2016 -- S 2491

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LC004256

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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 Coyne, Conley, Nesselbush, Metts, and Goodwin

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     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 or who is a fugitive from justice shall purchase, own, carry, transport, or have

in his or her possession any firearm.

     (b) No person who is subject to an order issued pursuant to chapter 8.1 of title 8 or

chapter 15 of title 15, or an equivalent order in this state or elsewhere, that was issued after the

restrained person received notice of the proceedings and had an opportunity to be heard, shall

purchase, own, carry, transport, or have in their possession or control any firearm.

      (b)(c) 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.

      (c)(d) 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, own, 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)(e) 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 January 1, 2017.

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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 prohibit any person subject to a domestic assault/domestic abuse

restraining order conviction of a felony offense for domestic violence, and serving a sentence

under community confinement, from owning or carrying a firearm.

     This act would take effect on January 1, 2017.

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