http://www.cs.cmu.edu/afs/cs/usr/wba..._ordinance.txt
A few notes on Denver's assault weapon ordinance. Section 38-130
(b)(1)(c), defining assault pistols, was found to be
unconstitutionally vague by the Colorado supreme court, in
Robertson v. Denver. Additionally they found that the initial
paragraph of 38-130(b)(1) was not language that prohibited or
permitted anything, and is not a definition of an assault
weapon. The specific categories under the initial paragraph are
the definitions. The court otherwise upheld the ordinance as
constitutional under the Colorado Constitution's right to keep and
bear arms clause, Article 2 section 13. They remanded to the
trial court for a decision on whether or not 38-130(h) is
unconstitutionally vague.
__________________________________________________ _________
Cite as Revised Municipal Code (RMC), or Denver Code.
Sec. 38-130. Assault weapons.
(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. 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 orig-
inally designed for military use; a greater rate of
fire or firing capacity than reasonably necessary for
legitimate sports, recreational or protection
activities and shall include all firearms 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.
c. All semiautomatic pistols that are modifications of rifles
having the same make, caliber and action design but a
shorter barrel and no rear stock or modifications of
automatic weapons originally designed to accept magazines
with a capacity of twenty-one (21) or more rounds.
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 twenty-one (21) or
more 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.
f. Any weapon listed in subsection (h).
(2) Fixed cartridge shall mean that self contained unit consisting of
the case, primer, propellant charge and projectile or projectiles.
(3) Magazine 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 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).
(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 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.
(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) 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 slideaction 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 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
defined as an assault weapon.
(d) Supplemental provision. 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) The transportation of any assault weapon through the city by a
nonresident who is in legal possession of an assault weapon or a
person carrying a permit issued under subsection (f) for the
purposes and under the conditions set forth in subsections (b)(2)
through (b)(5), Revised Municipal Code.
(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) Specific prohibited assault weapons. It is unlawful to carry,
store or otherwise possess within the City and County of Denver any of the
following weapons which are hereby declared to be assault weapons except
as provided in and subject to all the provisions of this section:
(1) All of the following specified rifles:
a. Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs
(all models).
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 (FN/FAL, FN/LAR and FNC. [sic]
h. FAMAS MAS223.
i. Heckler & Koch HK-91, H-93 [sic], HK-94 and PSG-1.
j. MAC 10 and MAC 11.
k. SKS with detachable magazine.
l. SIG AMT, SIG 500 Series and SIG PE57.
m. Springfield Armory BM59 and SAR-48.
n. Sterling MK-6 and SAR.
o. Steyr AUG.
p. Valmet M62, M71S and M78.
q. Armalite AR-180 Carbine.
r. Bushmaster Assault Rifle (armgun).
s. Calico M-900 Assault Carbine.
t. Mandall THE TAC-1 Carbine.
u. Plainfield Machine Company Carbine.
v. PJK M-68 Carbine.
w. Weaver Arm Nighthawk.
(2) All of the following specified pistols:
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:
a. Franchi SPAS 12 and LAW 12.
b. Gilbert Equipment Company Striker 12.
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 or 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 subdivision (1), (2),
or (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 or sell the identical or
nearly identical firearms as those listed in subdivisions (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 not less than one hundred ($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.
(k) 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, section 1, 11-6-89; Ord. No. 719-89, section 1, 11-27-89)
