2012 -- S 3060

=======

LC02419

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senator Francis T. Maher

     Date Introduced: June 08, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

1-2

is hereby amended to read as follows:

1-3

     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

1-4

construed as follows:

1-5

      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

1-6

section 921.

1-7

      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

1-8

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

1-9

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

1-10

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

1-11

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

1-12

controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of

1-13

section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes,

1-14

assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault

1-15

with intent to commit any offense punishable as a felony; upon any conviction of an offense

1-16

punishable as a felony offense under section 12-29-5.

1-17

      (3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

1-18

"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

1-19

readily be converted to expel a projectile, except recurve, compound, or longbows, and except

1-20

instruments propelling projectiles which are designed or normally used for a primary purpose

2-1

other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under

2-2

the provisions of this section.

2-3

      (4) "Fugitive from justice" means any person who has fled from any state, territory, the

2-4

District of Columbia, or possession of the United States to avoid prosecution for a crime of

2-5

violence or to avoid giving testimony in any criminal proceeding.

2-6

      (5) "Licensing authorities" means the board of police commissioners of a city or town

2-7

where the board has been instituted, the chief of police or superintendent of police of other cities

2-8

and towns having a regular organized police force, and, in towns the town of Exeter where there

2-9

is no chief of police or superintendent of police, it means the town clerk attorney general or

2-10

superintendent of the state police who may issue licenses upon the recommendation of the town

2-11

sergeant with notice to the Exeter town clerk and the Exeter town sergeant, and it also means any

2-12

other person or body duly authorized by the city or town charter or by state law.

2-13

      (6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

2-14

readily restored to shoot automatically more than one shot, without manual reloading, by a single

2-15

function of the trigger. The term also includes the frame or receiver of the weapon, any

2-16

combination of parts designed and intended for use in converting a weapon into a machine gun,

2-17

and any combination of parts from which a machine gun can be assembled if the parts are in the

2-18

possession or under the control of a person.

2-19

      (7) "Person" includes an individual, partnership, firm, association, or corporation.

2-20

      (8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

2-21

with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

2-22

designed for the use of blank cartridges only.

2-23

      (9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

2-24

(26") and/or barrel length of less than sixteen inches (16").

2-25

      (10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

2-26

inches (26") and/or barrel length of less than eighteen inches (18").

2-27

      (11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

2-28

accept, and borrow, and "purchasing" shall be construed accordingly.

2-29

     SECTION 2. This act shall take effect upon passage.

=======

LC02419

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

3-1

     This act would change the definition of “licensing authorities” to specifically delineate

3-2

that in the town of Exeter where there is no chief of police or superintendent of police, the

3-3

attorney general or superintendent of the state police may issue licenses with notice to the Exeter

3-4

town clerk and the Exeter town sergeant.

3-5

     This act would take effect upon passage.

=======

LC02419

=======