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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 085 : WEAPONS

Subchapter 001 : GENERALLY

(Cite as: 13 V.S.A. § 4021)
  • § 4021. Large capacity ammunition feeding devices

    (a) A person shall not manufacture, possess, transfer, offer for sale, purchase, or receive or import into this State a large capacity ammunition feeding device. As used in this subsection, "import" shall not include the transportation back into this State of a large capacity ammunition feeding device by the same person who transported the device out of State if the person possessed the device on or before the effective date of this section.

    (b) A person who violates this section shall be imprisoned for not more than one year or fined not more than $500.00, or both.

    (c)(1) The prohibition on possession of large capacity ammunition feeding devices established by subsection (a) of this section shall not apply to a large capacity ammunition feeding device lawfully possessed on or before the effective date of this section.

    (2) The prohibition on possession, transfer, sale, and purchase of large capacity ammunition feeding devices established by subsection (a) of this section shall not apply to a large capacity ammunition feeding device lawfully possessed by a licensed dealer as defined in subdivision 4019(a)(4) of this title prior to April 11, 2018 and transferred by the dealer on or before October 1, 2018.

    (d)(1) This section shall not apply to any large capacity ammunition feeding device:

    (A) manufactured for, transferred to, or possessed by the United States or a department or agency of the United States, or by any state or by a department, agency, or political subdivision of a state;

    (B) transferred to or possessed by a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Training Council pursuant to 20 V.S.A. § 2358, for legitimate law enforcement purposes, whether the officer is on or off duty;

    (C) transferred to a licensee under Title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

    (D) possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition;

    (E) manufactured, imported, transferred, or possessed by a manufacturer or importer licensed under 18 U.S.C. chapter 44:

    (i) for the purposes of testing or experimentation authorized by the U.S. Attorney General, or for product development;

    (ii) for repair and return to the person from whom it was received; or

    (iii) for transfer in foreign or domestic commerce for delivery and possession outside the State of Vermont; or

     [Subdivision (d)(1)(F) repealed effective July 1, 2019.]

    (F) transported by a resident of another state into this State for the exclusive purpose of use in an established shooting competition if the device is lawfully possessed under the laws of another state.

    (2) This section shall not apply to a licensed dealer as defined in subdivision 4019(a)(4) of this title for the sole purpose of transferring or selling a large capacity ammunition feeding device to a person to whom this section does not apply under subdivision (1) of this subsection (d).

    (e)(1) As used in this section, "large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept:

    (A) more than 10 rounds of ammunition for a long gun; or

    (B) more than 15 rounds of ammunition for a hand gun.

    (2) The term "large capacity ammunition feeding device" shall not include:

    (A) an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

    (B) a large capacity ammunition feeding device that is manufactured or sold solely for use by a lever action or bolt action long gun or by an antique firearm as defined in subdivisions 4017(d)(2)(A) and (B) of this title; or

    (C) a large capacity ammunition feeding device that is manufactured or sold solely for use with a firearm that is determined to be a curio or relic by the Bureau of Alcohol, Tobacco, Firearms and Explosives. As used in this subdivision, "curio or relic" means a firearm that is of special interest to collectors by reason of some quality other than its association with firearms intended for sporting use or as offensive or defensive weapons. (Added 2017, No. 94 (Adj. Sess.), § 8, eff. April 11, 2018; amended 2017, No. 94 (Adj. Sess.), § 11, eff. April 11, 2018.)