2015 -- S 0529

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LC000446

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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: Senators Miller, and Goldin

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

is hereby amended to read as follows:

     11-47-11. License or permit to carry concealed pistol or revolver. -- (a) The licensing

authorities authority, police department or enforcement entity providing police services of any

city or town shall may issue a license or permit to, upon application of any person twenty-one

(21) years of age or over having a bona fide residence or place of business within the city or

town, or of any person twenty-one (21) years of age or over having a bona fide residence within

the United States and a license or permit to carry a pistol or revolver concealed upon his or her

person issued by the authorities of any other state or subdivision of the United States, provided

the applicant can show that he or she has undertaken, at a minimum, the requirements set forth in

§ 11-47-15, issue a license or permit to the person to carry concealed upon his or her person a

pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears

that the applicant has good reason to fear an injury to his or her person or property or has any

other proper reason for carrying a pistol or revolver, upon proper showing of need, and that he or

she is a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and 11-47-15.

The license or permit shall be in triplicate in form to be prescribed by the attorney general and

shall bear the fingerprint, photograph, name, address, description, and signature of the licensee

and the reason given for desiring a license or permit and in no case shall it contain the serial

number of any firearm. The original shall be delivered to the licensee. Any member of the

licensing authority, its agents, servants, and employees shall be immune from suit in any action,

civil or criminal, based upon any official act or decision, performed or made in good faith in

issuing a license or permit under this chapter.

      (b) Notwithstanding any other chapter or section of the general laws of the state of

Rhode Island, the licensing authority of any city or town shall not provide or release to any

individual, firm, association or corporation the name, address, or date of birth of any person who

has held or currently holds a license or permit to carry a concealed pistol or revolver. This section

shall not be construed to prohibit the release of any statistical data of a general nature relative to

age, gender and racial or ethnic background nor shall it be construed to prevent the release of

information to parties involved in any prosecution of § 11-47-8 or in response to a lawful

subpoena in any criminal or civil action which the person is a party to that action.

     (c) Firearms licensing review board - Appeals to board - Hearings. There shall be

established a firearms licensing review board, within the executive branch, hereinafter referred to

as "the board", to be comprised of seven (7) members; two (2) of whom shall be designated by

the governor, one of whom shall be a federally licensed gun merchant, and one of whom shall be

the chief of police of a Rhode Island city or town; one of whom shall be the superintendent of the

state police, or designee; two (2) of whom shall be designated by the Rhode Island attorney

general; one of whom shall be designated by the director of environmental management; and one

of whom shall be designated by the director of the state department of health and human services.

The designees of the attorney general shall be attorneys licensed in the state of Rhode Island and

one shall serve as chairman of the board.

     (d) Any person aggrieved by any refusal to issue or renew a permit or license under § 11-

47-11 or by any limitation or revocation of a permit or certificate issued under any of said

sections as provided in §11-47-11, may, within ninety (90) days after receipt of notice of such

refusal, limitation or revocation, and without prejudice to any other course of action open to such

person in law or in equity, appeal to the board. On such appeal the board shall inquire into and

determine the facts, de novo, and unless it finds that such a refusal, limitation or revocation,

would be for just and proper cause, it shall order such permit or certificate to be issued, renewed

or restored, or the limitation removed or modified, as the case may be.

     (e) Any person aggrieved by the action of an issuing authority may file with the board a

clear and concise statement of the facts on which he or she relies for relief, and shall state the

relief sought by the appellant. The aggrieved person shall have the burden of proof by a

preponderance of evidence. The receipt by the board of the appellant's statement shall initiate the

appeals process, and no appeal may be rejected for mere lack of formality. The board shall,

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within ten (10) days next following receipt of the appeal, set a time and place at which the appeal

shall be heard. The board, while such appeal is pending, may request such additional information

from the appellant and from the issuing authority as it deems reasonably necessary to conduct a

fair and impartial hearing, and shall require of the issuing authority from whose decision or action

the appeal is being sought a statement in writing setting forth the reasons for such failure, refusal,

revocation or limitation. Failure or refusal of the issuing authority to furnish such written

statement at least ten (10) days prior to the hearing shall be cause for the board to grant the relief

sought, forthwith and without further hearing.

     (f) The board shall hold hearings at such times and places as it in its discretion reasonably

determines to be required, but not less than once every ninety (90) days, and shall give reasonable

notice of the time and place of the hearing to the appellant and to the issuing authority. The board

shall have the power to compel attendance at its sessions.

     (g) All appeals hearings shall be conducted in an informal manner, but otherwise

according to the rules of evidence, and all witnesses shall be sworn by the chairperson. The board

shall cause a verbatim transcript of the hearing to be kept in such manner as it may determine,

and shall furnish such transcript to any party appealing its decision as hereinafter set forth. The

statements of witnesses made under oath shall be privileged. Decisions of the board shall be by

majority vote and shall be communicated in writing to the appellant and to the issuing authority

within twenty (20) days after the rendering of the decision. If any issuing authority neglects or

refuses to comply with a decision of the board within ten (10) days after notice of the board's

decision has been given to such issuing authority, the board shall apply to the superior court for a

writ of mandamus to enforce the board's decision. Failure of the board to provide a decision

within twenty (20) days shall be considered an approval.

     (h) Any person aggrieved by the decision of the board may appeal therefrom in

accordance with the provisions of § 42-35-15.

     (i) The board shall serve without compensation, but its members shall be entitled to

reasonable subsistence and travel allowances in the performance of their duties.

     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

***

     This act would create a board within the executive department to hear appeals of the

denial of applications to carry a concealed fire arm.

     This act would take effect upon passage.

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