flash suppressor, muzzle break, or

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muzzle compensator;

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     (vi) A grenade launcher; or

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     (2) A semiautomatic shotgun that has at least two (2) of the following characteristics:

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     (i) A folding or telescoping stock;

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     (ii) A thumbhole stock;

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     (iii) A second handgrip or a protruding grip that can be held by the non-trigger hand;

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     (iv) A fixed magazine capacity in excess of seven (7) rounds;

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     (v) An ability to accept a detachable magazine; or

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     (3) A semiautomatic pistol that has an ability to accept a detachable magazine and has at

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least two (2) of the following characteristics:

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     (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;

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     (ii) Capacity to accept an ammunition magazine that attaches to the pistol outside of the

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pistol grip;

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     (iii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward

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handgrip, or silencer;

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     (iv) A shroud that is attached to, or partially or completely encircles, the barrel and that

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permits the shooter to hold the firearm with the non-trigger hand without being burned;

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     (v) A manufactured weight of fifty (50) ounces or more when the pistol is unloaded; or

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     (vi) A semiautomatic version of an automatic rifle, shotgun or firearm;

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     (4) A revolving cylinder shotgun;

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     (5) Provided, however, that such term does not include:

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     (i) Any rifle, shotgun or pistol that:

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     (A) Is manually operated by bolt, pump, lever or slide action;

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     (B) Has been rendered permanently inoperable; or

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     (C) Is an antique firearm as defined in 18 U.S.C. 921(a)(16);

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     (ii) A semiautomatic rifle that cannot accept a detachable magazine that holds more than

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ten (10) rounds of ammunition;

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     (iii) A semiautomatic shotgun that cannot hold more than ten (10) rounds of ammunition

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in a fixed or detachable magazine; or

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     (iv) Any firearm, rifle, or shotgun that was manufactured prior to July 1, 1963;

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     (c) On or after July 1, 2013, any semiautomatic assault weapon that was legally possessed

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prior to July 1, 2013 may only be sold to:

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     (1) A purchaser authorized to possess such weapon pursuant to section 11-47-43; or

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     (2) A purchaser outside of the state.

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     (d) A person who sells or purchases any semiautomatic assault weapon without

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complying with the provisions of this subsection shall be punished, upon conviction, by

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imprisonment for not less than ten (10) years and not more than twenty (20) years.

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     11-47.1-3. Ban of large capacity ammunition feeding devices. -- (a) It shall be

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unlawful for a person to manufacture, sell, purchase, or possess a large capacity ammunition

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feeding device.

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     (b) "Large capacity ammunition feeding device" means a magazine, belt, drum, feed

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strip, or similar device, that was manufactured on or after July 1, 2013 and has:

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     (1) A capacity of, or that can be readily restored or converted to accept, more than ten

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(10) rounds of ammunition; or

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     (2) Contains more than ten (10) rounds of ammunition; or

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     (3) Has a capacity of, or that can be readily restored or converted to accept, more than ten

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(10) rounds of ammunition; provided, however, that such term does not include an attached

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tubular device designed to accept, and capable of operating only with, .22 caliber rimfire

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ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is

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defined as a device that:

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     (i) Was manufactured prior to July 1, 1963;

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     (ii) Is only capable of being used exclusively in a firearm, rifle, or shotgun that was

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manufactured at least fifty (50) years prior to the current date, but not including replicas thereof;

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and

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     (iii) Is possessed by an individual who is not prohibited by state or federal law from

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possessing a firearm.

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     (c) On or after July 1, 2013, any feeding device defined in subdivisions (b)(1), (b)(2), and

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(b)(3) above that was legally possessed prior to July 1, 2013 may only be sold to: (1) A purchaser

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authorized to possess such feeding device pursuant to section 11-47-43; or (2) A purchaser

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outside of the state.

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     (d) A person who sells or purchases any such feeding device without complying with the

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provisions of this subsection shall be punished, upon conviction, by imprisonment for not less

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than ten (10) years and not more than twenty (20) years.

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     11-47.1-4. Definitions. -- Words and phrases not defined within this chapter shall have

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the meanings set forth in section 11-47-2.

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     11-47.1-5. Severability. -- If any clause, sentence, paragraph, section, or part of this

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chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall

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not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the

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clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which

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the judgment shall have been rendered.

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     SECTION 2. Section 11-47-43 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-43. Collectors and police officers exempt from section 11-47-42 Certain

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exemptions for collectors and police officers. -- The provisions of section 11-47-42, so far as

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they forbid the possession of certain instruments or weapons, shall not apply to any person who

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possesses or is making a collection of the weapons as curios or for educational, professional,

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scientific, or any other lawful purpose, without intent to use the instrument or weapon unlawfully.

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Nor shall the provisions of section 11-47-42, so far as they relate to the possession or carrying of

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any billy, or the provisions of section 11-47.1-2 or section 11-47.1-3, apply to sheriffs,

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constables, police, or other officers or guards whose duties require them to arrest or to keep and

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guard prisoners or property, nor to any person summoned by those officers to aid them in the

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discharge of their duties while actually engaged in their duties.

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     SECTION 3. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

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construed as follows:

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      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

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section 921.

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      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

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commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

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second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

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burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

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delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

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controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of

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section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes,

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assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault

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with intent to commit any offense punishable as a felony; upon any conviction of an and any

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offense punishable as a felony offense under section 12-29-5.

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     (3) "Feeding device" means a fixed or detachable magazine, belt, drum, feed strip, or

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similar device capable of accepting, or that can be readily converted to accept, rounds of

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ammunition or shotgun shells.

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      (3)(4) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

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"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

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readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

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and except instruments propelling projectiles which are designed or normally used for a primary

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purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

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firearm under the provisions of this section.

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      (4)(5) "Fugitive from justice" means any person who has fled from any state, territory,

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the District of Columbia, or possession of the United States to avoid prosecution for a crime of

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violence or to avoid giving testimony in any criminal proceeding.

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      (5)(6) "Licensing authorities" means the board of police commissioners of a city or town

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where the board has been instituted, the chief of police or superintendent of police of other cities

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and towns having a regular organized police force, and, in towns where there is no chief of police

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or superintendent of police, it means the town clerk who may issue licenses upon the

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recommendation of the town sergeant, and it also means any other person persons or body bodies

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duly authorized by the city or town charter or by state law to issue licenses relating to the

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purchase, sale, or possession of firearms.

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      (6)(7) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

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readily restored to shoot automatically more than one shot, without manual reloading, by a single

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function of the trigger. The term also includes the frame or receiver of the weapon, any

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combination of parts designed and intended for use in converting a weapon into a machine gun,

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and any combination of parts from which a machine gun can be assembled if the parts are in the

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possession or under the control of a person.

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      (7)(8) "Person" includes an individual, partnership, firm, association, or corporation.

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      (8)(9) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

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with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

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designed for the use of blank cartridges only.

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      (9)(10) "Sawed-off rifle" means any rifle with overall length of less than twenty-six

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inches (26") and/or barrel length of less than sixteen inches (16").

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      (10)(11) "Sawed-off shotgun" means any shotgun with overall length of less than

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twenty-six inches (26") and/or barrel length of less than eighteen inches (18").

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      (11)(12) "Sell" includes let or hire, give, lend, dispose, and transfer, and "purchase"

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includes hire, accept, and borrow, and "purchasing" any and all variations of the terms of "sell"

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and "purchase" shall be construed accordingly.

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     (13) "Semiautomatic" means any firearm capable of utilizing a portion of the energy of a

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firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a

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separate pull of the trigger to fire each cartridge.

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SECTION 4. This act shall take effect upon passage.

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LC02370

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- GUN CONTROL AND SAFE FIREARMS ACT

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     This act would impose restrictions on the manufacture, transfer and possession of certain

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semiautomatic assault weapons. It would ban large capacity ammunition feed devices.

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     This act would take effect upon passage.

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LC02370

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