Citation(s) from the literature library

Puerto Rico. 2000 ‘Semiautomatics.’ Puerto Rico Arms Act of 2000; Title 25, Subtitle 1, Part V, Chapter 51A (Sub-chapter 2, Section 456m). San Juan: Puerto Rico. 11 September

Relevant contents

25 L.P.R.A. § 456m (2013)

Section 456m. Semiautomatics

(a) No semiautomatic assault weapon shall be manufactured, or caused to be manufactured, offered, sold, rented, loaned, owned, used, transferred or imported. However, this prohibition shall not be applicable to:

(1) The possession, use, transfer in Puerto Rico or the importing from the United States territory [sic] by persons whose license contains the category of target shooting, hunting or who hold a dealer license, of those assault weapons that exist legally within the nation of the United States of America, on the date this act becomes effective, or

(2) the manufacture, importing, sale or delivery by licensed dealers, to be used by the police officers of the government[s] of Puerto Rico or the United States, or for the use of the armed forces of the United States government or of Puerto Rico.

(b) The semiautomatic assault weapons referred to in this section are the following:

(1) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all AK models).
(2) Action Arms Israeli Military Industries UZI and Galil.
(3) Beretta Ar70 (SC-70).
(4) Colt AR-15.
(5) Fabrique National FN/FAL, FN/LAR, and FNC.
(6) SWD M-10, M-11, M-11/9, and M-12.
(7) Steyr AUG.
(8) INTRATEC tec-9, tec-dc9 AND tec-22.
(9) Revolving cylinder shotguns such as (or similar to) the Street Sweeper and Striker 12.

(c) Also considered as a semiautomatic assault weapon, is:

(1) A semiautomatic rifle that is retrofed by a magazine or removable receptacle which contains two (2) or more of the following characteristics:

(A) Folding or telescopic butt;
(B) pistol grip that clearly overlaps the trigger action;
(C) bayonet mount;
(D) flash suppressor, or
(E) grenade launcher, excluding flare launchers.

(2) A semiautomatic pistol that can be backloaded by a magazine or removable receptacle which has more than two (2) of the following characteristics:

(A) A magazine or clip that is fixed on the pistol outside of the pistol grip;
(B) a barrel with spiral grooves on the front which is capable of accepting an extension to the barrel, a flash suppressor, a hand grip in front of the weapon or a silencer;
(C) a cover that can be fixed covering all or part of the barrel, allowing whoever fires the weapon to hold it with the hand that is not pulling the trigger, without getting burned;
(D) an unloaded manufacturing weight in excess of fifty (50) ounces, or
(E) a semiautomatic version of an automatic weapon.

(3) A semiautomatic shotgun that has two (2) or more of the following characteristics:

(A) A collapsible or telescopic breech;
(B) a pistol grip that clearly overlaps the trigger action;
(C) a fixed ammunition magazine or clip that holds more than five (5) cartridges, or
(D) is capable of receiving a removable magazine or clip.

(d) Any person who violates the provisions of this section shall be guilty of a felony and upon conviction shall be punished by imprisonment for a fixed term of twenty-four (24) years, without the right to suspended sentence, to parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed. Should there be aggravating circumstances, the fixed penalty established may be increased up to a maximum of thirty six (36) years; should there be extenuating circumstances, it may be reduced to a minimum of eighteen (18) years.

The possession or use of these weapons by members of the police1 and those other officers of the law that are duly authorized to bear arms in compliance of their duties, as established in this chapter, shall not constitute a crime.

The application of the provisions of this section shall be prospective as of the approval of this act.

ID: Q11236

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