2014 -- S 2377

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LC004173

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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: Senators Miller, Nesselbush, Jabour, Lynch, and Metts

     Date Introduced: February 12, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-5, 11-47-5.1, 11-47-8, 11-47-9, 11-47-30 and 11-47-48.1 of

the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

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

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

crime of violence, or an offense punishable under § 12-29-5, or who is a fugitive from justice

shall purchase, own, carry, transport, or have in his or her possession any firearm.

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

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

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

date of that conviction.

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

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

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

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

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

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

punished by imprisonment for not less than two (2) three (3) nor more than ten (10) fifteen (15)

years; and for penalties provided in this section he or she shall not be afforded the benefit of

suspension or deferment of sentence nor of probation.

     11-47-5.1. Larceny of a firearm. -- (a) Every person who shall steal any firearm shall be

deemed guilty of larceny. "Firearm", as utilized in this section only, shall not apply to an air rifle,

air pistol, "blank gun," or "BB gun." Every person violating the provisions of this section shall be

sentenced, upon conviction, to not less than one year two (2) years nor more than ten (10) fifteen

(15) years; and for penalties as provided in this section he or she shall not be afforded the

provisions of suspension or deferment of sentence nor probation.

      (b) No person shall steal any firearm as defined in this section and then sell, lend, or

transfer the firearm or firearms. Any person convicted of violating the provisions of this

subsection shall be punished by imprisonment for not less than ten (10) years nor more than

twenty (20) years, and the sentence shall be consecutive to any other sentence he or she may

receive or is serving.

     11-47-8. License or permit required for carrying pistol -- Possession of machine gun.

-- (a) No person shall, without a license or permit issued as provided in sections 11-47-11, 11-47-

12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

person whether visible or concealed, except in his or her dwelling house or place of business or

on land possessed by him or her or as provided in sections 11-47-9 and 11-47-10. The provisions

of these sections shall not apply to any person who is the holder of a valid license or permit

issued by the licensing authority of another state, or territory of the United States, or political

subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

person is merely transporting the firearm through the state in a vehicle or other conveyance

without any intent on the part of the person to detain him or herself or remain within the state of

Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

otherwise provided in this chapter. Every person violating the provision of this section shall, upon

conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

a fine up to ten thousand dollars ($10,000), or both, . Any person violating the provisions of this

section upon a second or subsequent conviction shall be punished by imprisonment for not less

than two (2) years nor more than fifteen (15) years or a fine up to fifteen thousand dollars

($15,000), or both. and except Except for a first conviction under this section, the person shall not

be afforded the provisions of suspension or deferment of sentence, nor a probation.

      (b) No person shall have in his or her possession or under his or her control any sawed-

off shotgun or sawed-off rifle as defined in section 11-47-2. Any person convicted of violating

this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to

five thousand dollars ($5,000), or both.

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      (c) No person shall have in his or her possession or under his or her control any firearm

while the person delivers, possesses with intent to deliver, or manufactures a controlled

substance. Any person convicted of violating this subsection shall be punished by imprisonment

for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

consecutive to any sentence the person may receive for the delivery, possession with intent to

deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

this subsection that a person has a license or permit to carry or possess a firearm.

     (d) No person shall carry a rifle or shotgun in any vehicle or conveyance or on or about

his or her person whether visible or concealed, except in his or her dwelling house or place of

business or on land possessed by him or her.

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

punished by imprisonment for not less than one year nor more than ten (10) years, or by a fine up

to ten thousand dollars ($10,000), or both. Any person violating the provisions of this section

upon a second or subsequent conviction shall be punished by imprisonment for not less than two

(2) years nor more than fifteen (15) years or a fine up to fifteen thousand dollars ($15,000), or

both. Except for a first conviction under this section, the person shall not be afforded the

provisions of suspension or deferment of sentence, nor probation.

     (ii) This section shall not apply to those persons engaged in lawful hunting activity as

provided in chapter 20-13, lawful target shooting within this state or lawfully engaged in any of

the activities authorized by § 11-47-9.

     11-47-9. Persons exempt from restrictions. -- The provisions of section 11-47-8 shall

not apply to sheriffs, deputy sheriffs, the superintendent and members of the state police,

members of the Rhode Island airport police department, members of the Rhode Island state

marshals, Rhode Island state fire marshal, chief deputy state fire marshals, deputy state fire

marshals assigned to the bomb squad, and those assigned to the investigation unit, correctional

officers, all within the department of corrections, members of the city or town police force,

capitol police investigators of the department of attorney general appointed pursuant to section

42-9-8.1, the witness protection coordinator for the witness protection review board as set forth in

chapter 30 of title 12 and subject to the minimum qualifications of section 42-9-8.1, the director,

assistant director, investigators of the department of public safety Workers' Compensation

Investigations unit pursuant to section 42-7.3-3.1 and automobile theft investigators of the Rhode

Island state police pursuant to section 31-50-1, railroad police while traveling to and from official

assignments or while on assignments, conservation officers, or other duly appointed law

enforcement officers, nor to members of the Army, Navy, Air Force, and Marine Corps of the

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United States, the National Guard, or organized reserves, when on duty, nor to members of

organizations by law authorized to purchase or receive firearms from the United States or this

state, provided these members are at or going to or from their places of assembly or target

practice, nor to officers or employees of the United States authorized by law to carry a concealed

firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed

firearm in the performance of his or her official duties under the authority of the commanding

officer of the military establishment in the state of Rhode Island where he or she is employed by

the United States, nor to any civilian guard carrying sidearms or a concealed firearm in the

performance of his or her official duties under the authority of the adjutant general where he or

she is employed guarding a national guard facility, provided, that the commanding officer of the

military establishment shall have on file with the attorney general of this state a list of the names

and addresses of all civilian guards and criminal investigators so authorized, nor to duly

authorized military organizations when on duty, nor to members when at or going to or from their

customary places of assembly, nor to any individual employed in the capacity of warden,

associate warden, major, captain, lieutenant, sergeant, correctional officer or investigator at any

project owned or operated by a municipal detention facility corporation, including the Donald W.

Wyatt Detention Facility, nor to the regular and/or ordinary transportation of pistols or revolvers

as merchandise, nor to any person while transporting a pistol pistols, or revolvers, rifles, or

shotguns unloaded from the place of purchase to their residence, or place of business, from their

residence to their place of business or from their place of business to their residence, or to a

Federal Firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms

repair facility, to any police station or other location designated as a site of a bona fide "gun buy-

back" program but only if said pistol, or revolver, rifle or shotgun is unloaded and any

ammunition for said pistol, or revolver, rifle or shotgun is not readily or directly accessible from

the passenger compartment of such vehicle while transporting same and further provided that in

the case of a vehicle without a compartment separate from the passenger compartment the firearm

or the ammunition shall be stored in a locked container. Persons exempted by the provisions of

this section from the provisions of section 11-47-8 shall have the right to carry concealed firearms

everywhere within this state; provided, that this shall not be construed as giving the right to carry

concealed firearms to a person transporting firearms as merchandise or as household or business

goods.

     11-47-30. Sale, transfer or delivery of firearms to minors. -- (a) It shall be unlawful

within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred,

given or conveyed any firearm to any person under eighteen (18) years of age, when the person

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knows or has reason to know that the recipient is under eighteen (18) years of age, except for the

limited purposes set forth in sections 11-47-33 and 11-47-34 and with the prior approval or

consent of the parent or legal guardian of the minor.

      (b) Every person violating this section shall be punished, upon conviction, by

imprisonment for not less than ten (10) years and not more than twenty (20) years. The

prohibitions of this section shall not apply to any federally and state licensed retail dealer who

makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle,

air pistol, "blank gun" or "BB gun."

     (c) If a firearm is sold, transferred, given, conveyed, or caused to be sold, transferred,

given or conveyed to any person under eighteen (18) years of age and is used in a crime of

violence, every person upon conviction shall be punished by imprisonment of not less than fifteen

(15) years and the sentence shall be consecutive to any sentence the person may receive for

violation of subsection (b) of this section.

     11-47-48.1. Report of lost or stolen weapons. -- Every person who owns a firearm shall

report the loss or theft of their firearm to the local law enforcement agency within twenty-four

(24) hours of the discovery of the loss or theft. Whoever knowingly violates this section shall be

punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100)

more than five hundred dollars ($500). Those convicted of a second or subsequent violation of

this section are guilty of a misdemeanor subject to imprisonment of not more than one year, or a

fine of up to one thousand dollars ($1,000), or both.

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

by adding thereto the following section:

     11-47-35.4. Sale or transfer to a party who is not intended owner or possessor. – (a)

No person, entity, or dealer shall sell, loan, or transfer a firearm to any person whom the person,

entity, or dealer knows or has cause to believe is not the actual purchaser or transferee of the

firearm, or to anyone who is not the one actually being loaned the firearm, if the person, entity, or

dealer has knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid

the provisions of §§ 11-47-35 or 11-47-35.2.

     (b) No person, entity, or dealer shall acquire a firearm for the purpose of selling, loaning,

or transferring the firearm, if the person, entity, or dealer has the intent to avoid the provisions of

§§ 11-47-35 or 11-47-35.2.

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

punished by imprisonment for not less than one year nor more than ten (10) years, or by a fine up

to ten thousand dollars ($10,000), or both. Any person violating the provisions of this section

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upon a second or subsequent conviction shall be punished by imprisonment for not less than two

(2) years nor more than fifteen (15) years or a fine up to fifteen thousand dollars ($15,000), or

both. Except for a first conviction under this section, the person shall not be afforded the

provisions of suspension or deferment of sentence, nor probation.

     (d) The section shall not apply to the temporary loan of a firearm to a person who may

lawfully possess a firearm while that person is lawfully hunting or lawfully target shooting within

this state, or lawfully engaged in any of the activities authorized by § 11-47-9.

     SECTION 3. 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 make a number of changes to the statutes relating to the sale and

possession of weapons and to the penalties for violating the same. This act would also provide for

mandatory sentences.

     This act would take effect upon passage.

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LC004173

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