2016 -- S 2730

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LC004516

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senators Goodwin, and Gallo

     Date Introduced: March 09, 2016

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-5. Possession of arms by person convicted of crime of violence or who is a

fugitive from justice. -- (a) No person who has been convicted in this state or elsewhere of a

crime of violence, who has been convicted of an offense punishable as a misdemeanor offense

under §12-29-2, or who is a fugitive from justice shall purchase, own, carry, transport, or have in

his or her possession any firearm.

      (b) Notwithstanding the provisions of subsection (a) of this section, no person convicted

of an offense punishable as a felony offense under § 12-29-5 shall purchase, own, carry,

transport, or have in his or her possession any firearm, for a period of two (2) years following the

date of that conviction. For purposes of this subsection:

     (1) Offenses punishable as a petty misdemeanor under §12-29-2 shall not be construed as

"an offense punishable as a misdemeanor offense under §12-29-2."

     (2) A person shall not be considered to have been convicted of an offense if the

conviction has been expunged or set aside, or is an offense for which the person has been

pardoned or has had their civil rights restored, unless the pardon, expungement, or restoration of

civil rights expressly provides that the person may not purchase, own, carry, transport, or have in

their possession any firearm.

      (c) No person who is in community confinement pursuant to the provisions of § 42-56-

20.2 or who is otherwise subject to electronic surveillance or monitoring devices as a condition of

parole shall purchase, carry, transport, or have in his or her possession any firearm. This

subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo

contendere to) a crime of violence in a court of competent jurisdiction.

      (d) Every person violating the provisions of this section shall, upon conviction, be

punished by imprisonment for not less than two (2) nor more than ten (10) years; and for

penalties provided in this section he or she shall not be afforded the benefit of suspension or

deferment of sentence nor of probation.

     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 preclude those convicted of misdemeanor domestic violence crimes under

§12-29-2 from purchasing, possessing, owning, or transporting a firearm. Convictions for petty

misdemeanors would not be included in this prohibition. This act would not apply to those who

have been pardoned or who have had said convictions expunged or otherwise set aside.

     This act would take effect upon passage.

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