2014 -- H 7311

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LC003704

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     

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

     Date Introduced: January 30, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-5 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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     11-47-5. Possession of arms by person convicted of crime of violence or who is a

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fugitive from justice. -- (a) No person who has been convicted in this state or elsewhere of a

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crime of violence or who is a fugitive from justice shall purchase, own, carry, transport, or have

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in his or her possession any firearm.

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      (b) Notwithstanding the provisions of subsection (a) of this section, no person convicted

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of an offense punishable as a felony offense under section 12-29-5 shall purchase, own, carry,

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transport, or have in his or her possession any firearm, for a period of two (2) years following the

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date of that conviction. No person who is convicted of an offense punishable as a misdemeanor

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offense under ยง 12-29-5 shall purchase, own, carry, transport, or have in his or her possession any

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firearm for a period of two (2) years following the date of that conviction. Upon a second

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conviction, no person shall purchase, own, carry, transport, or have in his or her possession any

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firearm for a period of four (4) years following the date of that conviction.

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      (c) No person who is in community confinement pursuant to the provisions of section

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42-56-20.2 or who is otherwise subject to electronic surveillance or monitoring devices as a

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condition of parole shall purchase, carry, transport, or have in his or her possession any firearm.

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This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or

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nolo contendere to) a crime of violence in a court of competent jurisdiction.

 

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      (d) Every person violating the provisions of this section shall, upon conviction, be

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punished by imprisonment for not less than two (2) nor more than ten (10) years; and for

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penalties provided in this section he or she shall not be afforded the benefit of suspension or

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deferment of sentence nor of probation.

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     SECTION 2. This act shall take effect upon passage.

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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 prevent anyone convicted of a misdemeanor domestic violence offense

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from purchasing, owning, carrying, transporting, or possessing a firearm.

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     This act would take effect upon passage.

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