HB69: New Firearm Law for Class 1 Municipalities

In an effort to enhance public safety and address concerns surrounding firearm possession, a new bill, HB69, has been introduced, focusing on Class 1 municipalities within the state. This legislation aims to align state law more closely with existing federal regulations regarding prohibited firearm ownership. By establishing criminal penalties for specific violations, HB69 seeks to create a safer environment by preventing firearms from falling into the wrong hands and curtailing the possession of certain dangerous weapons. This post will break down the key components of HB69, explaining its implications, the types of weapons targeted, and the specific offenses that will now incur legal ramifications within Class 1 municipalities.

Prohibited Individuals and Firearm Possession

HB69 takes a firm stance on firearm possession, explicitly prohibiting individuals who are already barred under federal law from owning firearms. This includes those with felony convictions, fugitives from justice, unlawful users of controlled substances, individuals adjudicated with mental illness, undocumented aliens, those dishonorably discharged from the armed forces, and individuals subject to domestic violence restraining orders or convicted of domestic violence. The bill mirrors the language of 18 U.S.C. § 922(g), ensuring that state law actively supports existing federal statutes. According to the text, ‘A person may not purchase, use, own, or possess a firearm if the person is otherwise prohibited from shipping, transporting, possessing, or receiving a firearm in interstate commerce pursuant to 18 U.S.C. § 922(g)...’ This section makes it clear that a state law mirrors the conditions as stated in federal law. Furthermore, violations of this provision are classified as Class B felonies, indicating the severity of these offenses and a commitment to enforcing existing federal restrictions. This measure intends to strengthen the legal framework, further limiting firearm access for those deemed a risk by both state and federal authorities.

This section seeks to remove all doubt of overlap from federal and state law, with clear language specifically outlining federal code. The addition of Class B felony also underscores the gravity of violating these codes.

Unlawful Firearm Transfers

Beyond mere possession, HB69 also addresses the unlawful transfer of firearms. The bill prohibits any person from knowingly selling, giving, or otherwise disposing of firearms or ammunition to individuals prohibited under 18 U.S.C. § 922(g). This section acts as a safeguard to prevent those restricted from owning firearms from acquiring them through illegal transactions. It states, ‘A person may not knowingly sell, give, or otherwise dispose of any firearm or ammunition to any person who is otherwise prohibited... pursuant to 18 U.S.C. § 922(g)’. This aims to create a responsibility at all points of sale and transfer for individuals to have a working knowledge of the law and to take care not to sell or gift firearms to an individual that is legally barred. Just like in the previous section, violation of this section is also a Class B felony, demonstrating that the state views illegal transfers as a serious crime. This provision reinforces the idea that the burden of responsibility falls upon the seller or transferor to avoid enabling individuals prohibited from possessing firearms.

By placing criminal penalties on those who transfer firearms to banned individuals, the legislation aims to limit the ways in which prohibited individuals can obtain weaponry, closing a major loophole in previous legislation.

Possession of Stolen Firearms and Ammunition

HB69 also targets the possession of stolen firearms and ammunition. The bill specifically states that ‘A person may not receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.’, highlighting a conscious effort to curb the black market for weaponry. It is a Class B felony to knowingly possess stolen firearms or ammunition. This legal stipulation seeks to target not only the individuals who steal the weapons but also those who subsequently handle, transport, or use them, thus diminishing the illicit circulation of stolen guns and ammunition. Through addressing the entire supply chain, from theft to possession, HB69 seeks to create a greater deterrent to firearms being stolen in the first place. The language of the bill here indicates that it is not enough to not have knowledge of the fact a weapon is stolen, but one must not have reasonable cause to believe the weapon is stolen.

This provision aims to cut off the supply and demand for stolen firearms, thus disincentivizing those who may be part of the process. Its explicit language shows a desire to ensure that those who are in possession of stolen firearms can be held accountable.

Prohibited Firearms, Accessories, and Attachments

One of the more significant aspects of HB69 is its specific prohibitions on particular types of firearms, accessories, and attachments. The bill explicitly forbids the possession of short-barreled shotguns, short-barreled rifles, machine guns, firearm silencers, and any devices that can convert semi-automatic weapons into automatic ones. These are defined under 18 U.S.C. § 921. The language of this section is clear and specific; ‘A person may not possess any of the following: (1) A short-barreled shotgun... (2) A short-barreled rifle... (3) A machinegun... (4) A firearm silencer or firearm muffler... (5) Any device, part, component, or combination of parts specifically designed or intended to allow an otherwise semi-automatic firearm to automatically shoot more than one shot...’. Possession of any of these items in a Class 1 municipality constitutes a Class B felony. The bill also creates a continuing duty to inspect any firearms, stating ‘A person has a continuing duty to inspect a firearm possessed... to ensure the firearm... is not prohibited’. This reinforces the responsibility of the gun owner. However, the bill provides an exemption that those in compliance with the National Firearms Act, 26 U.S.C. § 5801 et seq., or other applicable federal law are exempt from this section.

This section goes after some of the most dangerous weapons and devices, specifically restricting the availability of these items within Class 1 municipalities. The addition of a ‘continuing duty’ to inspect means that owners of weaponry may also be held liable for not maintaining compliance with the law.

The Class B Felony Distinction

Throughout HB69, a recurring theme is the designation of various violations as Class B felonies. This is significant because Class B felonies typically carry severe penalties, often including substantial fines and lengthy prison sentences. The consistent use of this classification underscores the gravity with which the state legislature views these violations and illustrates an intent to strictly enforce these new firearm regulations. Each section has an accompanying definition of ‘(b) A violation of this section is a Class B felony.’, and the repetition of this classification means the legislation seeks to remove any doubt of the legal penalties associated. This makes a clear statement about how important legislators feel it is to prevent the listed violations. This consistent classification makes it clear that the state intends to take these violations very seriously.

The severity of these penalties highlights the state's commitment to maintaining law and order by limiting the accessibility of firearms, particularly among specific prohibited groups and the unlawful possession of certain weaponry.

Effective Date and Municipal Applicability

HB69 has an important applicability stipulation, ‘This act shall only apply in Class 1 municipalities.’, which means that its scope is limited to specific urban areas. The bill is not to be taken as statewide law, and only those who live within a Class 1 municipality will be beholden to this legislation. Additionally, the bill is scheduled to become effective on October 1, 2025, meaning there is a period of time for individuals within Class 1 municipalities to prepare for the upcoming changes in the law. The choice to have a delayed effective date may allow for public awareness campaigns to take effect, in order to ensure that every citizen within a Class 1 municipality is aware of the new law and its stipulations. These parameters clarify exactly where and when the law becomes effective, which can assist citizens in staying compliant. The limitation of applicability to a specific area also means that those outside of that area will not have to be held to the same degree of standards regarding firearm possession.

The specific language related to the effective date and the municipalities within the scope of this bill are important for citizens to take note of so they are aware of their responsibilities under this law.

Conclusion

In conclusion, HB69 represents a significant step toward stricter firearm control within Class 1 municipalities. By aligning with federal regulations, addressing unlawful transfers, targeting the possession of stolen firearms, and prohibiting specific types of weapons and attachments, HB69 seeks to bolster public safety. The bill establishes serious criminal penalties for violations, underscoring the state’s intention to actively address the issues surrounding firearms. While limited in scope, the new law will have meaningful implications for individuals living in Class 1 municipalities by outlining expectations about firearm ownership and transfer. As it moves toward its effective date of October 1, 2025, it remains crucial for those residing in these areas to familiarize themselves with the stipulations of HB69.

The comprehensive nature of HB69 shows a concentrated effort on the part of lawmakers to limit the means by which certain individuals obtain weaponry. Its passage will likely have an impact on those who illegally transfer and possess weapons in Class 1 municipalities.