2017 -- S 0840

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LC002402

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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: Senators Coyne, Seveney, Conley, and DiPalma

     Date Introduced: April 27, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-11 and 11-47-34 of the General Laws in Chapter 11-47

entitled "Weapons" are hereby repealed.

     11-47-11. License or permit to carry concealed pistol or revolver.

     (a) The licensing 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 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, description, and signature of the licensee and the

reason given for desiring a license or permit and in no case shall it contain the serial number of

any firearm. The original shall be delivered to the licensee. 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.

     11-47-34. Firearms permits to minors.

     The Rhode Island state police or the chief of police of the city or town in which the

person resides shall issue permits to any person under eighteen (18) years of age only upon

satisfactory proof of being engaged in a course of training in the use of firearms at a regular and

recognized camp or rifle range, and provided that the person has the written consent of a parent or

guardian. Valid membership cards of junior gun clubs or of junior divisions of senior gun clubs

incorporated in the state of Rhode Island shall be prima facie evidence of the person under

eighteen (18) years of age being engaged in a course of training in the use of firearms at a regular

and recognized camp or rifle range.

     SECTION 2. Sections 11-47-8, 11-47-9.1, 11-47-12, 11-47-13, 11-47-18, 11-47-35.1, 11-

47-35.2 and 11-47-60 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby

amended to read as follows:

     11-47-8. License or permit required for carrying pistol -- Possession of machine gun.

     (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-

12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

person whether visible or concealed, except in his or her dwelling house or place of business or

on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of

these sections shall not apply to any person who is the holder of a valid license or permit issued

by the licensing authority of another state, or territory of the United States, or political

subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

person is merely transporting the firearm through the state in a vehicle or other conveyance

without any intent on the part of the person to detain him or herself or remain within the state of

Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

otherwise provided in this chapter. Every person violating the provision of this section shall, upon

conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

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a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this

section shall not be afforded the provisions of suspension or deferment of sentence, nor a

probation.

     (b) No person shall have in his or her possession or under his or her control any sawed-

off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this

subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five

thousand dollars ($5,000), or both.

     (c) No person shall have in his or her possession or under his or her control any firearm

while the person delivers, possesses with intent to deliver, or manufactures a controlled

substance. Any person convicted of violating this subsection shall be punished by imprisonment

for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

consecutive to any sentence the person may receive for the delivery, possession with intent to

deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

this subsection that a person has a license or permit to carry or possess a firearm.

     11-47-9.1. Additional exemptions.

     The provisions of §§ 11-47-8 and 11-47-11 11-47-18 shall not apply to members of the

state police, members of city or town police forces, and members of the Rhode Island airport

police department. Persons exempted by the provisions of this section from the provisions of §

11-47-8 shall have the right to carry concealed firearms everywhere within this state; provided,

that this shall not be construed as giving the right to carry concealed firearms to a person

transporting firearms as merchandise or as household or business goods.

     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 issuing it. 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.

     11-47-13. Revocation of license or permit.

     Any license or permit may be revoked for just cause at any time by the authority granting

it, and, upon revocation, the authority shall give immediate notice to the attorney general, who

shall immediately note the revocation, with the date of revocation, upon the copy of the license or

permit on file in his or her office.

     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)

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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, subject to the provisions of §§ 11-47-12 and 11-47-15; that

license or permit may be issued notwithstanding the provisions of § 11-47-7. Such person must

undergo a national criminal records check, which shall include fingerprints submitted to the

Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department

of attorney general. The applicant shall be responsible for the cost of conducting the national

criminal records check.

     (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 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) Local law enforcement agencies shall cooperate with the attorney general throughout

the permitting process.

     11-47-35.1. Persons exempt from section 11-47-35.

     The provisions of § 11-47-35 shall not apply to full-time members of the state police,

full-time members of the state marshal's office, full-time members of city or town police

departments, or state marshals or correctional officers or persons licensed under § 11-47-11 11-

47-18.

     11-47-35.2. Sale of rifles/shotguns.

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

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purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of

the United States and/or lawful resident of this state who is eighteen (18) years of age or older,

and any non-resident member of the armed forces of the United States who is stationed in this

state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a

rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall

complete and sign in triplicate and deliver to the seller the application form described in this

section, and in no case shall it contain the serial number of the rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

     Date............................................... Hour ……………………………............. A.M. P.M.

     Name............................................................................................................................

     Address..........................................................................................................................

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

     Date of Birth ………………….......... Place of Birth.........................................................

     Height.................... Weight............................... Color hair............................................

     Color eyes........................................................................................................................

     Scars................................................................................................................................

     Tattoos.............................................................................................................................

     Other identifying marks....................................................................................................

     Are you a citizen of the United States ................................................................................

     Are you a citizen of Rhode Island.......................................................................................

     How long...........................................................................................................................

     Where stationed.................................................................................................................

(Armed Forces only)........................................................................................................

     Have you ever been convicted of a crime of violence.........................................................

     (See § 11-47-2 General Laws of Rhode Island)

     Have you ever been adjudicated or under confinement as addicted to a controlled

     substance..........................................................................................................................

     Have you ever been adjudicated or under confinement for

alcoholism..................................

     Have you ever been confined or treated for mental illness....................................................

     From whom is shotgun or rifle being purchased...................................................................

     Seller's address.....................................................................................................................

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     Seller's signature...................................................................................................................

     Applicant's signature.............................................................................................................

     (See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

and that I am aware of the penalties for violation of the provisions of the cited sections.

     Signed................................................................................................................................

     County of...........................................................................................................................

     State of Rhode Island Subscribed and sworn before me this.... day of.... A.D. 20...

     Notary Public

     ………………………...

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

and forward by registered mail or by delivery in person, the original and duplicate copies of the

application to the superintendent of the Rhode Island state police or the chief of police in the city

or town in which the seller has his or her residence or place of business. The superintendent of the

Rhode Island state police or the chief of police in the city or town in which the person has his or

her residence or place of business shall mark or stamp the original copy of the application form

with the date and time of receipt and return it by the most expeditious means to the seller. The

triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

registered mail to the attorney general. The person shall retain the original copy duly receipted by

the police authority to whom sent or delivered for a period of six (6) years with other records of

the sale. It shall be the duty of the police authority to whom the duplicate copy of the application

form is sent or delivered to make a background check of the applicant to ascertain whether he or

she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

seven (7) days from twelve o'clock (12:00) noon of the day following application, no

disqualifying information has been received from the investigating police authority by the person

who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant.

Upon the finding of no disqualifying information under the provisions of the above cited sections

of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate

copies in violation of this chapter or any unauthorized use of the information contained in them

by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

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licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §

11-47-39.

     (c) The provisions of this section shall not apply to full-time members of the state police,

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-

2.

     11-47-60. Possession of firearms on school grounds.

     (a) (1) No person shall have in his or her possession any firearm or other weapons on

school grounds.

     (2) For the purposes of this section, "school grounds" means the property of a public or

private elementary or secondary school or in those portions of any building, stadium, or other

structure on school grounds which were, at the time of the violation, being used for an activity

sponsored by or through a school in this state or while riding school provided transportation.

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

sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be

fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

     (4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to

whatever other penalties are imposed by the family court, lose his or her license to operate a

motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to

obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain

the license when eligible to do so, for a period of up to six (6) months.

     (b) The provisions of this section shall not apply to any person who shall be exempt

pursuant to the provisions of §§ 11-47-9, 11-47-11, and 11-47-18 or to the following activities

when the activities are officially recognized and sanctioned by the educational institution:

     (1) Firearm instruction and/or safety courses;

     (2) Government-sponsored military-related programs such as ROTC;

     (3) Interscholastic shooting and/or marksmanship events;

     (4) Military history and firearms collection courses and/or programs; and

     (5) The use of blank guns in theatrical and/or athletic events.

     (c) The provisions of this section shall not apply to colleges, universities, or junior

colleges.

     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 limit the issuance of pistol and revolver carry permits to the office of the

attorney general.

     This act would take effect upon passage.

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