§134-8  Ownership, etc., of automaticfirearms, silencers, etc., prohibited; penalties.  (a)  The manufacture,possession, sale, barter, trade, gift, transfer, or acquisition of any of thefollowing is prohibited:  assault pistols, except as provided by section134-4(e); automatic firearms; rifles with barrel lengths less than sixteeninches; shotguns with barrel lengths less than eighteen inches; cannons;mufflers, silencers, or devices for deadening or muffling the sound ofdischarged firearms; hand grenades, dynamite, blasting caps, bombs, orbombshells, or other explosives; or any type of ammunition or any projectilecomponent thereof coated with teflon or any other similar coating designedprimarily to enhance its capability to penetrate metal or pierce protectivearmor; and any type of ammunition or any projectile component thereof designedor intended to explode or segment upon impact with its target.

(b)  Any person who installs, removes, oralters a firearm part with the intent to convert the firearm to an automaticfirearm shall be deemed to have manufactured an automatic firearm in violationof subsection (a).

(c)  The manufacture, possession, sale, barter,trade, gift, transfer, or acquisition of detachable ammunition magazines with acapacity in excess of ten rounds which are designed for or capable of use witha pistol is prohibited.  This subsection shall not apply to magazinesoriginally designed to accept more than ten rounds of ammunition which havebeen modified to accept no more than ten rounds and which are not capable ofbeing readily restored to a capacity of more than ten rounds.

(d)  Any person violating subsection (a) or (b)shall be guilty of a class C felony and shall be imprisoned for a term of fiveyears without probation.  Any person violating subsection (c) shall be guiltyof a misdemeanor except when a detachable magazine prohibited under thissection is possessed while inserted into a pistol in which case the personshall be guilty of a class C felony. [L 1988, c 275, pt of §2; am L 1989, c261, §6 and c 263, §4; am L 1992, c 286, §§3, 4]

 

Case Notes

 

  Trial court ismandated to sentence defendant to a term of imprisonment without any suspensionof the sentence.  69 H. 458, 746 P.2d 976.

  Section notunconstitutionally vague or overbroad on its face or as applied to defendantfor "possession of a bomb".  87 H. 71, 951 P.2d 934.