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AN ACT relating to assault weapons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 527.010 is amended to read as follows: 3
The following definitions apply in this chapter unless the context otherwise requires: 4
(1) (a) "Assault weapon" means: 5
1. A semiautomatic rifle that has an ability to accept a detachable 6
magazine and has at least one (1) of the following characteristics: 7
a. A folding or telescoping stock; 8
b. A pistol grip that protrudes conspicuously beneath the action of 9
the weapon; 10
c. A second handgrip or a protruding grip that can be held by the 11
non-trigger hand; 12
d. A bayonet mount; 13
e. A flash suppressor, muzzle break, muzzle compensator, or 14
threaded barrel designed to accommodate a flash suppressor, 15
muzzle break, or muzzle compensator; or 16
f. A grenade launcher; 17
2. A semiautomatic shotgun that has at least one (1) of the following 18
characteristics: 19
a. A folding or telescoping stock; 20
b. A second handgrip or a protruding grip that can be held by the 21
non-trigger hand; 22
c. A fixed magazine capacity in excess of seven (7) rounds; or 23
d. An ability to accept a detachable magazine; 24
3. A semiautomatic pistol that has an ability to accept a detachable 25
magazine and has at least one (1) of the following characteristics: 26
a. A folding or telescoping stock; 27 UNOFFICIAL COPY 24 RS BR 2227
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b. A second handgrip or a protruding grip that can be held by the 1
non-trigger hand; 2
c. Capacity to accept an ammunition magazine that attaches to the 3
pistol outside of the pistol grip; 4
d. A threaded barrel capable of accepting a barrel extender, flash 5
suppressor, forward handgrip, or silencer; 6
e. A shroud that is attached to, or partially or completely encircles, 7
the barrel and that permits the shooter to hold the firearm with 8
the non-trigger hand without being burned; or 9
f. A manufactured weight of fifty (50) ounces or more when the 10
pistol is unloaded; 11
4. A semiautomatic version of an automatic rifle, shotgun, or firearm; or 12
5. A revolving cylinder shotgun. 13
(b) "Assault weapon" does not include: 14
1. Any rifle, shotgun, or pistol that: 15
a. Is manually operated by bolt, pump, lever, or slide action; 16
b. Has been rendered permanently inoperable; or 17
c. Is an antique firearm as defined in 18 U.S.C. sec. 921; 18
2. A semiautomatic rifle that cannot accept a detachable magazine that 19
holds more than five (5) rounds of ammunition; or 20
3. A semiautomatic shotgun that cannot hold more than five (5) rounds 21
of ammunition in a fixed or detachable magazine. 22
(2) "Booby trap device" shall have the same meaning as set forth in KRS 237.030. 23
(3)[(2)] "Deface" means to remove, deface, cover, alter, or destroy the manufacturer's 24
serial number or any other distinguishing number or identification mark. 25
(4)[(3)] "Destructive device" shall have the same meaning as set forth in KRS 26
237.030. 27 UNOFFICIAL COPY 24 RS BR 2227
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(5)[(4)] "Firearm" means any weapon which will expel a projectile by the action of an 1
explosive. 2
(6)[(5)] "Handgun" means any pistol or revolver originally designed to be fired by the 3
use of a single hand, or any other firearm originally designed to be fired by the use 4
of a single hand. 5
(7) "Large capacity ammunition feeding device" means a magazine, belt, drum, feed 6
strip, or similar device that has a capacity of or that can be readily restored or 7
converted to accept more than ten (10) rounds of ammunition, but does not 8
include an attached tubular device designed to accept and capable of operating 9
with only .22 caliber rimfire ammunition or a feeding device that is a curio or 10
relic. To qualify as a curio or relic feeding device under this subsection, it must 11
be a feeding device that: 12
(a) Was manufactured at least fifty (50) years prior to the current date, not 13
including replicas thereof; 14
(b) Is only capable of being used exclusively in a firearm, rifle, or shotgun that 15
was manufactured at least fifty (50) years prior to the current date, not 16
including replicas thereof; and 17
(c) Is possessed by an individual who is not prohibited by state or federal law 18
from possessing a firearm. 19
SECTION 2. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) Except as provided in subsection (3) of this section, a person is guilty of 22
possession or transfer of a large capacity ammunition feeding device when he or 23
she knowingly: 24
(a) Possesses a large capacity ammunition feeding device; or 25
(b) Transfers a large capacity ammunition feeding device to another person. 26
(2) Possession or transfer of a large capacity ammunition feeding device is a Class A 27 UNOFFICIAL COPY 24 RS BR 2227
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misdemeanor. 1
(3) This section shall not apply to: 2
(a) A person who is: 3
1. A member of: 4
a. The Armed Forces of the United States; 5
b. A reserve component of the Armed Forces of the United States; 6
or 7
c. The National Guard; 8
2. A law enforcement officer as defined in KRS 15.310; or 9
(b) Any large capacity ammunition feeding device lawfully possessed prior to 10
the effective date of this Act. 11
SECTION 3. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) Except as provided in subsection (3) of this section, a person is guilty of 14
possession or transfer of an assault weapon when he or she knowingly: 15
(a) Possesses an assault weapon; or 16
(b) Transfers an assault weapon to another person through any means. 17
(2) Possession or transfer of an assault weapon is a Class A misdemeanor. 18
(3) This section shall not apply to: 19
(a) A person who is: 20
1. A member of: 21
a. The Armed Forces of the United States; 22
b. A reserve component of the Armed Forces of the United States; 23
or 24
c. The National Guard; 25
2. A law enforcement officer as defined in KRS 15.310; or 26
(b) Any assault weapon lawfully possessed prior to the effective date of this Act. 27 UNOFFICIAL COPY 24 RS BR 2227
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Section 4. KRS 237.104 is amended to read as follows: 1
(1) No person, unit of government, or governmental organization shall, during a period 2
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 3
have the right to revoke, suspend, limit the use of, or otherwise impair the validity 4
of the right of any person to purchase, transfer, loan, own, possess, carry, or use a 5
firearm, firearm part, ammunition, ammunition component, or any deadly weapon 6
or dangerous instrument. 7
(2) No person, unit of government, or governmental organization shall, during a period 8
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 9
take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition 10
component, or any deadly weapon or dangerous instrument from any person. 11
(3) The provisions of this section shall not apply to the taking of an item specified in 12
subsection (1) or (2) of this section from a person who is: 13
(a) Forbidden to possess a firearm pursuant to KRS 527.040 or Section 2 or 3 of 14
this Act; 15
(b) Forbidden to possess a firearm pursuant to federal law; 16
(c) Violating KRS 527.020 or Section 2 or 3 of this Act; 17
(d) In possession of a stolen firearm; 18
(e) Using a firearm in the commission of a separate criminal offense; or 19
(f) Using a firearm or other weapon in the commission of an offense under KRS 20
Chapter 150. 21