2013 -- H 5573

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LC01221

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Finn, Ajello, Cimini, and Blazejewski

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-41 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby repealed.

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     11-47-41. Government firearm registration prohibited. -- No government agency of

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this state or its political subdivisions shall keep or cause to be kept any list or register of privately

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owned firearms or any list or register of the owners of those firearms; provided, that the

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provisions of this section shall not apply to firearms which have been used in committing any

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crime of violence, nor to any person who has been convicted of a crime of violence.

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     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

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by adding thereto the following section:

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     11-47-63. Firearm registration required. -- (a) No person shall carry, or otherwise

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possess, a firearm without first registering that firearm with the licensing authority of any city or

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town.

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     (1) Registration shall be made in the form to be prescribed by the attorney general and

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shall include the name, address, fingerprint, and signature of the registree.

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     (2) Information provided pursuant to this section shall not be disclosed to any individual

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or entity; provided, however, that such information will be disclosed to law enforcement

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organizations and personnel when that information is sought for legitimate law enforcement

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purposes.

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     (3) A fee of one hundred dollars ($100) shall be charged and paid for each registration.

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     (b) Every person violating the provisions of subsection (a) of this section shall, upon

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conviction, be punished by imprisonment for not more than three (3) years, or by a fine up to

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three thousand dollars ($3,000), or both.

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     SECTION 3. Sections 11-47-35 and 11-47-35.2 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby amended to read as follows:

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     11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

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Issuance of permits to certain government officers. -- (a) (1) No person shall deliver a pistol

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or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00)

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noon of the day following the day of application for the purchase, and when delivered, the pistol

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or revolver shall be unloaded and securely wrapped, equipped with a safety device designed to

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prevent the unintended discharge or discharge by unauthorized users, with the bill of sale to be

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enclosed within the wrapper with the pistol or revolver. Any citizen of the United States and/or

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lawful resident of this state who is twenty-one (21) years of age or older, and any nonresident

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member of the armed forces of the United States who is stationed in this state and who is twenty-

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one (21) years of age or older, may upon application purchase or acquire a pistol or revolver. At

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the time of applying for the purchase of a concealable firearm, the purchaser shall: (i) complete

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and sign in triplicate and deliver to the person selling the pistol or revolver the application form

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described in this section, and in no case shall it contain the serial number of the pistol or revolver;

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and (ii) shall present to the person selling the pistol or revolver a pistol/revolver safety certificate

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issued by the department of environmental management. The certificate shall be retained in the

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possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser has

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completed a basic pistol/revolver safety course as shall be administered by the department of

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environmental management.

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     (Face of application form)

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     Application to Purchase Pistol or Revolver

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     Date ............ Hour ............ A.M. P.M.

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     Name ............

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     Address ............

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     (Street and number) (City or town) (State)

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     Date of Birth ............ Place of Birth ............

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     Height ............ Weight ............ Color hair ............

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     Color eyes ............

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     Scars ............

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     Tattoos ............

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     Other identifying marks ............

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     Are you a citizen of the United States ............

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     Are you a citizen of Rhode Island ............

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     How long ............

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     Where stationed ............

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     (Armed Forces only) ............

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     Have you ever been convicted of a crime of violence ............

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     (See section 11-47-2)

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     Have you ever been adjudicated or under confinement as addicted to a controlled

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substance ............

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     Have you ever been adjudicated or under confinement for alcoholism ............

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     Have you ever been confined or treated for mental illness ............

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     From whom is pistol or revolver being purchased ............

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     Seller's address ............

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     Seller's signature ............

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     Applicant's signature ............

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      (See section 11-47-23 for penalty for false information on this application)

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     (Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections

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11-47-1 - 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence

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Plantations, and that I am aware of the penalties for violation of the provisions of the cited

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sections. I further certify that I have completed the required basic pistol/revolver safety course.

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Signed ............

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     (over)

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      County of ............

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     State of Rhode Island

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     Subscribed and sworn before me this.... day of.... A.D. 20..

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     Notary Public ............

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      (2) The person selling the pistol or revolver shall on the date of application sign and

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forward by registered mail or by delivery in person the original and duplicate copies of the

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application to the superintendent of the Rhode Island state police or the chief of police in the city

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or town in which the person has his or her residence or place of business. The superintendent of

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the Rhode Island state police or the chief of police in the city or town in which the person has his

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or her residence or place of business shall mark or stamp the original copy of the application form

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with the date and the time of receipt and return it by the most expeditious means to the person

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who is selling the pistol or revolver. The triplicate copy duly signed by the person who is selling

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the pistol or revolver shall within seven (7) days be sent by him or her by registered mail to the

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attorney general. The person who is selling the pistol or revolver shall retain the original copy

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duly receipted by the police authority to whom sent or delivered for a period of six (6) years with

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other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of

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the application form is sent or delivered to make a background check of the applicant to ascertain

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whether he or she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If,

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after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following

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application, no disqualifying information has been received from the investigating police

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authority by the person who is selling the pistol or revolver, he or she will deliver the firearm

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applied for to the applicant. Upon the finding of no disqualifying information under the

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provisions of the above cited sections of this chapter, and in no case later than thirty (30) days

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after the date of application, the duplicate and triplicate copies of the application shall be retained

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and maintained by the superintendent of the Rhode Island state police or the chief of police in the

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city or town in which the applicant has his or her residence or place of business. Information

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retained and maintained pursuant to this subsection shall not be disclosed to any individual or

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entity; provided, however, that such information will be disclosed to law enforcement

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organizations and personnel when that information is sought for legitimate law enforcement

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purposes. will be destroyed. Retention of the duplicate and triplicate copies in violation of this

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section or any unauthorized use of the information contained in the copies by a person or agency

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shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of

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this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to

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purchases by retail dealers duly licensed under the provisions of section 11-47-39.

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     (b) (1) The department of environmental management shall establish the basic

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pistol/revolver safety course required by this section. The safety course shall consist of not less

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than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the

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course shall be available to buyers continually throughout the year at convenient times and places

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but at least monthly at locations throughout the state, or more frequently as required. Proficiency

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in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

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No person shall be required to complete the course more than once; provided, that any person

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completing the course who is unable to produce the safety certificate issued by the department of

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environmental management shall be required to take the course again unless the person provides

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evidence to the department that he or she has successfully completed the course.

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     (2) The administration of the basic pistol/revolver safety course required by this section

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shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

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     (c) Proof of passage of the department of environmental management's basic hunter

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safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

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(d) Any person who has reason to believe that he or she does not need the required

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handgun safety course may apply by any written means to the department of environmental

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management to take an objective test on the subject of matter of the handgun safety course. The

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test shall be prepared, as well as an instruction manual upon which the test shall be based, by the

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department. The manual shall be made available by any means to the applicant who may, within

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the time limits for application, take the objective test at the department or at any location where

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the handgun safety course is being given. Any person receiving a passing grade on the test shall

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be issued a pistol/revolver safety certificate by the department.

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      (e) [Deleted by P.L. 2005, ch. 20, section 11 and P.L. 2005, ch. 27, section 11].

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     (f) The following persons shall be issued basic pistol/revolver permits by the department

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of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

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state police, prison or jail wardens or their deputies, members of the city or town police force,

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members of the park police, conservation officers, members of the airport police and officers of

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the United States government authorized by law to carry a concealed firearm and, at the

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discretion of the department of environmental management, any person who can satisfactorily

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establish that he or she formerly held one of these offices or were so authorized.

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     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

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Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or

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basic pistol/revolver permit under this section so long as he or she remains on active duty.

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     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

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Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

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Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

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under this section so long as he or she remains in active status.

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     11-47-35.2. Sale of rifles/shotguns. -- (a) No person shall deliver a rifle or shotgun to a

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purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day

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following the day of application for the purchase, and when delivered, the rifle or shotgun shall

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be unloaded and securely wrapped, equipped with a safety device designed to prevent the

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unintended discharge or discharge by unauthorized users, with the bill of sale for it to be enclosed

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within the wrapper with the rifle or shotgun. Any citizen of the United States and/or lawful

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resident of this state who is eighteen (18) years of age or older, and any non-resident member of

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the armed forces of the United States who is stationed in this state and who is eighteen (18) years

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of age or older, may, upon application, purchase or acquire a rifle or shotgun. At the time of

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applying for the purchase of a shotgun or rifle the purchaser shall complete and sign in triplicate

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and deliver to the seller the application form described in this section, and in no case shall it

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contain the serial number of the rifle or shotgun.

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      (Face of application form)

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     Application to Purchase Shotgun or Rifle

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     Date ............ Hour ............ A.M. P.M.

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     Name ............

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     Address ............
(Street and number) (City or town) (State)

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     Date of Birth ............ Place of Birth ............

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     Height ............ Weight ............ Color hair ............

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     Color eyes ............

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     Scars ............

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     Tattoos ............ Other identifying marks ............

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     Are you a citizen of the United States ............

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     Are you a citizen of Rhode Island ............

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     How long ............

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     Where stationed ............

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     (Armed Forces only) ............

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     Have you ever been convicted of a crime of violence ............

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     (See section 11-47-2 General Laws of Rhode Island)

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     Have you ever been adjudicated or under confinement as addicted to a controlled

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substance ............

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     Have you ever been adjudicated or under confinement for alcoholism ............

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     Have you ever been confined or treated for mental illness ............

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     From whom is shotgun or rifle being purchased ............

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     Seller's address ............

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     Seller's signature ............

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     Applicant's signature ............

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     (See section 11-47-23 for penalty for false information on this application)

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     (Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections

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11-47-1 - 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence

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Plantations, and that I am aware of the penalties for violation of the provisions of the cited

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sections.

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     Signed ............

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     County of ............

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     State of Rhode Island

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     Subscribed and sworn before me this.... day of.... A.D. 20...

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     Notary Public ............

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      (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

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and forward by registered mail or by delivery in person, the original and duplicate copies of the

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application to the superintendent of the Rhode Island state police or the chief of police in the city

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or town in which the seller has his or her residence or place of business. The superintendent of the

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Rhode Island state police or the chief of police in the city or town in which the person has his or

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her residence or place of business shall mark or stamp the original copy of the application form

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with the date and time of receipt and return it by the most expeditious means to the seller. The

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triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

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registered mail to the attorney general. The person shall retain the original copy duly receipted by

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the police authority to whom sent or delivered for a period of six (6) years with other records of

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the sale. It shall be the duty of the police authority to whom the duplicate copy of the application

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form is sent or delivered to make a background check of the applicant to ascertain whether he or

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she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse

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of seven (7) days from twelve o'clock (12:00) noon of the day following application, no

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disqualifying information has been received from the investigating police authority by the person

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who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant.

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Upon the finding of no disqualifying information under the provisions of the above cited sections

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of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

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and triplicate copies of the application shall be retained and maintained by the superintendent of

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the Rhode Island state police or the chief of police in the city or town in which the applicant has

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his or her residence or place of business. Information retained and maintained pursuant to this

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subsection shall not be disclosed to any individual or entity; provided however, that such

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information will be disclosed to law enforcement organizations and personnel when that

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information is sought for legitimate law enforcement purposes. will be destroyed. Retention of

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the duplicate and triplicate copies in violation of this chapter or any unauthorized use of the

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information contained in them by a person or agency shall be punishable by a fine of not more

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than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide

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sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed

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under the provisions of section 11-47-39.

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     (c) The provisions of this section shall not apply to full-time members of the state police,

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full-time members of city or town police departments, persons licensed under sections 11-47-9

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and 11-47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in

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section 11-47-2.

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     SECTION 4. This act shall take effect upon passage.

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LC01221

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

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     This act would require possessors of firearms to register those firearms with their local

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licensing authority, require that information provided in support of firearms applications be

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retained and maintained rather than destroyed, and require that all registered firearms be equipped

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with a safety device.

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     This act would take effect upon passage.

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LC01221

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