SB 0532 Bans assault weapons
LR Number:2334S.01I Fiscal Note:2334-01
Committee:Civil and Criminal Jurisprudence
Last Action:01/19/00 - Hearing Conducted S Civil & Criminal Jurisprudence Journal page:
Effective Date:August 28, 2000
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Current Bill Summary

SB 532 - This act bans the sale or possession of assault weapons. The act prohibits the distribution or transport, import, sale or gift of any assault weapon within or into the state. A violation is a Class C felony, unless the person receiving the assault weapon is under eighteen, in which case it is a Class B felony.

Any person who possesses an assault weapon shall be guilty of a Class C felony, unless: 1) it is the first violation; 2) the person presents proof that he or she lawfully possessed the weapon prior to August 28, 2000; and 3) the weapon is retained at certain legally permissible locations. Persons who possess assault weapons prior to August 28, 2000, are exempt from this provision if they were previously in lawful possession and are eligible to apply for a certificate of possession by August 28, 2001. Persons possessing weapons pursuant to this provision may not transfer the weapon within this state on or after January 1, 2001, except to a licensed gun dealer or by bequest or intestate succession.

The act specifies the required contents of certificates of transfer and possession, the method of obtaining certification from the Department of Public Safety and the conditions of certification. The bill exempts law enforcement agencies, the Department of Corrections, and state and federal military and naval forces, as well as executors or administrators of an estate that includes a lawful assault weapon, or the transfer of ownership of a lawful assault weapon by intestate succession. Anyone who owns an assault weapon may arrange in advance to relinquish the weapon to a law enforcement agency or the Department of Public Safety.

While transporting any assault weapon, a person may not carry it loaded and concealed from public view, or have an assault weapon in a vehicle unless it is unloaded and inaccessible to any occupant of the vehicle. Violation of this provision carries a fine up to $500 or imprisonment of up to 3 years or both. The bill allows transportation to certain exhibitions, displays or educational projects. Licensed gun dealers in lawful possession of an assault weapon may transport the weapon between dealers or out of the state, display it at any licensed gun show or sell it to an out-of-state resident. Dealers may also take possession in order to repair or service a weapon.