2016 -- S 2647

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LC004809

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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 Lombardo, McCaffrey, Kettle, Walaska, and Archambault

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in

Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

construed as follows:

      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

§ 921.

      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-

28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

dangerous weapon, assault or battery involving grave bodily injury, and/or assault with intent to

commit any offense punishable as a felony; upon any conviction of an offense punishable as a

felony offense under § 12-29-5.

      (3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

and except instruments propelling projectiles which are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

      (4) "Fugitive from justice" means any person who has fled from any state, territory, the

District of Columbia, or possession of the United States to avoid prosecution for a crime of

violence or to avoid giving testimony in any criminal proceeding.

      (5) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

      (6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

readily restored to shoot automatically more than one shot, without manual reloading, by a single

function of the trigger. The term also includes the frame or receiver of the weapon, any

combination of parts designed and intended for use in converting a weapon into a machine gun,

and any combination of parts from which a machine gun can be assembled if the parts are in the

possession or under the control of a person.

      (7) "Person" includes an individual, partnership, firm, association, or corporation.

      (8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

designed for the use of blank cartridges only.

      (9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

(26") and/or barrel length of less than sixteen inches (16").

      (10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

inches (26") and/or barrel length of less than eighteen inches (18").

      (11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

     (12) "Suitable person" means any person who is not prohibited by state law from

possessing a pistol or revolver. A person may be considered unsuitable if the licensing authority

has clear and convincing evidence that the person is a clear and present danger to themselves, or

to another person. Any person may be considered unsuitable if they are a bona fide member of a

criminal street gang as defined in §12-19-39.

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

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authorities of any city or town shall, upon application of any person twenty-one (21) years of age

or over having a bona fide residence or place of business within the city or town, or of any person

twenty-one (21) years of age or over having a bona fide residence within the United States and a

license or permit to carry a pistol or revolver concealed upon his or her person issued by the

authorities of any other state or subdivision of the United States, issue a license or permit to the

person to carry concealed upon his or her person a pistol or revolver everywhere within this state

for four (4) years from date of issue, if it appears that the applicant has good reason to fear an

injury to his or her person or property or has any other proper lawful reason for carrying a pistol

or revolver, and that he or she is a suitable person to be so licensed. The license or permit shall be

in triplicate in form to be prescribed by the attorney general and shall bear the fingerprint,

photograph, name, address, and description, and signature of the licensee and the reason given for

desiring a license or permit of the permit holder. In and in no case shall it contain the serial

number of any firearm. The original shall be delivered to the licensee. The licensing authority

shall retain a copy of the permit for its records and send a copy to the attorney general. All

permits issued or renewed pursuant to this section shall be recorded in the Rhode Island criminal

history database, or its successor system. Any member of the licensing authority, 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.

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

Rhode Island, the licensing authority of any city or town 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 the person is a party to that action.

     (c) The licensing authority shall, within five (5) calendar days, return any incomplete

application to the applicant along with a written explanation of why the application is incomplete.

     (d) The licensing authority shall approve or deny a complete application within forty-five

(45) days of receiving it. Within seven (7) business days after approval, the license shall be made

available for the applicant to pick up in person or, at the request and expense of the applicant, be

delivered by mail. Any denial shall be in writing and state the evidence upon which the licensing

authority based its decision and the rationale for the denial. Failure by the licensing authority to

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approve or deny within the time allowed shall constitute a denial for the sole purpose of

permitting an appeal by the applicant and for no other purpose, and shall create a presumption

that no evidence exists indicating that the applicant is unsuitable.

     (e) No licensing authority shall effect a denial without first affording the applicant an

administrative hearing pursuant to the provisions of §42-35-9.

     (f) Any applicant may seek judicial review or an adverse administrative decision pursuant

to the provisions of §42-35-15.

     (g)(1) Each licensing authority shall make its application available to any person by:

     (i) Posting it on its website, if it has one; and

     (ii) Making it immediately available to any person who requests it in person; and

     (iii) For any request made other than in person, providing it by mail within seven (7)

days.

     (2) All licensing authorities of a city or town shall use the following application:

     Application for a concealed carry license pursuant to §11-47-11

     Name

     Address

     (Street and number) (City or town) (State)

     Date of birth, place of birth

     Height, Weight, Color hair, Color eyes

     Are you a citizen of the United States?

     If you are not a United States Citizen, please list your admission number

     ARMY L or COMBAT COURSE shooting score:

     Name and certification number of the National Rifle Association (NRA) instructor or RI

instructor:

     Signature of instructor

     Have you ever been convicted of a crime of violence?

     Are you a fugitive from justice?

     Have you ever been adjudicated as being addicted to a controlled substance?

     Have you ever been adjudicated mentally incompetent?

     Have you ever been dishonorably discharged from the United States Military?

     To your knowledge, are you prohibited by federal or state law from possessing a firearm?

     For what lawful purpose do you seek to carry a pistol or revolver?

     Applicant's signature

     Willfully and knowingly providing false information in completing and submitting this

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application is a felony and may be punished by a fine of not more than five thousand dollars

($5000), imprisonment for not more than five (5) years, or both pursuant to §11-47-23.

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of the

Firearms Act of the general laws of the State of Rhode Island and Providence Plantations, §§11-

47-1 through 11-47-63, inclusive, and that I am aware of the penalties for violation of the

provisions the cited sections.

     Signed

     (over)

     County of

     State of Rhode Island (or other jurisdiction)

     Subscribed and sworn before me this (month, date, year)

     Notary Public

     My commission expires:

     (h) All applicants shall include two (2) forms of identification, such as a driver's license,

state issued non-driver ID card, concealed carry permit issued by any state or political subdivision

of any state, passport, immigration documentation, military ID, student ID, social security card,

or a birth certificate, at least one of which must be a government issued photo ID.

     (i) The licensing authority may require any applicant to include an FBI fingerprint

applicant card {FD-258, (Rev 12-10-07)}, or provide fingerprints by livescan, with the

application, except that this shall not be a requirement for a renewal applicant.

     (j) All applicants shall include a copy of the instructor's credentials for the instructor who

certified their score on their application.

     (k) Any permit issued pursuant to this section is eligible to be renewed under this section

if it is not expired, or has been expired for less than one year. Any person whose permit has been

expired for one year or more may apply for a new permit under this section.

     (l) No licensing authority shall require any additional forms, standards, information, or

other additional requirements unless specifically requested by, or provided by, the applicant.

     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 or the attorney general upon

issuance issuing it. No additional fees or costs of any type shall be charged for any reason, except

that any actual fee charged by the Federal Bureau of Investigation to process fingerprints may be

charged to the applicant. Every license or permit shall be valid for four (4) years from the date

when issued unless sooner revoked. 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.

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

Issuance to retired police officers. -- (a) The attorney general may 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, and that they are a suitable person

to be so licensed 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 used by, and shall be immediately

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 shall 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 shall request the following and 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 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, and

social security number.

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

and contact information, except that this information may only be required if the permit is being

requested as a condition of employment with a specific company.

     (5) Applicant's proof of citizenship, length of citizenship and if the 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 of the applicant's address for the last three (3) years, including the full

address with dates or residence.

     (7) Information relating to the applicant's arrest record including, but not limited to, the

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

the arrest occurred, the arresting charge and disposition.

     (8) Information relating to the applicant's plea of nolo contendere or guilty 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 in which the plea occurred, 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 in

which the arrest occurred, 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 arresting

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

     (11) Information relating whether the applicant 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 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, denies 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 back of their

home state permit, if they have one.

     (f) The attorney general shall request the following and only the following requirements

with the application:

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

applicant's specific reasons and details regarding their need for a Rhode Island permit.

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Handwritten letters shall not be accepted. 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.

     (2) Two (2) one inch (1") by one inch (1") photographs of the applicant taken without

headgear or glasses. The photograph must be a clear, colored picture of the head and face. The

applicant must PRINT their name on the back of each photograph. No laminated photos will be

accepted.

     (3) Copies of both the front and 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's driver's license or state issued identification card, concealed carry

permit issued by any state or political subdivision of any state, military ID, student ID or social

security card, at least one of which must be a government issued photo ID. The photocopies

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

copies.

     (4) The applicant must include a full set of fingerprints submitted on an FBI Fingerprint

Application Card, signed by the applicant, ({FD-258 (Rev. 12-10-07)} with the application. This

is not necessary for a renewal application.

     (5) 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 name, 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. This requirement is

not necessary for a renewal application.

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

provided that law enforcement personnel may submit a certification of the RI combat course. A

National Rifle Association (hereinafter "NRA") instructor or a police range officer must sign and

complete the certification which include the date of the qualification, the printed name, phone

number of the instructor, instructor NRA number, the caliber of the weapon and the applicant's

score. An applicant's qualification dated more than one year prior the date of the permit

application will be considered invalid.

     (7) A copy of the NRA instructor certification and/or police officer's range certification

must be submitted with the application.

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     (8) Proof of the applicant's legal residence may be required. The residency requirement

may be satisfied by any one of the following methods: the application may be signed by the

applicant's local licensing authority, the application may be signed by the city or town chief of

police, the application may be signed by the city or town clerk or the applicant may submit a

certified or notarized copy of the applicant's voter registration card.

     (9) The applicant shall sign an affidavit certifying that they have read and is familiar with

the provisions of §§11-47-1 through 11-47-63, inclusive, of the general laws of Rhode Island, as

amended, and acknowledges the penalties for violations of the provisions of the cited sections.

They 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.

     (g) The attorney general shall, within sixty (60) days for an in-state applicant or ninety

(90) days for an out-of-state applicant, from receipt of the application, either approve or deny the

application.

     (1) If the application is approved, the attorney general may require the applicant to be

present in the office of the attorney general to sign and submit a fingerprint for the permit.

     (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. Any denial

shall be in writing and state the evidence upon which the licensing authority based its decision

and the rationale for the denial.

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

notified, either by mail or by phone, within five (5) business days from submitting the

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

written response stating reason(s) why the application was deemed incomplete.

     (h) An applicant denied a permit pursuant to §11-47-18 may seek judicial review

pursuant to the provisions of chapter 35 of title 42.

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

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

shall be as follows:

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

application to the attorney general prior to the expiration date of the permit.

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

application with the following exceptions:

     (i) The three (3) dated, signed and notarized typed reference letters from individuals who

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personally know the applicant are not required.

     (ii) The fingerprint card requirement is not required.

     (3) The attorney general shall within thirty (30) days of receipt of the renewal

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

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

renewal application.

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

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

     (1) 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 the permit for work purposes.

     (2) A complete copy of the permit application shall be delivered to the office of the

attorney general.

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

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

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

emergency permit extension.

     (4) 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.

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

and shall not be extended.

     (6) 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 herein.

     SECTION 2. This act shall take effect upon passage.

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LC004809

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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 amend the application process for carrying a concealed weapon and

would set forth the requirements on each application, whether to the city or town police chief or

to the attorney general and would also codify the requirements used by the attorney general in

issuing a concealed weapon permit. It would also provide for a review process for those

applications that are denied and would set time limits on the approval or denial process.

     This act would take effect upon passage.

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