Test

Read More

Gun Laws in the United States

Gun law in the United States is defined by a number of state and federal statutes. In the United States of America, the protection against infringement of the right to keep and bear arms is addressed in the Second Amendment to the United States Constitution. While there have been vigorous debates on the nature of this right, there has been a lack of clear federal court rulings defining this right until recently. The individual right to bear arms for self-defense was affirmed in the landmark United States Supreme Court cases District of Columbia v. Heller in 2008, which overturned a handgun ban in the Federal District of Columbia, and McDonald v. City of Chicago in 2010, which incorporated the individual right to the states.

Use of firearms

Provided that all other laws are complied with, an individual may temporarily borrow or rent a firearm for lawful purposes throughout the United States.

Under United States federal law, the use of a firearm in a violent or drug trafficking crime is punishable by a mandatory prison sentence of up to 20 years. The minimum is one month. A second conviction, if the firearm is an automatic weapon or is equipped with a suppressor, brings life imprisonment without release.

Carrying firearms (federal law)

There is no federal law generally prohibiting the carry of firearms by citizens for protection or other lawful purposes, with limited exception in the Federal Gun-Free School Zones Act of 1990. Other statutes concerning Federal property such as military installations also address the carry of firearms. By tradition and as defined in the Constitution, laws describing the bearing of arms are exclusively the business of state legislatures.

The carry of firearms for protection and other lawful purposes is legal in all 50 states, either under license or as a matter of course. Washington, D.C. is the only region that both prohibits carry by statute, and doesn't issue a license exempting one from the statute.

Open carrying of firearms without any licensing requirement is legal in thirty-one states, including: Alabama; Alaska; Arizona; Arkansas; Colorado; Delaware; Idaho; Kansas; Kentucky; Louisiana; Maine; Michigan; Missouri; Montana; Nebraska; Nevada; New Hampshire; New Mexico; North Carolina; Ohio; Oregon; Pennsylvania; South Dakota; Utah; Vermont; Virginia; Washington; West Virginia; Wisconsin and Wyoming. States urge caution while engaging in open carry to not cause a public disturbance, most under penalty of law.

Some of these states' statutes prohibit carry in vehicles without a license; concealment without a license; concealment generally; or other restrictions. It is strongly advised to be totally familiar with all aspects of gun law whether they affect you or not to be fully aware.

See: Open carry in the United States and Concealed Carry in the United States

Prohibited persons

The following list of prohibited persons are ineligible to own or use firearms under the Brady Handgun Violence Prevention Act.

Those convicted of felonies and certain misdemeanors except where state law reinstates rights, or removes disability.

Fugitives from justice

Unlawful users of certain depressant, narcotic, or stimulant drugs

Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.

Non-US citizens, unless permanently immigrating into the U.S. or in possession of a hunting license legally issued in the U.S.

Those who have renounced U.S. citizenship

Persons convicted in any court of a misdemeanor crime of domestic violence (an addition)

Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition

In addition, no Federal Firearms License holder may sell or deliver firearms or ammunition to minors, defined as under the age of eighteen for long guns and the age of twenty-one for handguns.

Dealers

Persons who engage in the business of buying or selling firearms must be licensed by the ATF of the U.S. Department of Justice. A special class of "licensed collectors" provides for the purchase and sale of firearms designated by the ATF as "curios and relics."

Violations of restrictions on Title II firearms and devices are punishable by a penalty of up to $10,000 and 10 years imprisonment.

Acquiring from dealers

Provided that federal law and the laws of both the dealer's and purchaser's states and localities are complied with:

An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of residence.

An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state. However, the applicant may not purchase a pistol gripped long gun that does not have a shoulder stock until he or she is 21 years of age.

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.

Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the ATF. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year's imprisonment.

Federal Form 4473 is retained by the dealer, and the ATF is not allowed to create an electronic registry of firearms purchases that could be used in law enforcement. Instead, the ATF queries dealers individually regarding purchases. The ATF obtains forms from dealers that have gone out of business, but it is not allowed to create an efficient electronic database of the information.

A series of amendments to appropriations bills, the Tiahrt Amendments, restrict the use of information acquired by the ATF. The ATF cannot release anything but aggregate data to the public and the bureau from cannot use tracing data in some legal proceedings to suspend or revoke a dealer’s license. These amendments require that records of background checks of gun buyers be destroyed within 24 hours of approval.

An individual holding a Curio and Relics License (officially a Type 03 Federal Firearms License [FFL]; also called a C&R) may directly purchase firearms that are 50 or more years old from anyone AND any firearm officially recognized by the ATF as a Curio and Relic (C&R).

Sales between individuals

For transactions that don't involve federal firearms licensees, such as private transactions, federal law is less strict when it comes to minimum age.

In a private transaction, federal law prohibits the transfer or the sale of a handgun or ammunition, for use only in handguns, to individuals under 18 years of age. Although, there are certain exceptions in federal law, that if met, would allow an individual to transfer a handgun or ammunition, for use only in handguns, to someone under 18 years of age.

There is no federal law concerning minimum age for the transfer or sale of a firearm that is not defined as a handgun, such as rifles, semiautomatic rifles, short-barreled rifles, shotguns, short-barreled shotgun, etc., for transactions that don't involve federal firearms licensees

An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

Shipping firearms

Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL but may be shipped intrastate. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.

A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.

Firearms delivered to a common carrier for shipment must be accompanied by a written declaration to the carrier of the contents of the shipment, if mailing to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors. Notice to the carrier is not required when shipping to one of the licensed entities aforementioned. Letter from ATF summarizing shipping responsibilities under the law

Transporting firearms

Firearms are generally prohibited on property in any K-12 school. This is mostly governed by state law instead of federal law, although a federal law does bar most such possession. A small number of states will allow concealed carry by permit holders on school property. In Utah, public schools (higher education and K-12 that receive state funding) are specifically required to allow permit holders to carry concealed on campus. A larger number of states allow some gun owners, most often concealed carry permit holders, to have their guns in their vehicles while on campus to attend, or transport others to or from, a school event.

A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel: Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in a locked container. In vehicles without a locked container, the unloaded firearm shall be in a locked box other than the glove compartment or console.

Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard a commercial aircraft. The Transportation Security Administration (TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long as the firearm is unloaded.

Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.

The Wicker Amendment is United States federal legislation to allow rail travellers to put properly licensed, unloaded guns in checked Amtrak baggage. It reverses a decade-long ban on such carriage and came into effect on 15 December 2010. The policy change was promoted by the National Rifle Association and United States Senator Roger Wicker.

Ammunition

As with firearms, shipments of ammunition must be accompanied by a written notice of the shipment's contents. It is unlawful for any licensed importer, dealer, manufacturer, or collector to transfer shotgun or rifle ammunition to anyone under the age of 18, or to transfer handgun ammunition to anyone under the age of 21.

It is illegal to commercially manufacture or commercially import armor-piercing handgun ammunition as described in 18 U.S.C. chapter 44 §921 definitions (part 21). It is also illegal for federally licensed dealers to sell armor piercing handgun ammunition to anyone other than the government or law enforcement without keeping detailed records, or unless that dealer has a class 10 or 11 FFL and sells to another class 10 or class 11 FFL license holder as described in 18 U.S.C. chapter 44 §922 (b). Civilians in most states can legally possess pistol-caliber armor piercing ammunition. Only CA, IL, TX, KY, NJ, RI, FL, and Washington D.C. have laws restricting the use of such ammunition.

Antiques

Under the United States Gun Control Act of 1968, antique firearms and replicas are largely exempted from the aforementioned restrictions. Antique firearms are defined as: any firearm with a frame or receiver manufactured in or before 1898 regardless of ignition system, or any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, and any replica of an antique firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade; any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol, which is designed to use black powder, or a black powder substitute; and which cannot use fixed ammunition. (Note: Antique firearms exemptions vary considerably under state laws.

Undetectable guns

The Undetectable Firearms Act of 1988 made it "unlawful to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm" that is not detectable by a walk-through metal detector or "of which any major component, when subjected to inspection by x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component." It was signed into law by President Ronald Reagan on November 10, 1988. The law included a ten year sunset clause, and expired on November 10, 1998.

  Via: WikiPedia

Read More

Gun Laws of Chicago

Cook County and the city of Chicago have separately banned the possession of "assault weapons", as have several Chicago suburbs.

8-20-010  Definitions.
   For purposes of this chapter the following terms shall apply:
   “The Act” means the Illinois Firearm Owners Identification Card Act, 430 ILCS 65/1 et seq., as amended.
   “Ammunition” means any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding however:
      (1)   any ammunition used exclusively for line-throwing, signaling, or safety and required or recommended by the United States Coast Guard or Interstate Commerce Commission; or
      (2)   any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
   “Antique firearm” has the same meaning ascribed to that term in 18 U.S.C. § 921(a)(16).
   “Assault weapon” means any of the following, regardless of the caliber of ammunition accepted:
      (a)   (1)   A semiautomatic rifle that has the ability to accept a detachable magazine and has one or more of the following:
            (A)   a folding, telescoping or detachable stock;
            (B)   a handgun grip;
            (C)   a forward grip;
            (D)   a threaded barrel;
            (E)   a grenade, flare or rocket launcher; or
            (F)   a barrel shroud.
         (2)   A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
         (3)   A semiautomatic version of an automatic rifle.
         (4)   Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machine gun.
         (5)   A semiautomatic shotgun that has one or more of the following:
            (A)   a folding, telescoping or detachable stock;
            (B)   a handgun grip;
            (C)   a fixed magazine with the capacity to accept more than 5 rounds;
            (D)   a forward grip; or
            (E)   a grenade, flare or rocket launcher.
         (6)   A semiautomatic handgun that has the ability to accept a detachable magazine and has one or more of the following:
            (A)   the capacity to accept a detachable magazine at some location outside of the handgun grip;
            (B)   a threaded barrel;
            (C)   a barrel shroud; or
            (D)   a second handgun grip.
         (7)   A semiautomatic version of an automatic handgun.
         (8)   A semiautomatic handgun with a fixed magazine that has the capacity to accept more than 15 rounds.
         (9)   A machine gun.
         (10)   All of the following rifles, including any copies or duplicates thereof with the capability of any such weapon:
            (A)   All AK types, including the following:
               (i)   AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90. NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM
               (ii)   IZHMASH Saiga AK
               (iii)   MAADI AK47 and ARM
               (iv)   Norinco 56S, 56S2, 84S, and 86S
               (v)   Poly Technologies AK47 and AKS.
            (B)   All AR types, including the following:
               (i)   AR-10
               (ii)   AR-15
               (iii)   Armalite M15 22LR Carbine
               (iv)   Armalite M15-T
               (v)   Barrett REC7
               (vi)   Beretta AR-70
               (vii)   Bushmaster ACR
               (viii)   Bushmaster Carbon 15
               (ix)   Bushmaster MOE series
               (x)   Bushmaster XM15
               (xi)   Colt Match Target Rifles
               (xii)   DoubleStar AR rifles
               (xiii)   DPMS Tactical Rifles
               (xiv)   Heckler & Koch MR556
               (xv)   Olympic Arms
               (xvi)   Remington R-15 rifles
               (xvii)   Rock River Arms LAR-15
               (xviii)   Sig Sauer SIG516 rifles
               (xix)   Smith & Wesson M&P15 rifles
               (xx)   Stag Arms AR rifles
               (xxi)   Sturm, Ruger & Co. SR556 rifles.
            (C)   Barrett M107A1.
            (D)   Barrett M82A1.
            (E)   Beretta CX4 Storm.
            (F)   Calico Liberty Series.
            (G)   CETME Sporter.
            (H)\   Daewoo K-1. K-2, Max 1, Max 2, AR 100. and AR 110PC.
            (I)     Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
            (J)   Feather Industries AT-9.
            (K)   Galil Model AR and Model ARM.
            (L)   Hi-Point Carbine.
            (M)   HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
            (N)   Kel-Tec Sub-2000, SU-16, and RFB.
            (O)   SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551.
            (P)   Springfield Armory SAR-48.
            (Q)   Steyr AUG.
            (R)   Sturm, Ruger Mini-14 Tactical Rife M-14/20CF.
            (S)   All Thompson rifles, including the following:
               (i)   Thompson M1SB
               (ii)   Thompson T1100D
               (iii)   Thompson T150D
               (iv)   Thompson T1B
               (v)   Thompson T1B100D
               (vi)   Thompson T1B50D
               (vii)   Thompson T1BSB
               (viii)   Thompson T1-C
               (ix)   Thompson T1D
               (x)   Thompson T1SB
               (xi)   Thompson T5
               (xii)   Thompson T5100D
                (xiii)   Thompson TM1
               (xiv)   Thompson TM1C.
            (T)   UMAREX UZI Rifle.
            (U)   UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
            (V)   Valmet M62S, M71S, and M78.
            (W)   Vector Arms UZI Type.
            (X)   Weaver Arms Nighthawk.
            (Y)   Wilkinson Arms Linda Carbine.
         (11)   All of the following handguns, including any copies or duplicates thereof with the capability of any such weapon:
            (A)   All AK-47 types, including the following:
               (i)   Centurion 39 AK handgun
               (ii)   Draco AK-47 handgun
               (iii)   HCR AK-47 handgun
               (iv)   IO, Inc. Hellpup AK-47 handgun
               (v)   Krinkov handgun
               (vi)   Mini Draco AK-47 handgun
               (vii)   Yugo Krebs Krink handgun.
            (B)   All AR-15 types, including the following:
               (i)   American Spirit AR-15 handgun
               (ii)   Bushmaster Carbon 15 handgun
               (iii)   DoubleStar Corporation AR handgun
               (iv)   DPMS AR-15 handgun
               (v)   Olympic Arms AR-15 handgun
               (vi)   Rock River Arms LAR 15 handgun.
            (C)   Calico Liberty handguns.
            (D)   PSA SA58 PKP FAL handgun.
            (E)   Encom MP-9 and MP-45.
            (F)   Heckler & Koch model SP-89 handgun.
            (G)   Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.
            (H)   Kel-Tec PLR 16 handgun.
            (I)   The following MAC types:
               (i)   MAC-10
               (ii)   MAC-11
               (iii)   Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol. MPA Tactical Pistol, and MPA Mini Tactical Pistol
               (iv)   Military Armament Corp. Ingram M-11
               (v)   Velocity Arms VMAC.
            (J)   Sig Sauer P556 handgun.
            (K)   Sites Spectre.
            (L)   All Thompson types, including the following:
               (i)   Thompson TA510D
               (ii)   Thompson TA5.
            (M)   All UZI types, including Micro-UZI.
         (12)   All of the following shotguns, including any copies or duplicates thereof with the capability of any such weapon:
            (A)   Franchi LAW-12 and SPAS 12.
            (B)   All IZHMASH Saiga 12 types, including the following:
               (i)   IZHMASH Saiga 12
               (ii)    IZHMASH Saiga 12S
               (iii)   IZHMASH Saiga 12S EXP-01
               (iv)   IZHMASH Saiga 12K
               (v)    IZHMASH Saiga 12K-030
               (vi)   IZHMASH Saiga 12K-040 Taktika.
            (C)   Streetsweeper.
            (D)   Striker 12.
         (13)   All belt-fed semiautomatic firearms, including TNW M2HB.
         (14)   Any combination of parts from which a firearm described in subparagraphs (1) through (13) can be assembled.
         (15)   The frame or receiver of a rifle or shotgun described in subparagraph (1), (2), (5), (9), (10), (12), (13), or (18).
         (16)   A sawed-off shotgun.
         (17)   A short-barrel rifle.
         (18)   A .50 caliber rifle.
      (b)   An “assault weapon” shall not include any firearm that:
         (1)   is manually operated by bolt, pump, lever, or slide action:
         (2)   has been rendered permanently inoperable.  “Permanently inoperable” means a firearm which is incapable of discharging a projectile by means of an explosive and incapable of being restored to a firing condition; or
         (3)   is an antique firearm.
      (c)   For purposes of this definition of “assault weapon” the following terms apply:
         (1)   “barrel shroud” means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel.  The term does not include (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not completely or substantially encircle the barrel.
         (2)   “detachable magazine” means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action.
         (3)   “fixed magazine” means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm.
         (4)   “folding, telescoping, or detachable stock” means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise to enhance the concealability, of a firearm.
         (5)   “forward grip” means a grip located forward of the trigger that functions as a handgun grip.
         (6)   “rocket” means any simple or complex tubelike device containing combustibles that on being ignited liberate gases whose action propels the device through the air and has a propellant charge of not more than 4 ounces.
         (7)   “grenade, flare or rocket launcher” means an attachment for use on a firearm that is designed to propel a grenade, flare, rocket, or other similar device.
         (8)   “handgun grip” means a grip, a thumbhole stock, or any other part, feature or characteristic that can function as a grip.
         (9)   “threaded barrel” means a feature or characteristic that is designed to allow for the attachment of a device such as a firearm silencer or a flash suppressor.
         (10)   “belt-fed semiautomatic firearm” means any repeating firearm that:
               (i)   utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;
               (ii)   requires a separate pull of the trigger to fire each cartridge; and
               (iii)   has the capacity to accept a belt ammunition feeding device.
         (11)   “.50 caliber rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.
         (12)   “.50 caliber cartridge” means a fixed cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle.  “.50 caliber cartridge” does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.
   “Corrections officer” means wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
   “Department” means the department of police.
   “Duty-related firearm” shall mean any firearm which is authorized by any law enforcement agency or employer to be utilized by their personnel in the performance of their official duties.
   “Firearm” means any device, by whatever name known, which is designed or restored to expel a projectile or projectiles by the action of any explosive, expansion of gas or escape of gas.  Provided, that such term shall not include:
      (1)   any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
      (2)   any device used exclusively for line- throwing, signaling, or safety and required or recommended by the United States Coast Guard or Interstate Commerce Commission; or
      (3)   any device used exclusively for firing explosives, rivets, stud cartridges, or any similar industrial ammunition.
   “Firearm case” means any firearm case, carrying box, shipping box or other similar container that is designed for the safe transportation of the firearm.
   “FOID” means the Firearm Owner's Identification Card issued pursuant to the Act.
   “High capacity magazine” means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of more than 15 rounds of ammunition.  A “high capacity magazine” does not include an attached tubular device to accept, and capable of operating only with, .22 caliber rimfire ammunition.
   “Laser sight accessory” means a laser sighting device which is either integrated into a firearm or capable of being attached to a firearm.
   “Licensed shooting range facility” means a shooting range facility that is duly licensed pursuant to Chapter 4-151.
   “Licensee of a licensed shooting range facility” or “licensee” means any person issued a shooting range facility license under Chapter 4-151.
   “Machine gun” means any firearm which can fire multiple rounds of ammunition by a single function of the firing device or one press of the trigger.
   “Peace officer” means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
   “Sawed-off shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon, as modified, has an overall length of less than 26 inches.
   “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length, and any weapon made from a rifle, whether by alteration, modification, or otherwise, if such weapon, as modified, has an overall length of less than 26 inches.
   “Superintendent” means the superintendent of the department or his designated representative.
   “Safety mechanism” means a design adaption or nondetachable accessory that lessens the likelihood of unanticipated use of the handgun.
   “Trigger lock” means a device that when locked in place by means of a key, prevents a potential user from pulling the trigger of the firearm without first removing the trigger lock by use of the trigger lock's key.
   “Manager”, “Employee”, “Range Master”, “CCL”, “Shooting range patron” and “Shooting range facility” have the meaning ascribed to those terms in Section 4-151-010.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J. 7-6-11, p. 3073, § 4; Amend Coun. J. 1-17-13, p. 45370, § 4; Amend Coun. J. 7-17-13, p. 57262, § 1; Amend Coun. J. 9-11-13, p. 59869, § 3)
ARTICLE  II. POSSESSION OF FIREARMS
Bookmark8-20-020  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-020, which pertained to unlawful possession of handguns.
Bookmark8-20-030  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-030, which pertained to unlawful possession of long guns.
Bookmark8-20-035  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-035, which pertained to unlawful possession of unregisterable firearms.
Bookmark8-20-040  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-040, which pertained to firearms kept or maintained in a home.
Bookmark8-20-050  Firearms – Protection of minors.
   (a)   It is unlawful for any person to keep or possess any firearm or ammunition in his home if the person knows or has reason to believe that a minor under the age of 18 years is likely to gain access to the firearm or ammunition, unless:
      (1)   the person is physically present in the home and the firearm is either being held by the person or is physically secured on the person's body;
      (2)   the firearm is secured by a trigger lock or other mechanism, other than the firearm safety mechanism, designed to render a firearm temporarily inoperable; or
      (3)   the firearm and ammunition are placed in a securely locked box or container.
   (b)   No person shall be punished for a violation of this section under the following circumstances:
      (1)   if the minor gains access to the firearm and uses it in a lawful act of self-defense or defense of another; or
      (2)   if the minor gains access to the firearm because of an unlawful entry of the premises by the minor or another person.
   The provisions of this section shall not apply to peace officers.
(Added Coun. J. 7-2-10, p. 96234, § 4)
Bookmark8-20-060  Possession of a laser sight accessory, firearm silencer or muffler.
   (a)   It is unlawful for any person to carry, possess, display for sale, sell or otherwise transfer any laser sight accessory, or a firearm silencer or muffler.
   (b)   The provisions of this section shall not apply to any members of the armed forces of the United States, or the organized militia of this or any other state, or peace officers, to the extent that any such person is otherwise authorized to acquire or possess a laser sight accessory, or firearm silencer or muffler, and is acting within the scope of his duties.
   (c)   Any laser sight accessory, or firearm silencer or muffler, carried, possessed, displayed or sold in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.
(Added Coun. J. 7-2-10, p. 96234, § 4)
Bookmark8-20-070  Unlawful firearm, laser sight accessory, or firearm silencer or muffler in a motor vehicle – Impoundment.
   (a)   The owner of record of any motor vehicle that contains an assault weapon, a laser sight accessory, or a firearm silencer or muffler, shall be liable to the city for an administrative penalty of $2,000 plus any towing and storage fees applicable under Section 9-92-080.  If the violation takes place within 500 feet of the boundary line of a public park or elementary or secondary school, the penalty shall be $3,000 plus towing and storage fees.  Any such vehicle shall be subject to seizure and impoundment pursuant to this section.
   (b)   Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents.  Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under Section 2-14-132 of this Code.
   (c)   The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 7-17-13, p. 57262, § 1)
Bookmark8-20-075  Possession of assault weapons.
   (a)   It shall be unlawful for a person to import, sell, manufacture, transfer, or possess an assault weapon.
   (b)   This section shall not apply to corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess assault weapons, and is acting within the scope of his duties, or to any person while engaged in the manufacturing, transportation or sale of assault weapons to people authorized to possess them under this section.
   (c)   Notwithstanding subsection (a):
      (1)   Any person who lawfully possesses a firearm that on the effective date of this section became prohibited as being an assault weapon has 60 days after the effective date of this section to legally dispose of, or remove from the city, the assault weapon.
      (2)   Any person who is a qualified retired law enforcement officer, as that term is defined in 18 U.S.C. § 926C, and who lawfully possessed a duty-related assault weapon at the time of separation from active duty in law enforcement, shall legally dispose of, or remove from the city, the assault weapon within 60 days of such separation.
   (d)   Any assault weapon carried, possessed, displayed, sold or otherwise transferred in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.
(Added Coun. J. 7-17-13, p. 57262, § 1)
Bookmark8-20-080  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-080, which pertained to possession of ammunition.
Bookmark8-20-085  High capacity magazines and certain tubular magazine extensions – Sale and possession prohibited – Exceptions.
   (a)   It is unlawful for any person to carry, possess, sell, offer or display for sale, or otherwise transfer any high capacity magazine or tubular magazine extension for a shotgun.  This section shall not apply to corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess a high capacity magazine or tubular magazine extension for a shotgun, and is acting within the scope of his duties, or to any person while in the manufacturing, transportation or sale of high capacity magazines or tubular magazine extension for a shotgun to people authorized to possess them under this section.
   (b)   Any high capacity magazine or tubular magazine extension for a shotgun carried, possessed, displayed, sold or otherwise transferred in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J. 7-17-13, p. 57262, § 1)
Bookmark8-20-090  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-090, which pertained to interstate transportation of firearms.
Bookmark8-20-100  Sale or transfer of firearms or ammunition prohibited.
   (a)   Except as authorized by section 2-84-075, no firearm may be sold, acquired or otherwise transferred within the city, except through inheritance of the firearm.
   (b)   No ammunition may be sold or otherwise transferred within the city, except through a licensed weapons dealer, or as otherwise allowed by this code.
   (c)   Notwithstanding subsection (a), a peace officer may sell or transfer any lawfully held firearm or ammunition to another peace officer in accordance with the other provisions of this chapter.
   (d)   Notwithstanding any other provision of this section:
      (1)   a licensee, range master, manager or employee of a licensed shooting range facility may sell ammunition, or provide a firearm to, a shooting range patron in compliance with Section 4-151-170; or
      (2)   a shooting range patron may provide a firearm to another shooting range patron for use at the shooting range when both shooting range patrons have FOID cards or CCLs, if required.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J. 7-6-11, p. 3073, § 4; Amend Coun. J. 1-17-13, p. 45370, § 4; Amend Coun. J. 9-11-13, p. 59869, § 3)
ARTICLE III.  RESERVED.
Bookmark8-20-110  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-110, which pertained to a required CFP.
Bookmark8-20-120  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-120, which pertained to CFP application.
Bookmark8-20-130  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-130, which pertained to CFP card fee and expiration.
Bookmark8-20-140  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-140, which pertained to a firearm registration certificate.
Bookmark8-20-145  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-145, which pertained to registration certificate expiration.
Bookmark8-20-150  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-150, which pertained to application fees.
Bookmark8-20-160  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-160, which pertained to restrictions on issuance of registration certificates.
Bookmark8-20-170  Reserved.
Editor's note – Coun. J. 7-17-13, p. 57262, § 1, repealed § 8-20-170, which pertained to unregisterable firearms.
Bookmark8-20-180  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-180, which pertained to CFP and registration certificate.
Bookmark8-20-185  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-185, which pertained to additional duties.
Bookmark8-20-190  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-190, which pertained to denials and revocations.
Bookmark8-20-200  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-200, which pertained to a procedure for denial.
Bookmark8-20-205  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-205, which pertained to a procedure for revocation.
Bookmark8-20-210  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-210, which pertained to automatic revocation of registration certificates.
ARTICLE IV.  MISCELLANEOUS PROVISIONS.
Bookmark8-20-220  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-220, which pertained to false information, forgery, and alteration.
Bookmark8-20-230  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-20-230, which pertained to notice.
Bookmark8-20-240  Reserved.
Editor's note – Coun. J. 9-11-13, p. 59869, § 7, repealed § 8-240-00, which pertained to posting of unsafe handguns.
Bookmark8-20-250  Seizure and forfeiture of firearms, ammunition, laser sight accessories and firearm silencers and mufflers – Authority and destruction.
   The superintendent has the authority to seize any firearm, assault weapon, ammunition, laser sight accessories, or firearm silencer or muffler carried or possessed in violation of this chapter or any applicable state or federal law.  Such items are hereby declared contraband and shall be seized by and forfeited to the city.
   Whenever any firearm, ammunition, laser sight accessories, or firearm silencer or muffler is surrendered or forfeited pursuant to the terms of this chapter, or any applicable state or federal law, the superintendent shall ascertain whether such firearm, ammunition, assault weapon, laser sight accessories, or firearm silencer or muffler is needed as evidence in any matter.  All such items which are not required for evidence shall be destroyed at the direction of the superintendent; provided that those firearms and ammunition that the superintendent shall deem to be of use to the department may be retained for the use of the department.  A record of the date and method of destruction and an inventory of the firearm or ammunition so destroyed shall be maintained.
   Nothing in this section shall be construed to regulate any firearm or ammunition to the extent that such regulation is preempted.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J. 7-17-13, p. 57262, § 1)
Bookmark8-20-260 Rules and regulations.
   The superintendent has the authority to promulgate rules and regulations for the implementation of this chapter and to prescribe all forms and the information required.  All rules and regulations promulgated by the superintendent pursuant to this chapter shall be posted on the department's web site.
(Added Coun. J. 7-2-10, p. 96234, § 4)
Bookmark8-20-270  Acquisition or possession prohibited by law.
   Nothing in this chapter shall make lawful the acquisition or possession of firearms or ammunition which is otherwise prohibited by law.
(Added Coun. J. 7-2-10, p. 96234, § 4)
Bookmark8-20-280  Reporting of destruction, transfer, loss or theft of firearms.
   (a)   Every person who possesses a firearm within the city shall, in a manner prescribed by the superintendent:
      (1)   notify the department of the destruction, loss or theft of the firearm within 48 hours of when the person knows, or should have known, of such destruction, loss or theft; or
      (2)   notify the department of the sale, transfer, inheritance or other disposition of the firearm within 48 hours of such disposition.
   (b)   Compliance with this section shall be in addition to any other reporting requirements required by any local, state or federal law or regulation pertaining to lost, stolen, sold or otherwise transferred firearms.
(Added Coun. J.  2-13-13, p.  46844, § 1)
Editor's note– Coun. J. 7-6-11, p. 3073, § 4, repealed a former § 8-20-280, which prohibited shooting galleries and target ranges.
Bookmark8-20-290  Severability.
   If any provision or term of this chapter, or any application thereof, is held invalid, the invalidity shall not affect other applications of the provisions or terms of this chapter which reasonably can be given effect without the invalid provision or term for the application thereof.
(Added Coun. J. 7-2-10, p. 96234, § 4)
ARTICLE V. VIOLATION OF CHAPTER PROVISIONS
Bookmark8-20-300 Violation – Penalty.
   (a)   Unless the enhanced penalty imposed by subsection 8-4-350(b)(2) or subsection 8-4-355(b)(2) of this Code applies, any person who violates section 8-20-060 shall be fined not less than $1,000.00 nor more than $5000.00 and be incarcerated for a term not less than 20 days nor more than 90 days.
   Unless the enhanced penalty imposed by subsection 8-4-350(b)(1) subsection 8-4-355(b)(1) of this Code applies, any person who violates section 8-20-075, or 8-20-085, or 8-20-100 shall be fined not less than $1,000.00 nor more than $5,000.00 and be incarcerated for a term of not less than 90 days nor more than 180 days.
    Each day that such violation exists shall constitute a separate and distinct offense.
   (b)   Unless another fine or penalty is specifically provided, any person who violates any provision of this chapter, or any rule or regulation promulgated hereunder, shall for the first offense, be fined not less than $1,000.00, nor more than $5,000.00, or be incarcerated for not less than 20 days nor more than 90 days, or both.  Any subsequent conviction for a violation of this chapter shall be punishable by a fine of not less than $5,000.00 and not more than $10,000.00, and by incarceration for a term of not less than 30 days, nor more than six months.  Each day that such violation exists shall constitute a separate and distinct offense.
   (c)   Reserved.
   (d)   Upon the determination that a person has violated any provision of this chapter or any rule or regulation promulgated hereunder, the superintendent may institute an administrative adjudication proceeding with the department of administrative hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the department of administrative hearings.
(Added Coun. J. 7-2-10, p. 96234, § 4; Amend Coun. J.  2-13-13, p.  46844, § 1; Amend Coun. J. 7-17-13, p. 57257, § 2; Amend Coun. J. 7-17-13, p. 57262, § 1; Amend Coun. J. 9-11-13, p. 59869, § 3; Amend Coun. J. 9-11-13, p. 59905, § 2)

Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

Read More