Semi-Auto Penalty

[HwyKnight]

Anybody know if any states have increased penalties for use of a semi-automatic firearm to commit a crime?

[skyugo]

i've never heard of that...

if a criminal's weapon is in violation of 922R or any of the other jumble of laws making autoloading firearms confusing for the commoner, then they will tack that onto the sentence...

[BVickery]

Only gun law regarding use in a crime is the Florida 10/20/Life law. One aspect that I personally approve of is that the law "Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed."

[Iraqgunz]

I think I vaguely remember a reference to this in Washington State, but I am uncertain if they meant "assault styled weapons" or actual true machine guns.

[M4tographer]

I think I vaguely remember a reference to this in Washington State, but I am uncertain if they meant "assault styled weapons" or actual true machine guns.

Here ya go.

RCW 9.41.225
Use of machine gun in felony — Penalty.


It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a machine gun or to menace or threaten with a machine gun, another person. A violation of this section shall be punished as a class A felony under chapter 9A.20 RCW.

[1989 c 231 § 3.]

Notes:
Intent -- 1989 c 231: "The legislature is concerned about the increasing number of drug dealers, gang members, and other dangerous criminals who are increasingly being found in possession of machine guns. The legislature recognizes that possession of machine guns by dangerous criminals represents a serious threat to law enforcement officers and the general public. The use of a machine gun in furtherance of a felony is a particularly heinous crime because of the potential for great harm or death to a large number of people. It is the intent of the legislature to protect the public safety by deterring the illegal use of machine guns in the furtherance of a felony by creating a separate offense with severe penalties for such use of a machine gun." [1989 c 231 § 1.]

Terms defined:

(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

[Iraqgunz]

Ah yes, there it is. The interesting and controversial thing about this is that when it was passed many legislators actually did not know the difference between semi-auto military styled weapons and true full auto weapons. I think that they were also naive when it came to understanding the licensing and registration invloved with NFA items.

I believe that all the weapons that were owned by private citizens at the time were grandfathered as well.

Here ya go.



Terms defined: