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:

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

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is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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issuing a license or permit under this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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one shall serve as chairman of the board.

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

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

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

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

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

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

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

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

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

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

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

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

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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

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

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

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

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

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

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

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sought, forthwith and without further hearing.

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

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

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

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shall have the power to compel attendance at its sessions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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     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 create a board within the executive department to hear appeals of the

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denial of applications to carry a concealed fire arm.

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     This act would take effect upon passage.

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