2017 -- H 5437

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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 Maldonado, Coughlin, Kazarian, Cunha, and Barros

     Date Introduced: February 09, 2017

     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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     11-47-24.1. Alteration of distinctive markings of imitation firearms.

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     (a) No person shall change, alter, remove, obliterate any coloration or markings that are

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required by an applicable state or federal law or regulation, including, but not limited to, 15

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U.S.C. 5001, as amended, for any imitation firearm in any way that make the imitation firearm

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look like an operable firearm, as defined in this chapter.

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     (b) Any violation of this section shall be, upon conviction, subject to imprisonment of up

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to one year, a fine of up to one thousand dollars ($1,000), or both.

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     (c) This section shall not apply to lawful use of such an imitation firearm in theatrical

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productions, including motion pictures, television, and stage production.

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     SECTION 2. Sections 11-47-2 and 11-47-24 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby amended to read as follows:

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     11-47-2. Definitions.

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     When used in this chapter, the following words and phrases are construed as follows:

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

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§ 921.

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

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

 

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

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

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

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

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

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

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

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felony offense under § 12-29-5.

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

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

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

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

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

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firearm under the provisions of this section.

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

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

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violence or to avoid giving testimony in any criminal proceeding.

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

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

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

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

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

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by the city or town charter or by state law.

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

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

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

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

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

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possession or under the control of a person.

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

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

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

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designed for the use of blank cartridges only.

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

 

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

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

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

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

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

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     (12) "Imitation firearm" means any toy gun, replica of a firearm, or other device that is so

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substantially similar in coloration and overall appearance to a firearm, as defined in this chapter,

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as to lead a reasonable person to perceive that device as a firearm.

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     11-47-24. Alteration of marks of identification on firearms.

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     (a) No person shall change, alter, remove, insert, or obliterate the name of the maker,

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model, manufacturer's number, or any other mark of identification, or if there is no name of the

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maker, model, or manufacturer's number then any other mark of identification on any firearm.

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     (b) No person shall, absent recertification paperwork, knowingly receive, transport, or

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possess any firearm which has had the name of the maker, model, or manufacturer's serial

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number, or any other mark of identification on any firearm changed, removed, altered, inserted or

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obliterated, or if there is no name of the maker, model, or manufacturer's number then any other

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mark of identification on any firearm.

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     (c) Possession of any firearm, absent recertification paperwork, upon which the name of

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the maker, model, manufacturer's number, or any other mark of identification on any firearm, or

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if there is no name of the maker, model, or manufacturer's number then any other mark of

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identification on any firearm has been changed, altered, removed, inserted or obliterated shall be

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prima facie evidence that the possessor has changed, altered, removed, or obliterated.

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     (d) A person in possession of a firearm, with proof of ownership and/or transfer from a

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FFL dealer, may apply for recertification of that firearm from a Rhode Island based licensed

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firearms business owner who also is an FFL dealer or a local police chief and/or police

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department official if the name of the maker, model, manufacturer's number, or any other mark of

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identification on any firearm, or if there is no name of the maker, model, or manufacturer's

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number then any other mark of identification on the firearm has been only partially damaged.

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     (e) The Rhode Island based licensed firearms business owner who is also an FFL dealer

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or a local police chief and/or police department official shall, within sixty (60) days of the

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application if he or she is reasonably able to verify the firearm ownership and identifying marks

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recertify the firearm or return the firearm to the person who presented it, certify by written

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notarized documentation that the firearm's name of the maker, model, manufacturer's number, or

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any other mark of identification on any firearm, or if there is no name of the maker, model, or

 

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manufacturer's number then any other mark of identification on the firearm has been partially

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damaged and is still identifiable and traceable to the record owner.

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     (f) The sale or transfer of a recertified firearm and/or the submission of a report by the

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record owner that the firearm was stolen immediately voids all recertification documentation.

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     (g) Violation of the provisions of this section may be punished by imprisonment for not

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more than five (5) years.

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     (h) This section shall not apply to the lawful exchange of component parts of any

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firearms, nor to any antique and collectible weapons legally possessed by collectors and dealers

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of firearms as provided in section 11-47-25.

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     (i) This section shall not apply to lawful use of such a firearm in theatrical productions,

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including motion pictures, television, and stage productions.

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     (j) This section shall not be construed to apply to safety devices that are used to prevent

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the unintentional discharge of a firearm.

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     (k) For purposes of this section, the term "mark of identification" means and includes, but

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is not limited to, orange or otherwise brightly colored plugs or tips inserted into the barrel of any

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firearm.

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     SECTION 3. 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 define imitation firearm and provide that is unlawful for any person to

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change, alter, remove, or obliterate any coloration or makings that are required by an applicable

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state or federal law or regulation for any imitation firearm in any way that makes the imitation

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firearm look to be an operable firearm. Violation of this section would be punishable by

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imprisonment for up to one year, or a fine of up to one thousand dollars ($1,000), or both.

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     This act would also prevent a person from receiving or possessing a firearm on which any

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mark of identification on the firearm has been changed.

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     This act would take effect upon passage.

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