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2012 -- S 2657 | |
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LC00353 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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____________ | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - WEAPONS | |
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Introduced By: Senators Perry, and Metts | |
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Date Introduced: March 01, 2012 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" |
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is hereby amended to read as follows: |
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11-47-2. Definitions. -- When used in this chapter, the following words and phrases are |
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construed as follows: |
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(1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C. |
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section 921. |
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(2) "Crime of violence" means and includes any of the following crimes or an attempt to |
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commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or |
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second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery, |
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burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
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delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
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controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of |
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section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, |
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assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault |
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with intent to commit any offense punishable as a felony; upon any conviction of an offense |
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punishable as a felony offense under section 12-29-5. Involuntary manslaughter shall not be |
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considered a “crime of violence” for the purpose of subdivision 11-47-3.2(b)(3). |
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(3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," |
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"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may |
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readily be converted to expel a projectile, except recurve, compound, or longbows, and except |
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instruments propelling projectiles which are designed or normally used for a primary purpose |
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other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under |
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the provisions of this section. |
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(4) "Fugitive from justice" means any person who has fled from any state, territory, the |
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District of Columbia, or possession of the United States to avoid prosecution for a crime of |
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violence or to avoid giving testimony in any criminal proceeding. |
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(5) "Licensing authorities" means the board of police commissioners of a city or town |
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where the board has been instituted, the chief of police or superintendent of police of other cities |
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and towns having a regular organized police force, and, in towns where there is no chief of police |
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or superintendent of police, it means the town clerk who may issue licenses upon the |
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recommendation of the town sergeant, and it also means any other person or body duly authorized |
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by the city or town charter or by state law. |
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(6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be |
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readily restored to shoot automatically more than one shot, without manual reloading, by a single |
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function of the trigger. The term also includes the frame or receiver of the weapon, any |
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combination of parts designed and intended for use in converting a weapon into a machine gun, |
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and any combination of parts from which a machine gun can be assembled if the parts are in the |
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possession or under the control of a person. |
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(7) "Person" includes an individual, partnership, firm, association, or corporation. |
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(8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
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with overall length less than twenty-six inches (26"), but does not include any pistol or revolver |
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designed for the use of blank cartridges only. |
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(9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches |
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(26") and/or barrel length of less than sixteen inches (16"). |
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(10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six |
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inches (26") and/or barrel length of less than eighteen inches (18"). |
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(11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, |
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accept, and borrow, and "purchasing" shall be construed accordingly. |
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SECTION 2. This act shall take effect upon passage. |
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LC00353 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - WEAPONS | |
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This act would except involuntarily manslaughter as a crime of violence from the |
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sentencing scheme of subdivision 11-47-3.2(b)(3) and not require life imprisonment. |
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This act would take effect upon passage. |
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LC00353 | |
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