2013 -- H 6160

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LC02485

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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: Representative Larry Valencia

     Date Introduced: May 23, 2013

     Referred To: House Judiciary

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.

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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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LC02485

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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 amend the definition of “licensing authorities” for purposes of this

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chapter, by removing city or town clerks as the licensing authority for a city or town where there

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is no chief of police or superintendent of police.

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     This act would take effect upon passage.

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LC02485

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