2015 -- H 5368

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LC000456

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Casey, Chippendale, Carnevale, O'Brien, and Newberry

     Date Introduced: February 11, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-35.2 of the General Laws in Chapter 11-47 entitled

"Weapons" is hereby amended to read as follows:

     11-47-35.2. Sale of rifles/shotguns. -- (a) No person shall deliver a rifle or shotgun to a

purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day

following the day of application for the purchase, and when delivered, the rifle or shotgun shall

be unloaded and securely wrapped, with the bill of sale for it to be enclosed within the wrapper

with the rifle or shotgun. Any citizen of the United States and/or lawful resident of this state who

is eighteen (18) years of age or older, and any non-resident member of the armed forces of the

United States who is stationed in this state and who is eighteen (18) years of age or older, may,

upon application, purchase or acquire a rifle or shotgun. At the time of applying for the purchase

of a shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the

application form described in this section, and in no case shall it contain the serial number of the

rifle or shotgun.

     (Face of application form)

      (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

and forward by registered mail or by delivery in person, the original and duplicate copies of the

application to the superintendent of the Rhode Island state police or the chief of police in the city

or town in which the seller has his or her residence or place of business. The superintendent of the

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Rhode Island state police or the chief of police in the city or town in which the person has his or

her residence or place of business shall mark or stamp the original copy of the application form

with the date and time of receipt and return it by the most expeditious means to the seller. The

triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

registered mail to the attorney general. The person shall retain the original copy duly receipted by

the police authority to whom sent or delivered for a period of six (6) years with other records of

the sale. It shall be the duty of the police authority to whom the duplicate copy of the application

form is sent or delivered to make a background check of the applicant to ascertain whether he or

she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

seven (7) days from twelve o'clock (12:00) noon of the day following application, no

disqualifying information has been received from the investigating police authority by the person

who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant.

Upon the finding of no disqualifying information under the provisions of the above cited sections

of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

and triplicate copies records of the application will be destroyed. Retention of the duplicate and

triplicate copies records in violation of this chapter or any unauthorized use of the information

contained in them by a person or agency shall be punishable by a fine of not more than one

thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at

wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the

provisions of § 11-47-39. (c) The provisions of this section shall not apply to full-time members

of the state police, full-time members of city or town police departments, persons licensed under

§§ 11-47-9 and 11-47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as

defined in § 11-47-2.

     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 delete unnecessary language with regard to the destruction of application

records for the purchase of a rifle or shotgun, if an applicant is not otherwise disqualified under

any other applicable provision of the general laws.

     This act would take effect upon passage.

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