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



(b)  Any person who installs, removes, or
alters a firearm part with the intent to convert the firearm to an automatic
firearm shall be deemed to have manufactured an automatic firearm in violation
of subsection (a).



(c)  The manufacture, possession, sale, barter,
trade, gift, transfer, or acquisition of detachable ammunition magazines with a
capacity in excess of ten rounds which are designed for or capable of use with
a pistol is prohibited.  This subsection shall not apply to magazines
originally designed to accept more than ten rounds of ammunition which have
been modified to accept no more than ten rounds and which are not capable of
being 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 five
years without probation.  Any person violating subsection (c) shall be guilty
of a misdemeanor except when a detachable magazine prohibited under this
section is possessed while inserted into a pistol in which case the person
shall be guilty of a class C felony. [L 1988, c 275, pt of §2; am L 1989, c
261, §6 and c 263, §4; am L 1992, c 286, §§3, 4]



 



Case Notes



 



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



  Section not
unconstitutionally vague or overbroad on its face or as applied to defendant
for "possession of a bomb".  87 H. 71, 951 P.2d 934.