Professional Documents
Culture Documents
Boulder Ordinance 8245
Boulder Ordinance 8245
City Manager
Suzanne Jones
Jane Brautigam
Council Members
City Attorney
Aaron Brockett
Thomas A. Carr
Cindy Carlisle
Jill Grano
City Clerk
Lisa Morzel
Council Chambers Lynnette Beck
Mirabai Nagle
1777 Broadway
Sam Weaver
Boulder, CO 80302
Bob Yates
April 5, 2018
Mary Young
6:00 PM
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MEETING DATE:
April 5, 2018
AGENDA TITLE
Introduction, first reading and consideration of a motion to order published by title only
Ordinance 8245 adding additional firearm regulations to the Boulder Revised Code
PRIMARY STAFF CONTACT
Thomas Carr, City Attorney, 303-441-3020
REQUESTED ACTION OR MOTION LANGUAGE
Motion to introduce and order published by title only Ordinance 8245 imposing additional
firearm restrictions in the city of Boulder and setting forth related details
ATTACHMENTS:
Description
Memo and Attachments
PRESENTERS
EXECUTIVE SUMMARY
On February 14, 2018, 19-year-old Nikolas Cruz entered a building at Marjory Stoneman
Douglas High School in Parkland Florida, pulled a fire alarm and began shooting students
and teachers with an AR-15 assault rifle that he had purchased legally. There were 34
victims, including 17 whom he killed. Defining a mass shooting as one in which there
are four or more people shot, not including the gunman, this was the 30th mass shooting in
the United States in 2018. 1 Since the Parkland shooting there have been 19 more such
mass shootings in the United States as of March 23, 2018. Assault rifles, in particular,
the AR-15, have become increasingly more common in mass shootings. Between
January 1, 2007 and February 28, 2018, there have been at least 173 people killed in mass
shootings involving AR-15 rifles. 2 This list includes the shootings in Aurora, Colorado
in July 2012, (12 killed) Newton, Connecticut in December 2012 (26 killed), San
Bernardino, California in December 2015 (14 killed), Las Vegas, Nevada, October 2017
(59 killed), Sutherland Texas, November 2017 (26 killed) and Parkland, Florida,
February 2017 (17 killed). Considering these events, the city council directed staff to
1
This data is from the Gun Violence archive, which defines a mass shooting as a shooting in which four or
more people, not including the shooter, are shot. http://www.gunviolencearchive.org/
2
https://www.nytimes.com/interactive/2018/02/28/us/ar-15-rifle-mass-shootings.html
STAFF RECOMMENDATION
Motion to introduce and order published by title only Ordinance 8245 imposing
additional firearm restrictions in the city of Boulder and setting forth related details.
• Economic – There are two businesses in Boulder that sell the products that the
council is considering for a ban. Tax revenue from these businesses will likely
decrease, although one study suggests that the true cost of gun violence far
exceeds the economic impact of gun sales and manufacture. 3
• Environmental – None identified.
• Social – Public safety is among the city’s highest priorities. Any reduction or
prevention of gun violence will have a positive social impact.
OTHER IMPACTS
• Fiscal – All work for drafting will be performed within existing department
budgets. The final ordinance may require additional funding to implement.
• Staff time – All work for drafting will be performed with existing staff. The final
ordinance may require additional staff to implement.
3
https://www.motherjones.com/politics/2015/04/true-cost-of-gun-violence-in-america/
Not Applicable.
PUBLIC FEEDBACK
BACKGROUND
Assault weapons are semi-automatic firearms designed with military features to allow
rapid spray firing for the quick and efficient killing of humans. An automatic weapon is
one that fires multiple rounds with a single pull of the trigger. A semi-automatic weapon
fires only one round per trigger pull, but automatically loads a round after each shot.
Assault weapons are civilian versions of military weapons. For example, the difference
between a AR-15 and its military counterpart the M-16, is that the M-16 is an automatic
weapon while the AR-15 is a semi-automatic weapon. The AR-15 requires the shooter to
pull the trigger for each round that is fired. Automatic weapons are banned by federal
law.
The automatic firing mechanism does not present a significant increase in the lethality of
the M-16 when compared to the AR-15. The military trains its personnel to use repeated
single shots, which are more accurate. Military training is for personnel to shoot at 12 to
15 rounds per minute or one round every four to five seconds. A New York Times
analysis of the Parkland, Florida shooting estimated that Nikolas Cruz fired as quickly as
one and a half rounds per second. 4
Assault weapons are deadly because they allow a shooter to fire a high number of rounds
quickly, under control. The features that create this lethality are the ability to accept
magazines holding as many as 100 rounds. These magazines are designed to be replaced
quickly, which increases the number of rounds that can be fired. In addition, assault
weapons are designed to maintain stability while firing. A rifle fired from the shoulder
recoils and must be brought down and onto a target before another round can be fired.
Assault weapons have features such as pistol grips or thumb-hole grips, a forward grip or
a barrel shroud, which allow for greater control of the weapon allowing it to be kept
pointed at a target while being fired. The pistol grip or thumb-hole grip allows for
greater control with the trigger hand. The forward grip or barrel shroud, which is a fitting
on the barrel which protects the shooter’s hand from the heated barrel allowing the
shooter to grip the barrel, both allow for better control with the non-trigger hand. The
combination of high capacity magazines and better control can make semi-automatic
assault weapons as lethal as their military counterparts.
Large capacity ammunition magazines are feeding devices that may hold as many as 100
rounds of ammunition. In 2013, the State of Colorado banned magazines capable of
holding 15 or more rounds of ammunition.
4
https://www.nytimes.com/interactive/2018/02/28/us/ar-15-rifle-mass-shootings.html
As noted above, assault weapons and/or large capacity ammunition magazines have been
used in many mass shootings, including those described below:
• Las Vegas, Nevada, October 1, 2017: a shooter killed 59 and wounded 527 armed
with 23 guns, including both AR-15s and AK-47s as well as at least one gun
modified with a bump stock. The following weapons were found inside of the
killer’s hotel room:
o Colt M4 Carbine AR-15 .223/5.56 with a bump stock, vertical fore grip
and 100 round magazine.
o Noveske N4 AR-15 .223/5.56 with a bump stock, vertical fore grip and 40
round magazine.
o LWRC M61C AR-15 .223/5.56 with a bump stock, vertical fore grip and
100 round magazine.
o POF USA P-308 AR-10 .308/7.62 with a bipod, scope and 25 round
magazine.
o Christensen Arms CA-15 AR-15 .223 Wylde with a bump stock, vertical
fore grip and 100 round magazine.
o POF USA P-15 P AR-15 .223/5.56 with a bump stock, vertical fore grip
and 100 round magazine.
o Colt Competition AR-15 .223/5.56 with a bump stock, vertical fore grip
and 100 round magazine.
o Smith & Wesson 342 AirLite .38 caliber revolver with 4 cartridges and 1
expended cartridge case.
5
https://www.nytimes.com/interactive/2017/10/04/us/bump-stock-las-vegas-gun.html
6
https://www.justice.gov/file/1046006/download
• Orlando, Florida, June 12, 2016: a shooter killed 49 and wounded 58 at the Pulse
Nightclub with an AR-15-style assault rifle and a Glock 17 9mm handgun.
• Aurora, Colorado, July 20, 2012: a shooter killed 12 and wounded 58 armed with
a Smith & Wesson M&P15 assault rifle and 100-round ammunition magazines
and a Remington 870 pump shotgun. He also had a Glock 22 .40 caliber pistol.
• Washington D.C. area, October 2002: shooters killed 10 and wounded 3 during a
3-week rampage armed with a Bushmaster XM-15 assault rifle.
• San Francisco, California, July 1, 1993: a shooter killed 8 and wounded 6 armed
with TEC-9 assault pistols and 40- and 50-round ammunition magazines. The
suspect used a Hell-Fire trigger, which is a type of multi-burst trigger activator.
In 1994, the federal government enacted a ban on the manufacture, transfer, and
possession of semi-automatic assault weapons and the transfer and possession of large
capacity ammunition magazines. The law included a ten-year sunset provision. In 2004,
Congress allowed the law to expire. Seven states and the District of Columbia currently
ban assault weapons and (with the exception of Connecticut) large capacity ammunition
magazines at the state level. The District of Columbia ban does not grandfather pre-ban
weapons and the laws in Hawaii and New Jersey do not grandfather pre-ban large
capacity ammunition magazines. Two additional states regulate, but do not ban, assault
weapons.
Studies show that the federal assault weapon ban resulted in a marked decrease in the use
of assault weapons and large capacity ammunition magazines in crime. One study found
that in several major cities, the share of recovered crime guns that were assault weapons
declined by at least 32% after the federal ban was adopted. 8 Another study analyzed data
kept by the Virginia State Police and found a clear decline in the percentage of crime
guns that were equipped with large capacity ammunition magazines after the federal ban
was enacted. The percentage reached a low of 10% in 2004 and then steadily climbed
after Congress allowed the ban to expire; by 2010, the percentage was close to 22%. 9
Although effective, the federal assault weapons ban was not comprehensive. The federal
ban used a two-criteria test, which banned weapons that met two of a series of listed
criteria. This allowed for manufactures to redesign weapons to comply with the ban with
7
http://www.theiacp.org/portals/0/pdfs/IACPFirearmsPositionPaper.pdf
8
Christopher S. Koper, An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun
Markets and Gun Violence, 1994-2003, Report to the National Institute of Justice, U.S. Department of
Justice at 49 (June 2004) https://www.ncjrs.gov/pdffiles1/nij/grants/204431.pdf
9
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/22/AR2011012203452.html
Most Americans support banning military-style firearms and large capacity ammunition
magazines. A Quinnipiac University poll released in February 2018 found that 67% of
the voters support a ban on semi-automatic assault weapons and high-capacity
ammunition magazines. A 2003 Field & Stream poll revealed that 67% of its readers did
not consider assault weapons to be legitimate sporting guns. 11
ANALYSIS
Assault Weapons
The Boulder Revised Code currently includes the following definition of “assault
weapon:”
(c) All semiautomatic pistols that are modifications of rifles having the
same make, caliber, and action design but a short barrel or modifications
of automatic weapons originally designed to accept magazines with a
capacity of twenty-one or more rounds.
§ 5-8-2, B.R.C. 1981. This definition is used in section 5-8-18, which prohibits unlawful
storage of assault weapons. While useful, this definition does not address all areas of
increased lethality associated with modern assault weapons. Subsection (a) applies only
10
http://www.nytimes.com/2002/10/25/us/hunt-for-sniper-weapon-officials-say-records-show-gun-was-
illegally-owned.html
11
https://www.fieldandstream.com/articles/hunting/2002/06/2003-national-hunting-survey
Attachment B includes copies of the California, Connecticut, Denver and Vail assault
weapon bans which include other potential approaches. Attachment C includes
alternative language for the definition of assault weapon.
In 2013, the Colorado State legislature enacted a ban on magazines capable of holding
more than 15 rounds of ammunition. C.R.S. § 18-12-301(2)(a). The law includes a
provision exempting magazines owned prior to July 1, 2013. This presents challenges to
enforcement. Staff recommends a city ban without limitation applicable to magazines
capable of holding more than 10 rounds. This language is included in the proposed
ordinance in attachment A.
Multi-burst trigger activators, one type of which is a “bump stock” are devices that
increase the rate of fire of a weapon either by allowing the weapon to fire two or more
rounds in a burst or that otherwise increase the rate of fire for a weapon. Staff
recommends banning multi-burst trigger activators. The state legislature recently
considered Senate Bill 51, which would have banned such devices. The bill failed to
advance out of the Senate State, Veterans and Military Affairs Committee. Staff has
included such a ban in the proposed ordinance in attachment A.
Council has at least three options with respect to a ban: 1) a ban on sales only; 2) a ban on
sales and possession or 3) a ban on sales and possession with grandfathering provisions.
Staff recommends a ban on sales and possession with grandfathering provisions. A ban
with grandfathering provisions can only be effectively enforced if there is a registration
Exemption
Staff recommends that council consider exemptions from the ban. Staff recommends
four exemptions: 1) for weapons owned by law enforcement, federal officers and military
personnel; 2) for weapons owned by holders of federal firearms licenses, stamps or
permits; 3) for weapons owned by competitive shooters; 4) for inoperative weapons that
have historical value. This recommendation is based on the belief that individuals
owning weapons in these categories do not present the same risks as the general
population. Holders of federal firearms licenses, stamps and permits undergo an
extensive background check that can take up to six months. Under federal law, they can
own a variety of weapons. Inclusion of this provision may avoid questions of federal
preemption as well. Boulder is home to several successful competitive shooters who
have competed on the national level. The Boulder Rifle Club has a junior shooting
program and is home to several competitive shooters. While the club itself is not in the
city limits, many members live in Boulder. Thus, staff recommends excluding
competitive shooters from the ban, provided the weapons are registered with the Boulder
Police Department.
ATTACHMENTS
1 ORDINANCE 8245
14 C. Boulder is home to the main campus of the University of Colorado and the campus
15 of Naropa University. In addition, Boulder is home to several elementary, middle and high
16 schools. The presence of a large number of students in the city of Boulder creates a higher than
19 COLORADO:
20 Section 1. Section 5-1-1, “Definitions,” B.R.C. 1981, is amended to delete the definition
21
of “Illegal weapon.”
22
…
23 Illegal weapon means a blackjack, gas gun, metallic knuckles, gravity knife or switchblade
knife.
24 …
25
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Attachment A - Proposed Ordinance
2 5-8-2. – Definitions.
3 The following terms used in this chapter have the following meanings unless the context clearly
requires otherwise:
4
About the person means sufficiently close to the person to be readily accessible for immediate
5 use.
6
Assault weapon means:
7
(a) Aall semi-automatic firearms rifles that have the capacity to accept a detachable
8 magazine and that have with any of the following characteristics:
(1a) A pistol grip or thumbhole stockll semiautomatic action rifles with a detachable
9 magazine with a capacity of twenty-one or more rounds.
10 (2b) All semiautomatic shotguns with a folding or telescoping stock or a magazine
capacity of more than six rounds or both.
11
(3c) Any protruding grip or other device to allow the weapon to be stabilized with
12 the non-trigger hand.All semiautomatic pistols that are modifications of rifles
having the same make, caliber, and action design but a short barrel or
13 modifications of automatic weapons originally designed to accept magazines
with a capacity of twenty-one or more rounds.
14 (b) All semi-automatic center-fire pistols that have any of the following characteristics:
15 (1) Have the capacity to accept a magazine other than in the pistol grip; or
(2) Have a protruding grip or other device to allow the weapon to be stabilized with
16
the non-trigger hand.
17 (cd) Any firearm which has been modified to be operable as an assault weapon as defined
herein.
18
(de) Any part or combination of parts designed or intended to convert a firearm into an
19 assault weapon, including a detachable magazine with a capacity of twenty-one or
more rounds, or any combination of parts from which an assault weapon may be
20 readily assembled if those parts are in the possession or under the control of the same
person.
21
Competitive Shooter means a person who actively competes in competitive shooting events
22 as evidenced by membership in a group organized for the purpose of conducting or competing in
such event.
23
Constructive knowledge means knowledge of facts or circumstances sufficient to cause a
24 reasonable person to be aware of the fact in question.
25
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Attachment A - Proposed Ordinance
11 (a) A device that attaches to a firearm to allow the firearm to discharge two or more shots
in a burst when the device is activated; or
12
(b) A manual or power-driven trigger-activating device that, when attached to a firearm
13 increases the rate of fire of that firearm.
14 Provide means to give, lend, sell, or otherwise place in an unsecured location where a minor
or other unauthorized or incompetent person could foreseeably gain access to a firearm.
15
Semi-automatic means a firearm that fires a single round for each pull of the trigger and
16 automatically chambers a new round immediately after a round is fired.
17
Section 3. Section 5-8-10, “Possession of Illegal Weapons,” B.R.C. 1981, is amended to
18
read as follows:
19
5-8-10. – Possession and Sale of Illegal Weapons.
20
(a) No person shall knowingly possess or sell or otherwise transfer an illegal weapon.
21
(b) The defendant's knowledge that the weapon was illegal is not an aspect of knowledge
22 required for violation of this section.
(c) Nothing in this section shall be construed to forbid any person:
23
(1) Holding a Federal Firearms License issued by the United States Government
24 from possession of any firearm authorized pursuant to such license;
(2) From possessing a weapon for which the United States Government has issued
25
a stamp or permit pursuant to the National Firearms Act;
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Attachment A - Proposed Ordinance
3 (4) From possessing a handgun magazine so long as the possession of the handgun
and magazine are in compliance with state law; or
4 (5) Selling an illegal weapon to a person identified in Section 5-8-25, “Exemptions
from this Chapter,” B.R.C. 1981.
5
(d) Nothing in this section shall be deemed to apply to any firearm that has been modified
6 either to render it permanently inoperable or to permanently make it not an assault
weapon.
7 (e) Nothing in this section shall be deemed to restrict a person's ability to travel with a
weapon in a private automobile or other private means of conveyance for hunting or
8
for lawful protection of a person's or another's person or property while traveling into,
9 though, or within, the City of Boulder, regardless of the number of times the person
stops in the City of Boulder.
10
Section 4. Section 5-8-22, “Defenses,” B.R.C. 1981, is amended to read as follows:
11
5-8-22. – Defenses.
12
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Attachment A - Proposed Ordinance
25
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Attachment A - Proposed Ordinance
1 Section 6. A new Section 5-8-28, “Assault Weapons,” B.R.C. 1981, is added to read as
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Attachment A - Proposed Ordinance
1 owner reported the theft of the firearm to law enforcement within 48 hours of the time
the discovery was made or should have been made.
2
(e) Registered assault weapons may not be purchased, sold or transferred in the City of
3 Boulder, except for transfer to a licensed gunsmith for the purpose of lawful repair, or
transfer to the appropriate law enforcement agency for the purpose of surrendering the
4 assault weapon for destruction.
(f) Persons acquiring an assault weapon by inheritance, bequest, or succession shall,
5 within 90 days of acquiring title, do one of the following:
6 (1) Modify the assault weapon to render it permanently inoperable;
(2) Surrender the assault weapon to the Boulder Police Department for destruction;
7
(3) Transfer the assault weapon to a firearms dealer who is properly licensed under
8 federal, state and local laws; or
9 (4) Permanently remove the assault weapon from the City of Boulder.
(g) The registered owner of an assault weapon may not possess in the City of Boulder any
10 assault weapons purchased after April 1, 2018.
11 (h) The city manager shall charge a fee for each registration sufficient to cover the costs of
administering the registration program.
12 (i) The information required for the registration and permitting of assault weapons shall
be treated as confidential and shall not be made available to members of the general
13 public. The council finds that the release of such information would constitute an
unwarranted invasion of personal privacy and could endanger the life or safety of
14
persons at the premises where an assault weapon is located. The information on a
15 permit application shall be used by the city only for law enforcement purposes.
16 Section 7. This ordinance is necessary to protect the public health, safety, and welfare of
17 the residents of the city, and covers matters of local concern.
18
Section 8. The city council deems it appropriate that this ordinance be published by title
19
only and orders that copies of this ordinance be made available in the office of the city clerk for
20
public inspection and acquisition.
21
22
23
24
25
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Attachment A - Proposed Ordinance
4
Suzanne Jones
5 Mayor
6
Attest:
7
8
Lynnette Beck
9 City Clerk
10
READ ON SECOND READING AND ADOPTED this 1st day of May, 2018.
11
12
13
Suzanne Jones
14 Mayor
15 Attest:
16
17 Lynnette Beck
City Clerk
18
19
20
21
22
23
24
25
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
California
As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated
semiautomatic firearms:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30510. Assault weapon defined; series defined, CA PENAL § 30510
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30510. Assault weapon defined; series defined, CA PENAL § 30510
(1) UZI.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section
3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of
the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5,
as it read in Section 3 of Chapter 954 of the Statutes of 1991.
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30510. Assault weapon defined; series defined, CA PENAL § 30510
(e) This section is declaratory of existing law and a clarification of the law and the Legislature's intent which bans the
weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to
former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are
only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined
assault weapons as the types, series, and models listed in this section because it was the most effective way to identify
and restrict a specific class of semiautomatic weapons.
(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those
models listed in subdivision (a), regardless of the manufacturer.
Credits
(Added by Stats.2010, c. 711 (S.B.1080), § 6, operative Jan. 1, 2012.)
Editors' Notes
2010 Addition
Subdivisions (a)-(d) and the introductory clause of Section 30510 continue former Section 12276(a)-(d) and its
introductory clause without substantive change. See also former Sections 12001(n)(11), 12072(f)(1)(A), 12282, and
12601(b)(12), which cross-referred to the definition in former Section 12276.
Subdivisions (d) and (e) refer to former Section 12276.5, which (1) prescribed a procedure by which a court could classify
a weapon as an assault weapon, and, as amended in 1991, (2) directed the Attorney General to promulgate a list of the
weapons classified as assault weapons by statute or by a court. See 1991 Cal. Stat. ch. 954, § 3; 1990 Cal. Stat. ch. 874, §
1; 1989 Cal. Stat. ch. 19, § 3. Those procedures were discontinued as of January 1, 2007. See 2006 Cal. Stat. ch. 793, § 1.
As so amended, former Section 12276.5 is continued in Section 30520 (duties of Attorney General).
See Section 30515 (further clarification of “assault weapon”). [38 Cal.L.Rev.Comm. Reports 217 (2009)].
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30515. Assault weapon further defined, CA PENAL § 30515
(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30515. Assault weapon further defined, CA PENAL § 30515
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon
without burning the bearer's hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently
attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols
that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by
the International Olympic Committee and by USA Shooting, the national governing body for international shooting
competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and
that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in
subdivision (d).
(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision
(c):
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30515. Assault weapon further defined, CA PENAL § 30515
(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c)
to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon”
pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on
recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or
may be based on the recommendation or rules of any other organization that the department deems relevant.
Credits
(Added by Stats.2010, c. 711 (S.B.1080), § 6, operative Jan. 1, 2012. Amended by Stats.2016, c. 40 (A.B.1135), § 1, eff.
Jan. 1, 2017; Stats.2016, c. 48 (S.B.880), § 1, eff. Jan. 1, 2017.)
Editors' Notes
2010 Addition
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 30515. Assault weapon further defined, CA PENAL § 30515
Section 30515 continues former Section 12276.1(a)-(c) without substantive change. See also former Sections 12001(n)
(11), 12072(f)(1)(A), 12282, and 12601(b)(12), which cross-referred to the definitional material in former Section 12276.1.
See Sections 16170 (“antique firearm”), 16350 (“capacity to accept more than 10 rounds”), 16890 (“magazine”), 30510
(“assault weapon”). [38 Cal.L.Rev.Comm. Reports 217 (2009)].
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
Connecticut
C.G.S.A. § 53-202a
(A) (i) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any
of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP
Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta
AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of
Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45;
Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900
and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long
Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine
type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only;
Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59,
SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns;
USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson “Linda” Pistol;
(ii) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in
subparagraph (A)(i) of this subdivision, or any combination of parts from which an assault weapon, as defined in
subparagraph (A)(i) of this subdivision, may be rapidly assembled if those parts are in the possession or under the control
of the same person;
(B) Any of the following specified semiautomatic centerfire rifles, or copies or duplicates thereof with the capability of
any such rifles, that were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii) AKM; (iv) AKS-74U; (v)
ARM; (vi) MAADI AK47; (vii) MAK90; (viii) MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi)
Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; (xv) WASR-10; (xvi) WUM; (xvii) Rock River
Arms LAR-47; (xviii) Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 15, Bushmaster XM15,
Bushmaster ACR Rifles, Bushmaster MOE Rifles; (xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic
Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; (xxv) DPMS Tactical Rifles; (xxvi) Smith and
Wesson M&P15 Rifles; (xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) Barrett REC7; (xxx)
Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-
Point Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, and RFB; (xxxv) Remington Tactical
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 53-202a. Assault weapons: Definitions, CT ST § 53-202a
Rifle Model 7615; (xxxvi) SAR-8, SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW M230
and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; (xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique
Nationale/FN 308 Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; (xlvi) SIG Sauer 551-A1, 556,
516, 716 and M400 Rifles; (xlvii) Valmet M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and (xlix)
Barrett M107A1;
(C) Any of the following specified semiautomatic pistols, or copies or duplicates thereof with the capability of any such
pistols, that were in production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco AK-47; (iii) HCR AK-47; (iv)
IO Inc. Hellpup AK-47; (v) Mini-Draco AK-47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster
Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) Olympic Arms AR-15; (xii) Rock River Arms
LAR 15; (xiii) Calico Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols and Velocity Arms VMA
Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms
Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and
P556 Pistols; and (xxii) Thompson TA5 Pistols;
(D) Any of the following semiautomatic shotguns, or copies or duplicates thereof with the capability of any such
shotguns, that were in production prior to or on April 4, 2013: All IZHMASH Saiga 12 Shotguns;
(E) Any semiautomatic firearm regardless of whether such firearm is listed in subparagraphs (A) to (D), inclusive, of this
subdivision, and regardless of the date such firearm was produced, that meets the following criteria:
(i) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has at least one of the
following:
(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow
an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly
below any portion of the action of the weapon when firing;
(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the ability to accept more than ten rounds; or
(iii) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; or
(iv) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following:
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 53-202a. Assault weapons: Definitions, CT ST § 53-202a
(I) An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip;
(II) A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer;
(III) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the
firearm without being burned, except a slide that encloses the barrel; or
(v) A semiautomatic pistol with a fixed magazine that has the ability to accept more than ten rounds; or
(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow
an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly
below any portion of the action of the weapon when firing; or
(vii) A semiautomatic shotgun that has the ability to accept a detachable magazine; or
(ix) Any semiautomatic firearm that meets the criteria set forth in subdivision (3) or (4) of subsection (a) of section
53-202a of the general statutes, revision of 1958, revised to January 1, 2013; or
(F) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in any
provision of subparagraphs (B) to (E), inclusive, of this subdivision, or any combination of parts from which an assault
weapon, as defined in any provision of subparagraphs (B) to (E), inclusive, of this subdivision, may be assembled if those
parts are in the possession or under the control of the same person;
(2) “Assault weapon” does not include (A) any firearm modified to render it permanently inoperable, or (B) a part or
any combination of parts of an assault weapon, that are not assembled as an assault weapon, when in the possession of
a licensed gun dealer, as defined in subsection (f) of section 53-202f, or a gunsmith who is in the licensed gun dealer's
employ, for the purposes of servicing or repairing lawfully possessed assault weapons under sections 53-202a to 53-202k,
inclusive;
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
§ 53-202a. Assault weapons: Definitions, CT ST § 53-202a
(3) “Action of the weapon” means the part of the firearm that loads, fires and ejects a cartridge, which part includes, but
is not limited to, the upper and lower receiver, charging handle, forward assist, magazine release and shell deflector;
(4) “Detachable magazine” means an ammunition feeding device that can be removed without disassembling the firearm
action;
(6) “Forward pistol grip” means any feature capable of functioning as a grip that can be held by the nontrigger hand;
(7) “Lawfully possesses” means, with respect to an assault weapon described in any provision of subparagraphs (B) to
(F), inclusive, of this subdivision, (A) actual possession that is lawful under sections 53-202b to 53-202k, (B) constructive
possession pursuant to a lawful purchase transacted prior to or on April 4, 2013, regardless of whether the assault weapon
was delivered to the purchaser prior to or on April 4, 2013, which lawful purchase is evidenced by a writing sufficient
to indicate that (i) a contract for sale was made between the parties prior to or on April 4, 2013, for the purchase of
the assault weapon, or (ii) full or partial payment for the assault weapon was made by the purchaser to the seller of
the assault weapon prior to or on April 4, 2013, or (C) actual possession under subparagraph (A) of this subdivision,
or constructive possession under subparagraph (B) of this subdivision, as evidenced by a written statement made under
penalty of false statement on such form as the Commissioner of Emergency Services and Public Protection prescribes;
(8) “Pistol grip” means a grip or similar feature that can function as a grip for the trigger hand; and
(9) “Second hand grip” means a grip or similar feature that can function as a grip that is additional to the trigger hand
grip.
Credits
(1993, P.A. 93-306, § 1; 2001, P.A. 01-130, § 1; 2013, P.A. 13-3, § 25, eff. April 4, 2013; 2013, P.A. 13-220, §§ 3, 4, 21,
eff. June 18, 2013.)
Editors' Notes
VALIDITY
<For validity of this section, see New York State Rifle & Pistol Ass’n, Inc. v. Cuomo, 2015, 804 F.3d 242.>
C. G. S. A. § 53-202a, CT ST § 53-202a
The statutes and Constitution are current through the 2018 Supplement to the General Statutes of Connecticut, Revision
of 1958.
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Attachment B - California, Connecticut, Denver and Vail assault weapon laws
Denver
Denver
(a) Legislative intent. The city council hereby finds and declares that the use of assault weapons poses
a threat to the health, safety and security of all citizens of the City and County of Denver. Further, the
council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to
fire an inordinately large number of rounds without reloading and are designed primarily for military
or antipersonnel use. The city council finds that law enforcement agencies report increased use of
assault weapons for criminal activities. This has resulted in a record number of related homicides
and injuries to citizens and law enforcement officers. It is, therefore, the intent of the city council to
place reasonable and necessary restrictions on the sale and possession of assault weapons while
placing no restrictions on the right of citizens to use weapons which are primarily designed and
intended for hunting, target practice and other legitimate sports or recreational activities and the
protection of home, person and property.
(b) Definitions. The following words and phrases, when used in this section, shall have these meanings
respectively ascribed to them:
(1) Assault weapon shall include all firearms with any of the following characteristics:
a. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of
more than fifteen (15) rounds.
b. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6)
rounds or both.
c. Reserved.
d. Any firearm which has been modified to be operable as an assault weapon as defined
herein.
e. Any part or combination of parts designed or intended to convert a firearm into an assault
weapon, including a detachable magazine with a capacity of more than fifteen (15) rounds,
or any combination of parts from which an assault weapon may be readily assembled if
those parts are in the possession or under the control of the same person.
(2) Bump stock shall mean any device for a pistol, rifle, or shotgun that increases the rate of fire
achievable with such weapon by using energy from the recoil of the weapon to generate a
reciprocating action that facilitates repeated activation of the trigger.
(3) Fixed cartridge shall mean that self-contained unit consisting of the case, primer, propellant
charge and projectile or projectiles.
(4) Magazine shall mean a box, drum or other container which holds and feeds ammunition into a
semiautomatic rifle, shotgun or pistol.
(5) Pistol shall mean a weapon originally designed, made and intended to fire a projectile (bullet)
from one (1) or more barrels when held in one (1) hand and having:
a. A chamber as an integral part of or permanently aligned with the bore or having a breech-
loading chambered cylinder so arranged that the cocking of the hammer or movement of
the trigger rotates it and brings the next cartridge in line with the barrel for firing; and
b. A short stock designed to be gripped by one (1) hand and at an angle to and extending
below the line of the bore(s).
(6) Rifle shall mean a weapon designed or redesigned, made or remade and intended to be fired
from the shoulder or hip and designed or redesigned or made or remade to use the energy of
the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each
single pull of the trigger and shall include any such weapon which may be readily restored to fire
a fixed cartridge.
(7) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the
trigger which automatically chambers the next round for firing and which employs a magazine.
(8) Shotgun shall mean a weapon designed or redesigned, made or remade and intended to be
fired from the shoulder or hip and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of
projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such
weapon which may be readily restored to fire a fixed shotgun shell.
(c) Specific weapons not included. As used in this section, assault weapon does not include any of the
following:
(1) All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898,
all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons,
all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all
semiautomatic weapons for which there is no fixed magazine with capacity of more than fifteen
(15) rounds available, all semiautomatic weapons that use exclusively en bloc clips, all
semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a
tubular magazine.
(2) Any firearm that uses .22 caliber rimfire ammunition.
(3) Any assault weapon which has been modified either to render it permanently inoperable or to
permanently make it a device no longer defined as an assault weapon.
(d) Supplemental provisions. Except as specifically stated herein, the provisions of this section are
independent of and supplemental to any other provisions of law, and nothing shall prevent a device
defined as an assault weapon in this section from also being regulated under other provisions of law.
(e) Possession of assault weapons unlawful. It shall be unlawful to carry, store, keep, manufacture, sell
or otherwise possess within the City and County of Denver a weapon or weapons defined herein as
assault weapons, except that this subdivision shall not apply to:
(1) Any federal, state or local government agency or to any sworn members of said agencies
acting within their official capacities.
(2) Any assault weapon which is being used as a movie prop for any motion picture or television
program which is being filmed in whole or in part within the City and County of Denver if, prior to
such use, the police department is notified in advance in writing of the date, time, location,
production schedule and days upon which such use shall take place and the type and serial
numbers of the firearms.
(3) It shall be an affirmative defense to charges brought under this section that the transportation
of an assault weapon:
(a) Is through the city by a nonresident who is in legal possession of an assault weapon; or
(b) Is by a person carrying a permit issued under subsection (f) and the transportation is for
one (1) of the following purposes:
i. In aid of the civil power when thereto legally summoned;
ii. To a bona fide hunting trip for wild game, or to a legitimate sporting use of such
weapon, including shooting matches or target trap or skeet shooting. All weapons
carried for such purposes shall be unloaded;
iii. While transporting such weapon to or from a place for sale outside the city or for
repair. All weapons carried for such purposes shall be unloaded at all times;
iv. As a member of the armed forces of a state or of the federal government while
engaged in the lawful performance of duty;
v. In conjunction with moving personal property, including such weapon, from an old
residence to a new residence. All weapons carried for such purposes shall be
unloaded at all times.
(f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assault
weapon legally prior to the effective date of this section may obtain a permit to keep, store and
possess said assault weapon if:
(1) Said weapon is properly identifiable and contains its original serial number.
(2) An application for a permit for each assault weapon is filed with the police department within
sixty (60) days of the effective date of this section pursuant to such procedures as the
department may establish. The application shall contain a description of the firearm that
identifies it uniquely, including all identification marks and numbers, the full name, address, date
of birth and fingerprints of the owner and the address where such assault weapon will be stored
and such other information as the department may deem appropriate. The place of storage and
possession shall not be changed without notification to the department of the proposed change
in location and when said weapon will be transported. The department may charge a fee for
registration not to exceed the actual processing costs of the department.
(3) The department shall issue a permit which shall identify the weapon and where it is to be
stored.
(4) The information required for the registration and permitting of assault weapons shall be treated
as confidential and shall not be made available to members of the general public. The council
finds that the release of such information would constitute an unwarranted invasion of personal
privacy and could endanger the life or safety of persons at the premises where an assault
weapon is located. The information on a permit application shall be used by the city only for law
enforcement purposes.
(g) Sale or transfer unlawful. It is unlawful to sell or transfer possession of an assault weapon
possessed pursuant to subsection (f) within the City and County of Denver.
(h) Reserved.
(i) Specific magazine prohibited. It shall be unlawful to carry, store or otherwise possess a magazine
which will hold or may be modified to hold more than fifteen (15) rounds, except that this subsection
shall not apply to:
(1) Any federal, state or local government agency or to any sworn members of said agencies
acting within their official capacities.
(2) Any magazine which is being used as a movie prop for any motion picture or television
program which is being filmed in whole or in part within the City and County of Denver if, prior to
such use, the police department is notified in advance in writing of the date, time, location,
production schedule and days upon which such use shall take place and the type and serial
numbers of the firearms.
(3) It shall be an affirmative defense to charges brought under this section that the transportation
of a magazine:
(a) Is through the city by a nonresident who is in legal possession of the magazine; or
(b) Is by a person carrying a permit issued under subsection (f) and the transportation is for
one (1) of the following purposes:
i. In aid of the civil power when thereto legally summoned;
ii. To a bona fide hunting trip for wild game, or to a legitimate sporting use of such
magazine, including shooting matches or target trap or skeet shooting;
iii. While transporting such magazine to or from a place for sale outside the city;
iv. As a member of the armed forces of a state or of the federal government while
engaged in the lawful performance of duty;
v. In conjunction with moving personal property, including such magazine, from an old
residence to a new residence.
(j) Bump stock prohibited. It shall be unlawful to sell, carry, store, or otherwise possess a bump stock.
(k) Penalty. Any person, firm or corporation who is convicted of violating any provision of this section
shall be punished by a fine of not less than one hundred dollars ($100.00) or more than nine
hundred ninety-nine dollars ($999.00) and a term of incarceration of not less than ten (10) days nor
more than one hundred eighty (180) days.
(l) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall
be confiscated and destroyed under section 38-120, disposition of confiscated weapons.
(Ord. No. 669-89, § 1, 11-6-89; Ord. No. 719-89, § 1, 11-27-89; Ord. No. 1058-96, § 2, 12-9-96;
Ord. No. 38-07, § 6, 1-22-07; Ord. No. 1400-17, §§ 1—3, 1-22-18)
Vail
r ORDINANGE NO. 15
SERIES OF X994
WHEREAS, Town Council #inds and declares that the use of assault weapons poses a
threat to the health, safety, and security of all citizens of the Town of Vail; and
WHEREAS, Town Council finds that assault weapons are capable both of a rapid rate of
fire as well as of a capacity to fire an inordinately large number of rounds without reloading; and
WHEREAS, assault weapons are designed primarily for military oranti-personnel use;and
WHEREAS, Town Council finds that law enforcement agencies nation wide report
increased use of assault weapons from criminal activities that have resulted in a record number
of related homicides and injuries to citizens and law enforcement officers; and
WHEREAS, Town Council believes it is in the Town of Vail's best interest to be proactive
leader in the restriction and of assault weapons and thereby set the tone for local
and a regulation
Section 1
a} Legislative Inten#. The Town Council hereby ordains to place reasonable and
necessary restrictions on the sale and possession of assault weapons in the Town of Vail while
restrictions the of citizens to use weapons which are primarily designed and
placing na on right
Definitions. The following words and phrases, when used in this section, shall
b)
the following features: A shorter length than recreational firearms; a folding stock; a modification
of an automatic firearm originally designed for military use; a greater rate of fire or #
iring capacity
1
Ordinance No. 15, Series of 1994
as defined herein.
into an assault weapon, including a detachable magazine with a capacity of twenty-one (21 } or
more reunds, or any combination of parts from which an assault weapon may be readily
assembled if those parts are in the possession or under the control of the same person.
3} Maaazine shall mean a box, drum or other container which holds and feeds
4} Pistol shall mean a weapon originally designed, made and intended to fire a
projectile (bullet)from one (1 } or more barrels when held in one { 1}hand and having:
having abreech-loading chambered cylinder so arranged that the caclcing of the hammer or
movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing;
and
5) Rifle shall mean a weapon designed or redesigned, made or remade and intended
to be fired from the shoulder or hip and designed or redesigned or made or remade to use the
each single pull of the trigger and shall include any such weapon which may be readily restored
6) Semiautomatic shall mean a weapon which fires a single projectile for each single
pull of the trigger which automatically chambers the next round for firing and which employs a
magazine.
intendea to ee tired trom the shoulder or hip and designed or redesigned and made or remade
to use the energy of the explosive in a fixed shotgun shep to fire through a smooth bore either
a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall
include any such weapon which may be readily restored to fire a fixed shotgun shell.
2
Ordinance No. 15, Series of 1994
Y
i
c) Soecific weapons not included. As used in this section, assault weapon does
1) Ali weapons that do not used fixed cartridges, all weapons that were
all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-
cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with a capacity
of twenty-one 2
( 1)or more rounds available, all semiautomatic weapons that use exclusively en
weapon.
of this section are of and supplemental to any other provisions of law, and
provisions independent
nothing shall prevent a device defined as an assault weapon in this section from also being
regulated under o#
her provision of law.
keep, manufacture, sell or otherwise possess within the Town of Vail a weapon or weapons
defined herein as assault weapons, except that this subdivision shall not apply to:
2) Any assault weapon which is being used as a movie prop for any
motion picture or television program which is being filmed in whole or in part within the Town of
Vai! if, prior to such use, the is notified in advance in writing of the date, time,
police department
location, production schedule and days upon which such use shall take place and the type and
nonresident who is in legal possession of an assault weapon or a person carrying a permit issued
who obtained an assault weapon legally prior to the effective date of this section may obtain a
3
Ordinance No, 35, 58rioF al 3994
number.
2) An application for a permit for each assault weapon is filed with the
o such
section pursuant #
police department within sixty {60)days of the effective date of this
fuN name,
firearm that identifies it uniquely, including all identification marks and numbers, the
address, date of birth and fingerprints of the owner and the address where such assault weapon
will be stored and such other information as the department may deem appropriate. The place
of storage and possession shall not be changed without notification to the department of the
in location and when said weapon will be transported. The department may
proposed change
fee for registration not to exceed the actual processing casts of the department.
charge a
3) The department shall issue a permit which shall identify the weapon
weapons shall be treated as confidential and shall not be made available to members of the
general public. The Council finds that release of such information would constitute an
unwarranted invasion of personal privacy and could endanger the life or safety of person at the
premises where an assault weapon is located. The information on a permit application shall be
assault weapon possessed pursuant to subsection (#} within the Town of Vail.
otherwise possess within the Town of Vail any of the following weapons which are hereby
declared to be assaul#weapons except as provided in and subject to all the provisions of this
section:
4
Ordinance Nc. 15, Seriea of 1994
not limited to, a folding or retractable stock; adjustable sight; case deflector for left-
handed
any firearm which has been manufactured or sold by another company under a licensing
subdivision ( 1 ), (2},
3)(
or those described in subdivision {
4)regardless of the company of
otherwise possess a magazine which will hold or may be modified to hold twenty-one (21)or
more rounds.
provision of this section shall be punished by a fine of nat less than one hundred ($
100.00)ar
more than nine hundred ninety-nine dollars ($
999.00)and a term of incarceration of not less than
5
Ordinance No. 15, Sarios of 1994
Section 2
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3
The Town Council hereby finds,determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 4
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision •hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repeater shall not be construed to revise
FIRST READING this 6th day of September, 1994, and a public hearing shall be held on this
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Merv Lapin, Mayor Pro-Tem
ATTEST:
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Holly L. MCCutcheon, Town Clerk
6
0. 15, Series of 1990.
Ordinance 3~
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Men/ Lapin, Mayor Pro-
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50RD94.
7
Ordinance No. 15, Sarias of 1994
In Section 5-8-2, “Definitions,” B.R.C. 1981, replace the definition of assault weapon with the
following:
Assault Weapon means all firearms with any of the following characteristics:
(a) Semi-automatic rifle that has the capacity to accept a detachable magazine.
(b) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine,
that has the capacity to accept more than 10 rounds of ammunition.
(c) Semi-automatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
(1) Any feature capable of functioning as a protruding grip that can be held by the
non-trigger hand.
(2) A folding, telescoping or thumbhole stock.
(3) A shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the non-trigger hand without being
burned, but excluding a slide that encloses the barrel.
(4) The capacity to accept a detachable magazine at any location outside of the pistol
grip.
(d) Semi-automatic shotgun that has one or more of the following:
(1) A pistol grip or thumbhole stock.
(2) Any feature capable of functioning as a protruding grip that can be held by the
non-trigger hand.
(3) A folding or telescoping stock.
(4) A fixed magazine capacity in excess of 5 rounds.
(5) An ability to accept a detachable magazine.