HB 4205 & 4206 of 2023 - Prohibit open carry of an "assault weapon" within 1,000 ft of certain places

[PhotoTom]

HB 4205 of 2023
Crimes: weapons; openly carrying an assault weapon within 1,000 feet of certain places; prohibit.
Last Action: 3/8/2023 bill electronically reproduced 03/08/2023

HB 4206 of 2023
Criminal procedure: sentencing guidelines; sentencing guidelines for openly carrying an assault weapon in certain places; provide for. TIE BAR WITH: HB 4205'23
Last Action: 3/8/2023 bill electronically reproduced 03/08/2023

[PhotoTom]

If this were to pass, there'd be no legal means to take an "assault weapon" into a police station to have the S/N checked. Some people like to do sales transactions at police stations...gotcha!

They're out of control.

[AxlMyk]

Have they defined what an "Assault weapon" is. Surely they mean military style with auto-rapid fire.

[PhotoTom]

Have they defined what an "Assault weapon" is. Surely they mean military style with auto-rapid fire.

Yes, from the bill itself in the above link:

(3) As used in this section:
(a) "Assault weapon" includes all of the following:
(i) Any weapon which has a belt-fed ammunition system.
(ii) A semiautomatic rifle that has the ability to accept a
detachable magazine system and has any of the following:
(A) A folding or telescoping stock.
(B) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with their nontrigger hand without being burned.
(iii) A semiautomatic pistol that has the ability to accept a
detachable magazine and has any of the following:
(A) A folding or telescoping stock.
(B) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with their nontrigger hand without being burned.
(C) The capacity to accept a detachable magazine at a location
outside of the pistol grip.
(D) A detachable shoulder stock, allowing the shooter to fire
the pistol from a shoulder-fired position.
(iv) A semiautomatic shotgun that has all of the following
attributes:
(A) Has a folding or telescoping stock.
(B) Contains its ammunition in a revolving cylinder.
(C) Has an ability to accept a detachable magazine of more
than 5 rounds of ammunition.
(b) "Assault weapon" does not include any of the following
firearms:
(i) A firearm that is manually operated by bolt, pump, lever,
or slide action.
(ii) An unserviceable firearm or one that has been deemed
permanently inoperable.
(iii) An antique firearm as that term is defined in 18 USC
921(a)(16).

[matt11]

Yes, from the bill itself in the above link:

SO, A 10-22 is an salt weapon per this.

[MCPO_SOCM_RET]

why?

(a) "Assault weapon" includes all of the following:
(i) Any weapon which has a belt-fed ammunition system.
(ii) A semiautomatic rifle that has the ability to accept a
detachable magazine system and has any of the following:
(A) A folding or telescoping stock.
(B) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with their nontrigger hand without being burned.

The only thing it meets is semi-auto and detachable magazine.

[Mr. Waverly]

So the key phrase is "includes all of the following," correct? Meaning, the firearm in question needs to meet all of the described criteria?

[Roundballer]

Any not All

[PhotoTom]

First off, MCPO_SOCM_RET is correct. A standard 10/22 would not meet the definition. However, one with a folding stock would. One with just a little more forestock would.


Now, there are more than one "any" and "all" used in the quoted bill since it is trying to define several things (any weapon, rifle, pistol and shotgun)...visually separating the sections of the definitions can be helpful:

(a) "Assault weapon" includes all of the following:

(i) Any weapon which has a belt-fed ammunition system.

(ii) A semiautomatic rifle that has the ability to accept a
detachable magazine system and has any of the following:
(A) A folding or telescoping stock.
(B) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with their nontrigger hand without being burned.

(iii) A semiautomatic pistol that has the ability to accept a
detachable magazine and has any of the following:
(A) A folding or telescoping stock.
(B) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with their nontrigger hand without being burned.
(C) The capacity to accept a detachable magazine at a location
outside of the pistol grip.
(D) A detachable shoulder stock, allowing the shooter to fire
the pistol from a shoulder-fired position.

(iv) A semiautomatic shotgun that has all of the following
attributes:
(A) Has a folding or telescoping stock.
(B) Contains its ammunition in a revolving cylinder.
(C) Has an ability to accept a detachable magazine of more
than 5 rounds of ammunition.

(b) "Assault weapon" does not include any of the following
firearms:
(i) A firearm that is manually operated by bolt, pump, lever,
or slide action.
(ii) An unserviceable firearm or one that has been deemed
permanently inoperable.
(iii) An antique firearm as that term is defined in 18 USC
921(a)(16).

That said, per (a)(i)...better not get caught with one of these! You'd be screwed!