2015 -- S 0662

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LC002062

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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 Lombardo, Ciccone, Lombardi, P Fogarty, and Kettle

     Date Introduced: March 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-12 and 11-47-18 of the General Laws in Chapter 11-47

entitled "Weapons" are hereby amended to read as follows:

     11-47-12. License or permit fee. -- A fee of forty dollars ($40.00) shall be charged and

shall be paid for each license or permit to the licensing authority issuing it upon the issuance of

the permit. Every license or permit shall be valid for four (4) years from the date when issued

unless sooner revoked. Provided, that a renewal of a license or permit to carry a pistol or revolver

pursuant to § 11-47-18 may be issued and be valid for up to six (6) years from the date of

renewal. The fee charged for issuing of the license or permit shall be applied for the use and

benefit of the city, town, or state of Rhode Island. A licensing authority may not charge any

administrative fee, application fee, processing fee, or any other fee with the exception of a

reimbursement cost for a federal background check fee.

     11-47-18. License or permit issued by attorney general on showing of need --

Issuance to retired police officers. -- (a) The attorney general may shall issue a license or permit

to any person twenty-one (21) years of age or over to carry a pistol or revolver, whether

concealed or not, upon his or her person upon a proper showing of need, subject to the provisions

of §§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions

may not be issued to and shall immediately be revoked for an individual who is in violation of §

11-47-7.

      (b) All state police officers and permanent members of city and town police forces of

this state who have retired in good standing after at least twenty (20) years of service, or retired in

good standing due to a physical disability other than a psychological impairment, may be issued a

license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15.

The term "in good standing" means that at the time of retirement, the police officer was not facing

disciplinary action that could have resulted in his or her termination for misconduct or unfitness

for office. Any member of the licensing authority, and 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.

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

Rhode Island, the attorney general 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 said person is a party to such action.

     (d) The attorney general's application for a license to carry a concealable weapon shall be

filled out completely by the applicant, dated and signed by the applicant and notarized.

     (e) The attorney general may request only the following information on the application:

     (1) Applicant's full name, prior name, if legally changed, all nicknames and aliases, full

residence address and mailing address if different (no post office boxes accepted).

     (2) All of the applicant's available phone numbers, including, but not limited to, business

cellular, mobile and land line phone numbers.

     (3) The applicant's height, weight, color of eyes and hair, date and place of birth, full

social security number.

     (4) Applicant's occupation, job description, years of employment and employer's full

address and contact information, including, but not limited to, the name of the applicants direct

supervisor and contact phone number.

     (5) Applicant's proof of citizenship, length of citizenship and if applicant is not a citizen

of the United States, a copy of both sides of a current and valid alien registration card.

     (6) A listing of all the applicant's addresses, for the last three (3) years, including the full

address with dates of residence.

     (7) Information relating to the applicants arrest record including, but not limited to, the

date applicant was arrested, the name of the city/town or arresting agency, the state the arrest

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occurred in, the arresting charge and disposition.

     (8) Information relating to the applicant's plea of nolo contendere to any charge or

violation including, but not limited to, the date the applicant was arrested, the name of the

city/town or arresting agency, the state the plea occurred in, the arresting charge and disposition.

     (9) Information relating to the applicant's conviction record including, but not limited to,

the date the applicant was arrested, the name of the city/town or arresting agency, the state the

arrest occurred in, the arresting charge and disposition.

     (10) Information relating to the applicant's indictment in any court for a crime punishable

for more than one year, including, but not limited to, the name of the city/town or indicting

agency, the state of the indictment, the indicting charge and disposition.

     (11) Information relating to the applicant if he/she was ever under a guardianship or been

subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is

under treatment or confinement as a drug addict, including, but not limited to, the dates thereof.

     (12) Information relating to the applicant's current and prior applications for a permit for

a concealed weapon from the Rhode Island attorney general, any local city or town, or any other

state, including, but not limited to, if any permit is active, expired, denied or revoked, with the

dates and reasons thereof. The attorney general may require notarized photocopies of the front

and back of all valid permits.

     (13) All non-resident applicants must include a copy of both the front and the back of

their home state permit.

     (14) A dated, signed and notarized typed statement from the applicant outlining the

applicant's specific reasons and details regarding his or her need for a Rhode Island permit. Only

a typed letter may be submitted. If the permit is to be used for employment, a typed and signed

letter of explanation must be submitted on the applicant's letterhead and included with the

application. In addition, the applicant must submit a copy of the business license as proof that the

business exists.

     (15) Enclose two (2) 1" X 1" pictures of the applicant taken without headgear or glasses.

This photo must be a clear, colored picture of the head and face. The applicant must print his/her

name on the back of each picture. No laminated photos will be accepted.

     (16) Copies of both the front and the back of two (2) types of positive identification for

the applicant, examples include, but are not limited to, birth certificate, United States passport, a

Rhode Island or other state driver's license or a Rhode Island identification card. The photocopies

submitted must be signed and dated by a notary public attesting to the photocopies as being true

copies.

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     (17) The application must include the applicant's full set of fingerprints submitted on a

FBI Fingerprint Applicant Card [FD-258 (Rev. 12-29-82)] included with the application.

Fingerprint card must be signed by the applicant. This is not necessary for a renewal application.

     (18) Three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant. The individuals used as references must include on the letters the

following information: their full names, residence address, phone number with area code and the

years they have known the applicant. An applicant's reference letter dated more than three (3)

months prior to the date of the permit application will be considered invalid. Reference letters

must be written by the reference, not the applicant and cannot be identical.

     (19) A certification that the applicant has qualified in accordance with § 11-47-15 (law

enforcement personnel may submit a certification of the Rhode Island combat course). A National

Rifle Association (N.R.A.) instructor or a police range office must sign and complete the

certification which shall include the date of the qualification, the printed name, phone number of

the instructor, instructor N.R.A. number, the caliber of the weapon and the applicant's score. An

applicant's qualification certification dated more than one year prior to the date of the permit

application will be considered invalid.

     (20) A copy of the N.R.A. instructor certification and/or the police officer's range

certification must be submitted with the application.

     (f) A copy of the application shall be delivered to the applicant's local licensing authority

or to the city or town police department for the police chief's signature. The licensing authority or

the police chief shall have a period of thirty (30) days from the date of the submission of the

application to either sign the application or to issue a written letter stating the reasons for not

signing the application. After thirty (30) days from submission the applicant may submit a copy

of the permit application to the attorney general if the licensing authority or police chief has either

not signed or has not issued a written letter opposing the applicant's application. The attorney

general shall then process the application without the signature as a constructive approval from

the licensing authority or the police chief.

     (g) The applicant shall sign an affidavit certifying that he or she has read and is familiar

with the provisions of §§ 11-47-l through 11-47-63, and acknowledges the penalties for violations

of the provisions of the cited sections. He or she shall further attest that any alteration of the

permit is just cause for revocation. The affidavit shall be dated and notarized and shall indicate

the date it was submitted to the licensing authority or the police department.

     (h) The attorney general shall within thirty (30) days from the receipt of the application

either to approve, deny or reject the application as incomplete.

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     (1) If the application is approved, the attorney general may indicate on the reverse of the

license any restriction, if any, on the license. A permit issued without any restrictive language is

deemed to be unrestricted.

     (2) If the attorney general denies the application, the applicant shall be notified, either by

mail or by phone, that the entire application is available for pick-up by the applicant along with a

written response stating the reason(s) for the denial.

     (3) If the attorney general deems the application incomplete, then the applicant shall be

notified, either by mail or by phone, that the entire application is available for pick-up by the

applicant along with a written response stating the reason(s) why the application was deemed

incomplete.

     (i) The attorney general shall within sixty (60) days from the receipt of the application

destroy any denied or rejected application which has not been picked up by the applicant after

notification.

     (j) The provisions of § 11-47-35 shall not apply to persons licensed under § 11-47-18.

     (k) The attorney general's renewal application for a license to carry a concealable weapon

shall be as follows:

     (1) The applicant must submit a fully complete, signed, dated and notarized renewal

application to the applicant's local licensing authority or to the city or town police department at

least forty-five (45) days prior to the expiration date of the permit.

     (2) The renewal application shall include only the information included in subsection

(e)(1) through (e)(13) of this section.

     (3) The licensing authority or the police chief shall have a period of fourteen (14) days

from the date of the submission of the renewal to either sign the renewal or to issue a written

letter stating the reasons for not signing the renewal. After fourteen (14) days from submission

the applicant may submit a copy of the renewal application to the attorney general if the licensing

authority or police chief has either not signed or has not issued a written letter opposing the

applicant's renewal. The attorney general shall then process the renewal without the signature as a

constructive approval from the licensing authority or the police chief.

     (4) The attorney general shall within fourteen (14) days of receipt of the renewal

application, if there is no substantial change in the applicant's renewal application, no substantial

change in need, no change in the applicant's criminal history and no change in the applicant's

background check, automatically approve the renewal application.

     (5) The renewal permit shall be, at a minimum, issued with the same restrictions, if any,

as the prior permit, except that the renewal may be for a period of up to six (6) years from the

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date of renewal, pursuant to § 11-47-12.

     (i) The attorney general shall establish and maintain an emergency permit extension on

the renewal application for a license to carry a concealable weapon.

     (A) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year attorney general license to carry a

concealable weapon and who must maintain this license for work purposes.

     (B) The applicant must submit to the attorney general a notarized affidavit, which form is

approved by the attorney general, which states as of the date of the execution of the form he or

she has submitted a fully complete, signed, dated and notarized renewal application to the

applicant's local licensing authority or to the city or town police department within thirty (30)

days prior to the expiration date of his or her permit.

     (C) A complete copy of the permit application shall be delivered along with the affidavit

to the department of the attorney general.

     (D) The attorney general shall, within three (3) business days of receipt of the renewal

application copy and affidavit, if there is no substantial change in the applicant's renewal

application, no substantial change in need, no change in the applicant's criminal history and no

change in the applicant's background check, automatically approve the emergency permit

extension.

     (E) A fee of fifty dollars ($50.00) shall be charged and shall be paid to the attorney

general for the emergency permit extension upon the issuance of the emergency permit.

     (F) The emergency permit extension shall be valid for forty-five (45) days from issuance

and shall not be extended.

     (G) Nothing in the emergency permit extension section shall be construed or interpreted

to stay or toll the time periods in the renewal process as outlined in subsection (h) of this section.

     SECTION 2. This act shall take effect upon passage.

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LC002062

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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 require the forty dollar ($40.00) fee for a concealed weapon permit be

paid once the permit is issued. It would also prohibit illegal aliens from holding a concealed carry

permit, and make changes to the application process. It would also provide that the renewal of the

permit to carry a concealed weapon could be renewed for up to six (6) years.

     This act would take effect upon passage.

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LC002062

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