2017 -- H 5067

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives Amore, Regunberg, Blazejewski, Kazarian, and Ajello

     Date Introduced: January 11, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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is hereby amended to read as follows:

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

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fugitive from justice.

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     (a) No person who has been convicted in this state or elsewhere of a crime of violence or

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

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possession any firearm.

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

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

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

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date of that conviction. No person who has been convicted of an offense punishable as a

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misdemeanor offense under §12-29-2 shall purchase, own, carry, transport, or have in their

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possession any firearm, for a period of ten (10) years following the expiration of the sentence

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imposed for that conviction.

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

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an offense punishable as a misdemeanor offense under §12-29-2; and

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

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

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

 

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

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possession any firearm.

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

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

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

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

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

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

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

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

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deferment of sentence nor of probation.

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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 prohibit any person convicted of a misdemeanor offense under §12-29-2

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(a crime involving domestic violence) from purchasing, owning, transporting, carrying, or

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possessing any firearm. Offenses punishable as petty misdemeanors would be excluded from this

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prohibition. Further, it would provide that those people who have had their convictions expunged,

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set aside, or who have had their civil rights restored would not be considered a prohibited person

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under this chapter.

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     This act would take effect upon passage.

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