Chapter 9.05
ASSAULT WEAPONS
Sections:
9.05.020 Assault weapon and large capacity magazine – Prohibitions and exceptions.
9.05.030 Destruction of confiscated assault weapons and large capacity magazines.
9.05.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “Ammunition” means any self-contained cartridge, shot, bullet or projectile by whatever name known, which is designed to be used, or adaptable to use, in a weapon and shot or discharged therefrom.
B. “Antique firearm” means:
1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured before 1898; and
2. Any replica of any firearm described in subsection (B)(1) of this section if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
C. “Assault weapon” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended for use in converting a weapon into a machine gun, or any combination of parts from which a machine gun can be assembled if such parts are in the possession or control of a person.
D. “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
E. “Firearms” means weapons capable of firing ammunition using an explosive charge, expansion of gas or escape of gas as a propellant, other than those excluded from the definition of “firearm” as contained in 430 ILCS 65/1.1, as amended.
F. “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than thirty-five rounds centerfire.
G. “Peace officer” means any person appointed by a governmental agency on a full-time basis as a law enforcement official who is vested by law within the said governmental jurisdiction with all the powers possessed by police officers, including the power to make arrests on view of or under warrants for violations of state statutes and village and county ordinances.
H. “Weapons” means firearms or assault weapons designed to discharge ammunition. (Ord. 2013-14 § 3, 2013; Ord. 2013-11 § 2, 2013)
9.05.020 Assault weapon and large capacity magazine – Prohibitions and exceptions.
A. No person shall manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess any assault weapon or large capacity magazine. This section shall not apply to:
1. The sale or transfer to, or possession by any officer, agent, or employee of the village of Riverdale or any other municipality or state or of the United States; members of the armed forces of the United States; the organized militia of this or any other state; or peace officers to the extent that any such person named in this subsection (A)(1) is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine and does so while acting within the scope of his or her duties;
2. Transportation of assault weapons or large capacity magazine if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person.
B. Any assault weapon or large capacity magazine possessed, sold or transferred in violation of subsection A of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of RMC 9.05.030.
C. Any person who, prior to the effective date of this chapter, was legally in possession of an assault weapon or large capacity magazine prohibited by this section shall have ninety days from the effective date of the ordinance codified in this chapter to do any of the following without being subject to prosecution hereunder:
1. To remove the assault weapon or large capacity magazine from within the limits of the village of Riverdale; or
2. To modify the assault weapon or large capacity magazine either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon or large capacity magazine; or
3. To surrender the assault weapon or large capacity magazine to the chief of police of the village of Riverdale or his designee for disposal as provided in RMC 9.05.030.
D. In any prosecution brought to enforce the provisions of this chapter, the applicability of any exemption under this chapter shall be an affirmative defense for which the prosecution shall not bear the burden to negate any such exemption, which the applicability of any such exemption shall be the burden of the defendant.
E. Any person found in violation of this section shall be sentenced to not more than six months imprisonment or fined not less than five hundred dollars and not more than one thousand dollars, or both. (Ord. 2013-11 § 2, 2013)
9.05.030 Destruction of confiscated assault weapons and large capacity magazines.
A. Whenever any assault weapon or large capacity magazine is surrendered or confiscated pursuant to this chapter, the chief of police of the village of Riverdale shall ascertain whether such assault weapon or large capacity magazine is needed as evidence in any matter.
B. If such assault weapon or large capacity magazine is not required for evidence it shall be destroyed at the direction of the chief of police of the village of Riverdale.
C. The chief of police of the village of Riverdale shall cause to be kept a record of the date and method of destruction of each assault weapon or large capacity firearm destroyed pursuant to this chapter. (Ord. 2013-11 § 2, 2013)