|Issue Date:||07 September 2016||Effective Date:||07 September 2016|
|Rescinds:||13 August 2009 version|
|Index Category:||Preliminary Investigations|
|A.||Department members are bound by the requirements and restrictions relating to weapons ownership and registration, as described in Department directives.|
|B.||Definition of Assault Weapon: Section 8-20-010 of the MCC provides the definition of assault weapon. Department members shall refer to this section to determine if a specific firearm is an assault weapon for purposes of the City ordinance.
|C.||Possession of Assault Weapons|
|1.||Section 8-20-075(a) provides that it shall be unlawful for a person to possess, sell, transfer, import, or manufacture an assault weapon (as defined in section 8-20-010).|
|2.||Section 8-20-075(b) provides an exception to the assault weapon ordinance for corrections officers, members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers, to the extent that any such person is otherwise authorized to acquire or possess assault weapons, and is acting within the scope of his duties, or to any person while engaged in the manufacturing, transportation or sale of assault weapons to people authorized to possess them under this section.|
Department members will refer to the Department directive entitled "Police Carbine Operator Program" for information regarding registering assault weapons.
|3.||Section 8-20-075(c)(2) provides that any person who is a qualified retired law enforcement officer, as that term is defined in 18 U.S.C. § 926C, and who lawfully possessed a duty-related assault weapon at the time of separation from active duty in law enforcement, shall legally dispose of, or remove from the City, the assault weapon within 60 days of such separation.|
|D.||Impoundment of Motor Vehicle: Section 8-20-070 provides for the impoundment of any motor vehicle that contains an assault weapon. Department members will refer to the Department directive entitled "Impoundment of Vehicles for Municipal Code Violations" for the procedures on impounding vehicles.|
|E.||Enhanced Penalties: Sections 8-4-350 and 8-4-355 provide for enhanced penalties for violations of section 8-20-075 (assault weapons) that occur in certain areas (public transportation safety zones, student safety zones, parks, and playgrounds). Members will refer to these sections of the MCC for further information.|