(a) Assault Weapon Defined. As used in this section:
(1) “Assault weapon” means:
A. Any semiautomatic action, center fire rifle or carbine that accepts a detachable magazine with a capacity of 20 rounds or more;
B. Any semiautomatic shotgun with a magazine capacity of more than six rounds;
C. Any semiautomatic handgun that is:
1. A modification of a rifle described in division (A)(1)A. of this section or a modification of an automatic firearm; or
2. Originally designed to accept a detachable magazine with a capacity of more than 20 rounds.
D. Any firearm which may be restored to an operable assault weapon as defined in division (a)(1)A., B. or C. of this section.
E. Any part, or combination of parts, designed or intended to convert (a)(1)A., B. or C. of this section, or any combination of parts from which an assault weapon, as defined in division (a)(1)A., B. or C. of this section, may be readily assembled if these parts are in the possession or under the control of the same person.
(2) “Assault weapon” does not include the following:
A. Any firearm that uses 22-caliber rimfire ammunition with a detachable magazine with a capacity of 18-rounds or less.
B. Any result 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.
(b) Prohibitions; Exceptions; Seizure and Destruction.
(1) No person shall sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon.
(2) This section shall not apply to any officer, agent or employee of this or any other state or the United States, members of the Armed Forces of the United States or the organized militia of this or any other state, and law enforcement officer as defined in Section 606.01(g), to the extent that any such person is authorized to acquire or possess an assault weapon and is acting within the scope of this or her duties.
(3) Any assault weapon is hereby declared to be contraband and shall be seized and disposed of as authorized by law.
(c) Effective Date for Lawful Possessors. Any person who, prior to the effective date of this section, was legally in possession of an assault weapon prohibited by this section shall have 45 days from the effective date of this section to do any of the following without being subject to prosecution hereunder:
(1) Remove said firearm from the Village limits;
(2) Modify said firearm to either render ir permanently inoperable or permanently make it a device no longer defined as an assault weapon; or
(3) Surrender it to the Chief of Police of the Village, in which case the firearm shall be disposed of as provided by law.
(d) Penalty.
(1) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
(2) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(3) If any person who violates any provision of this section was, at the time of the commission of such offense, also committing any drug offense, he or she shall be sentenced to serve the maximum term of imprisonment, to-wit: 180 days. In addition, the offender shall be fined the maximum fine permitted: to-wit: one thousand dollars ($1,000). These terms of imprisonment and fine are mandatory, shall not be suspended and must be imposed by the Court.
(Ord. 91-8. Passed 5-6-91.)