2014 -- S 2632

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LC004167

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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 -- GUN CONTROL AND SAFE FIREARMS ACT

     Introduced By: Senators Miller, Nesselbush, Cool Rumsey, Goldin, and Pichardo

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 47.1

GUN CONTROL AND SAFE FIREARMS ACT

     11-47.1-1. Short title. -- This chapter shall be known as and may be cited as the "Gun

Control and Safe Firearms Act."

     11-47.1-2. Restrictions on manufacture, sale, purchase, and possession of certain

semiautomatic assault weapons. -- (a) It shall be unlawful for a person to manufacture, sell,

purchase, or possess a semiautomatic assault weapon.

     (b) The term "semiautomatic assault weapon" means:

     (1) A semiautomatic rifle that has an ability to accept a detachable magazine and has at

least two (2) of the following characteristics:

     (i) A folding or telescoping stock;

     (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

     (iii) A thumbhole stock;

     (iv) A bayonet mount;

     (v) A threaded barrel designed to accommodate a flash suppressor, muzzle break, or

muzzle compensator;

     (vi) A grenade launcher; or

     (2) A semiautomatic shotgun that has at least two (2) of the following characteristics:

     (i) A folding or telescoping stock;

     (ii) A thumbhole stock;

     (iii) A second handgrip or a protruding grip that can be held by the non-trigger hand;

     (iv) A fixed magazine capacity in excess of seven (7) rounds;

     (v) An ability to accept a detachable magazine; or

     (3) A semiautomatic pistol that has an ability to accept a detachable magazine and has at

least two (2) of the following characteristics:

     (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;

     (ii) Capacity to accept an ammunition magazine that attaches to the pistol outside of the

pistol grip;

     (iii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward

handgrip, or silencer;

     (iv) A shroud that is attached to, or partially or completely encircles, the barrel and that

permits the shooter to hold the firearm with the non-trigger hand without being burned;

     (v) A manufactured weight of fifty (50) ounces or more when the pistol is unloaded; or

     (vi) A semiautomatic version of an automatic rifle, shotgun or firearm;

     (4) A revolving cylinder shotgun;

     (5) Provided, however, that such term does not include:

     (i) Any rifle, shotgun or pistol that:

     (A) Is manually operated by bolt, pump, lever or slide action;

     (B) Has been rendered permanently inoperable; or

     (C) Is an antique firearm as defined in 18 U.S.C. 921(a)(16);

     (ii) A semiautomatic rifle that cannot accept a detachable magazine that holds more than

ten (10) rounds of ammunition;

     (iii) A semiautomatic shotgun that cannot hold more than ten (10) rounds of ammunition

in a fixed or detachable magazine; or

     (iv) Any firearm, rifle, or shotgun that was manufactured prior to July 1, 1963;

     (c) On or after July 1, 2014, any semiautomatic assault weapon that was legally possessed

prior to July 1, 2014 may only be sold to:

     (1) A purchaser authorized to possess such weapon pursuant to § 11-47-43; or

     (2) A purchaser outside of the state.

     (d) A person who sells or purchases any semiautomatic assault weapon without

complying with the provisions of this subsection shall be punished, upon conviction, by

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

     11-47.1-3. Ban of large capacity ammunition feeding devices. -- (a) It shall be

unlawful for a person to manufacture, sell, purchase, or possess a large capacity ammunition

feeding device.

     (b) "Large capacity ammunition feeding device" means a magazine, belt, drum, feed

strip, or similar device, that was manufactured on or after July 1, 2014 and has:

     (1) A capacity of, or that can be readily restored or converted to accept, more than ten

(10) rounds of ammunition; or

     (2) Contains more than ten (10) rounds of ammunition; or

     (3) Has a capacity of, or that can be readily restored or converted to accept, more than ten

(10) rounds of ammunition; provided, however, that such term does not include an attached

tubular device designed to accept, and capable of operating only with, .22 caliber rimfire

ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is

defined as a device that:

     (i) Was manufactured prior to July 1, 1963;

     (ii) Is only capable of being used exclusively in a firearm, rifle, or shotgun that was

manufactured at least fifty (50) years prior to the current date, but not including replicas thereof;

and

     (iii) Is possessed by an individual who is not prohibited by state or federal law from

possessing a firearm.

     (c) On or after July 1, 2014, any feeding device defined in subsections (b)(1), (b)(2), and

(b)(3) above that was legally possessed prior to July 1, 2014 may only be sold to: (1) A purchaser

authorized to possess such feeding device pursuant to § 11-47-43; or (2) A purchaser outside of

the state.

     (d) A person who sells or purchases any such feeding device without complying with the

provisions of this subsection shall be punished, upon conviction, by imprisonment for not less

than ten (10) years and not more than twenty (20) years.

     11-47.1-4. Definitions. -- Words and phrases not defined within this chapter shall have

the meanings set forth in § 11-47-2.

     11-47.1-5. Severability. -- If any clause, sentence, paragraph, section, or part of this

chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall

not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the

clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which

the judgment shall have been rendered.

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     SECTION 2. Section 11-47-43 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-43. Collectors and police officers exempt from section 11-47-42 Certain

exemptions for collectors and police officers. -- The provisions of section 11-47-42, so far as

they forbid the possession of certain instruments or weapons, shall not apply to any person who

possesses or is making a collection of the weapons as curios or for educational, professional,

scientific, or any other lawful purpose, without intent to use the instrument or weapon unlawfully.

Nor shall the provisions of section 11-47-42, so far as they relate to the possession or carrying of

any billy, or the provisions of § 11-47.1-2 or 11-47.1-3, apply to sheriffs, constables, police, or

other officers or guards whose duties require them to arrest or to keep and guard prisoners or

property, nor to any person summoned by those officers to aid them in the discharge of their

duties while actually engaged in their duties.

     SECTION 3. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

construed as follows:

      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

section 921.

      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of

section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes,

assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault

with intent to commit any offense punishable as a felony; upon any conviction of an and any

offense punishable as a felony offense under section 12-29-5.

     (3) "Feeding device" means a fixed or detachable magazine, belt, drum, feed strip, or

similar device capable of accepting, or that can be readily converted to accept, rounds of

ammunition or shotgun shells.

      (3)(4) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

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and except instruments propelling projectiles which are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

      (4)(5) "Fugitive from justice" means any person who has fled from any state, territory,

the District of Columbia, or possession of the United States to avoid prosecution for a crime of

violence or to avoid giving testimony in any criminal proceeding.

      (5)(6) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person persons or body bodies

duly authorized by the city or town charter or by state law to issue licenses relating to the

purchase, sale, or possession of firearms.

      (6)(7) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

readily restored to shoot automatically more than one shot, without manual reloading, by a single

function of the trigger. The term also includes the frame or receiver of the weapon, any

combination of parts designed and intended for use in converting a weapon into a machine gun,

and any combination of parts from which a machine gun can be assembled if the parts are in the

possession or under the control of a person.

      (7)(8) "Person" includes an individual, partnership, firm, association, or corporation.

      (8)(9) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

designed for the use of blank cartridges only.

      (9)(10) "Sawed-off rifle" means any rifle with overall length of less than twenty-six

inches (26") and/or barrel length of less than sixteen inches (16").

      (10)(11) "Sawed-off shotgun" means any shotgun with overall length of less than

twenty-six inches (26") and/or barrel length of less than eighteen inches (18").

      (11)(12) "Sell" includes let or hire, give, lend, dispose, and transfer, and "purchase"

includes hire, accept, and borrow, and "purchasing" any and all variations of the terms of "sell"

and "purchase" shall be construed accordingly.

     (13) "Semiautomatic" means any firearm capable of utilizing a portion of the energy of a

firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a

separate pull of the trigger to fire each cartridge.

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     SECTION 4. 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 -- GUN CONTROL AND SAFE FIREARMS ACT

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     This act would impose restrictions on the manufacture, transfer and possession of certain

semiautomatic assault weapons. It would ban large capacity ammunition feed devices.

     This act would take effect upon passage.

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