2016 -- H 7853

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LC004007

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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: Representative Raymond H. Johnston

     Date Introduced: March 03, 2016

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

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by adding thereto the following section:

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     11-47-35.4. Sale or transfer to a party who is not intended owner or processor. – (a)

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No person, entity or dealer shall sell, loan, or transfer a firearm to any person whom the person,

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entity or dealer knows or has cause to believe is not the actual purchaser or transferee of the

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firearm, or to anyone who is not the one actually being loaned the firearm, if the person, entity or

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dealer has knowledge that the firearm is to be subsequently sold, loaned or transferred to avoid

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the application process or disclosure forms required by §§11-47-35 or 11-47-35.2.

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     (b) No person, entity or dealer shall acquire a firearm for the purpose of selling, loaning

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or transferring the firearm, if the person, entity or dealer has the intent to avoid the provisions of

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§§11-47-35 or 11-47-35.2.

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     (c) Any person violating the provisions of this section shall, upon conviction, be punished

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by imprisonment for not less than one, nor more than ten (10) years, or by a fine up to ten

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thousand dollars ($10,000), or both. Any person violating the provisions of this section upon a

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second or subsequent conviction shall be punished by imprisonment for not less than two (2)

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years, nor more than fifteen (15) years or a fine up to fifteen thousand dollars ($15,000), or both.

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Any person convicted of a second or subsequent offense shall not be afforded the provisions of

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suspension or deferment of sentence, nor probation.

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     (d) This section shall not apply to the temporary loan of a firearm to a person who may

 

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lawfully possess a firearm while that person is lawfully hunting or lawfully target shooting with

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this state or lawfully engaged in any of the activities authorized by §11-47-9.

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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 provide that no person, entity, or dealer shall sell, loan, transfer or acquire

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a firearm from any person, entity or dealer with the intent to avoid the application/disclosure

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process required by §§11-47-35 or 11-47-35.2. The act of loaning or transferring a gun to a

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person who may lawfully possess a gun for lawful purposes such as hunting or target shooting

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would be exempt from this prohibition.

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     This act would take effect upon passage.

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