2014 -- H 7940

========

LC004938

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Ruggiero, Chippendale, E Coderre, Craven, and Serpa

     Date Introduced: March 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-6 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-6. Mental incompetents, drug addicts, and drunkards prohibited from

possession. -- No person who is under guardianship or treatment or confinement by virtue of

being a mental incompetent, or who has been adjudicated or is under treatment or confinement as

a drug addict, or who has been adjudicated or is under treatment or confinement as an habitual

drunkard, shall purchase, own, carry, transport, or have in his or her possession or under his or

her control any firearm. Any person affected by the provisions of this section, other than a person

who has been pronounced criminally insane by competent medical authority, after the lapse of a

period of five (5) years from the date of being pronounced cured by competent medical authority,

may, upon presentation of an affidavit issued by competent medical authority to the effect that he

or she is a mentally stable person and a proper person to possess firearms, make application for

the purchase of the firearm(s). Any person affected by the provisions of this section, in making

application for the purchase of firearms and in executing the application, voluntarily waives his or

her right to refuse or refrain from disclosing any confidential information, including, but not

limited to, any information arising from the physician-patient relationship, pertinent to a

determination by the proper authorities regarding the approval or disapproval of this application.

Any person affected by the provisions of this section, in making application for the purchase of

firearms and in executing the application, further agrees to allow the proper authorities to

investigate any and all medical records of the applicant pertinent to a determination by the

authorities regarding the approval or disapproval of this application. In the event that the

application is approved, and if the person has no other disqualifying record, he or she will be

allowed to purchase and possess firearms.

     SECTION 2. This act shall take effect upon passage.

========

LC004938

========

LC004938 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

***

     This act would eliminate the prohibition against a person who has been adjudicated or is

under treatment as a habitual drunkard from owning, purchasing, carrying, transporting or having

in his or her possession any firearm.

     This act would take effect upon passage.

========

LC004938

========

LC004938 - Page 3 of 3