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HomeMy WebLinkAbout1994-15 Restricting the Sale or Possession of Assault Weaponsr` ~' v • r i~J ORDINANGE NO. 15 SERIES OF X994 AN OR©INANCE RESTRICTING THE SALE OR POSSESSION OF ASSAULT WEAPONS. 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 and a leader in the restriction and regulation of assault weapons and thereby set the tone for local governments to enact such regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 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 placing na restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice, and other legi#imate sports and 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. The general characteristics of an assault weapon may include 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 than reasonably necessary for legitimate sports, recreational or protection activities and shall mciuae ail tirearms with any of the following characteristics: a} All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one {21} or more rounds. b) All semiautomatic shotguns with a folding stock or a magazine capacity of more than six {6) rounds or both. 1 Ordinance No. 15, Series of 1994 ~` ~ :~~ ~'~ c} Any firearm which has been modified to be operable as an assault weapon ; as defined herein. d} 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 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. f} Any weapon listed in subsection (h). 2) Fixed cartridae shall mean that self-contained unit consisting of the case, primer, propellant charge and projectile ar projectiles. 3} Maaazine shall mean a box, drum or other container which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol 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: a} A chamber as an integral part of or permanently aligned with the bore or 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 b) A short stock designed to be gripped by one {1) hand and at an angle to and extending below the line of the bores}. 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 energy of the explosive in a #ixed 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. 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. 7) 5hotaun shall mean a weapon designed or redesigned, made or remade and 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 !~ ~ Y i c) Soecific weapons not included. As used in this section, assault weapon does not include any of the following: 1) Ali weapons that do not used fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-ac#ion 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 a capacity of twenty-one (21) or more 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 defiined 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 o#her provision of law. e) Possession of assault weapons unlawful, It shalt be unlawful to carry, store, 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: 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 Town of Vai! 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) The transportation of any assault weapon through the Town by a nonresident who is in legal possession of an assault weapon or a person carrying a permit issued under subsection (f). f) Conditional exception. Any person aver 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: 3 Ordinance No, 35, 58rioF al 3994 `'+ 1 } Said weapon is properly identifiable and contains its original serial ~ 1 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 #o 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 fuN 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 casts 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 #or 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 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 used by the Town only for law enforcement purposes. g) Sale or transfer unlawful. It is unlawful to self or transfer possession of an assault weapon possessed pursuant to subsection (#} within the Town of Vail. h) Specific prohibited assault weapons. It is unlawful to carry, store or 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: 1 } All of the following specified rifles are prohibited: Kalashnikovs {all models}. a} Norinco, Mitchell and Poiy Technologies Automat b} Action Arms Israeli Military Industries UZI and Galil. c} Beretta AR-70 {SC-70}. d} CETME G3. e} Colt AR-15 and CAR-15. f} Daewoo K-1, K-2, Max 1 and Max 2. g} Fabrique Nationale (F'NIFAL, FNILAR and FNC}. h) FAMAS MA5223. i} Heckler & Koch HK-91, H-93, HK-94 and PSG-1. j) MAC 14 and MAC 11. k} SKS with detachable magazine. !) SIG AMT, SIG 504 Series and SIG PE-57. 4 Ordinance Nc. 15, Seriea of 1994 ~'~~ ' ` ~~ . ~ m) n) o) P) q} r) s) t} u) v} w} # ~ Springfield Armory BM59 and SAR-4i3. Sterling MK-6 and SAR. Steyr AUG. Valmet M62, M71 S and M78. Armalite AR-180 Carbine. Bushmaster Assault Rifle (armgun}. Calico M-900 Assault Carbine. Mandall THE TAC-1 Carbine. Plainfield Machine Company Carbine. PJK M-68 Carbine. Weaver Arm Nighthawk. 2} All of the following specified pistols are prohibited: a) Action Arms UZI. b) Encom MP-9 and MP-45. c) MAC 10 and MAC 11. d) INTRATEC TEC-9. e) Mitchell Arms Spectre Auto. f) Sterling MK-7. g} Calico M-900. 3) All of the following specified shotguns are prohibited: a) Franchi SPAS i2 and LAW 12. b) Gilbert Equipment Company Striker i2. c) Encom CM-55. 4) Other models by the same manufacturer that are identical to firearms listed in subdivisions (1), (2} or (3) except for slight modifications ar enhancements, including, but not limited to, a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic or-metal stock; larger clip size; different caliber provided the caliber exceeds .22 rimfire; or bayonet mount. 5) Firearms which have been redesigned from, renamed, renumbered or patterned after one of the listed firearms in subdivisions (1), {2), (3) or those described in subdivision (4) regardless of the company of production or distribution or the country of origin or any firearm which has been manufactured or sold by another company under a licensing agreement to manufacture ar sell the iden#ical or nearly identical firearms as those listed in subdivision (1 ), (2}, (3) or those described in subdivision {4) regardless of the company of production or distribution or the country of origin. 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 twenty-one (21) or more rounds. j) Penalty. Any person, firm or corporation who is convicted of violating any 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 ten (10) days nor more than one hundred eighty {180} days. 5 Ordinance No. 15, Sarios of 1994 . • ~ ~ ~ ~ ~ ~' ~ ~,w ~ k} Violation; disocsition. Upon a conviction of violating any provision of this ~ section, the weapon shall be confiscated and destroyed under section 9.56.100 of the Municipal Cade of the Town of Vail. 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 any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 1994, and a public hearing shall be held on this Ordinance on the 20th day of September, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. i~ Merv Lapin, Mayor Pro-Tem ATTEST: ~' ~~: i }~}~- ~ ~ C~ ~,c_~~.Cc~.~c_ Holly L. MCCutcheon, Town Clerk 6 Ordinance 3~0. 15, Series of 1990. M !, ~~ ~ ~ f ~. y r READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 20th day of September, 1994. ~1l~ti7 ~`~l'~ Men/ Lapin, Mayor Pro-Tem ATTEST: i Holly'L. McCutcheon, Town Clerk C:50RD94.15 7 Ordinance No. 15, Sarias of 1994 • 0 `O m (D ~ ~ ~ ~ ~ ~ ~ ~ m ~ `". (D ~ ~ ~ ~ ~ ~ (D O ~ ^_ CD X ~ n ~. in' C ~ ~ ~ -~ ' ~ ~ --~, ~ ~ -Z a o ~ ~ a n. m ~ ~^ Q o ~ ~ a ~ a (Q ~ ~ ~ O 7 a Q ~ -^ ~ _~ ~ ~ o ~- x O j ~ ~ ~ ~ ~ ~ 7 ~ ~ Q ~ O ~ ~ ~ c~ ~ ~ ~ ~ n ~ '* N ~ m ~ ^. 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