Any person who, without the authorization of this chapter, carries, owns or uses a semi-automatic long-barrelled weapon, a machine gun, carbine or rifle, as well as any modification thereof, or any other weapon that can be fired automatically, or a sawed-off shotgun of less than eighteen (18) inches, and which can cause grave bodily harm, shall be guilty of a felony, and upon conviction shall be punished with imprisonment for a fixed term of twenty-four (24) years, without the right to a suspended sentence, to be released on parole, or enjoy the benefits of any diversion program, benefits or option for the term of imprisonment recognized 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 to a maximum of thirty-six (36) years; should there be mitigating circumstances, it may be reduced to a minimum of eighteen (18) years.
The possession or use of these weapons by the police and those other duly authorized law enforcement agents in the performance of their duty shall not constitute a crime.
History —Sept. 11, 2000, No. 404, § 4.07, renumbered as § 5.07 and amended on Jan. 10, 2002, No. 27, §§ 18 and 22; June 3, 2004, No. 137, § 20.