2018 -- H 8024

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LC005277

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives Diaz, Slater, Maldonado, Tanzi, and McKiernan

     Date Introduced: March 29, 2018

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-4, 11-47-30, 11-47-31, 11-47-32, 11-47-33, 11-47-34 and

11-47-35.2 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read

as follows:

     11-47-4. Being armed prima facie evidence of intention.

     In the trial of a person for committing or attempting to commit a crime of violence, the

fact that he or she was armed with or had available a pistol or revolver without license to carry it,

or was armed with or had available a machine gun, or was armed with or had available a rifle or

shotgun in violation of this chapter, shall be prima facie evidence of his or her intention to

commit the crime of violence.

     11-47-30. Sale, transfer or delivery of firearms to minors.

     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18)

twenty-one (21) years of age, when the person knows or has reason to know that the recipient is

under eighteen (18) twenty-one (21) years of age, except for the limited purposes set forth in §§

11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of

the minor.

     (b) Every person violating this section shall be punished, upon conviction, by

imprisonment for not less than ten (10) years and not more than twenty (20) years. The

prohibitions of this section shall not apply to any federally and state licensed retail dealer who

makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle,

air pistol, "blank gun" or "BB gun."

     11-47-31. Sale, transfer or delivery of ammunition to minors.

     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

cause to be sold, transferred, given or conveyed any ammunition, including any priming charge of

powder, propelling charge of powder, or any form of missile or projectile to be ejected from a

firearm to any person under eighteen (18) twenty-one (21) years of age when the person knows or

has reason to know that the recipient is under eighteen (18) twenty-one (21) years of age, except

for the limited purposes set forth in §§ 11-47-33 and 11-47-34 and with the prior approval or

consent of the parent or legal guardian of the minor.

     (b) Every person violating this section shall be punished, upon conviction, by

imprisonment for a term not to exceed ten (10) years. The prohibitions of this section shall not

apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a

purchaser's age and shall not apply to the sale of ammunition for an air rifle, air pistol, "blank

gun" or "BB gun."

     11-47-32. Possession of ammunition by minor.

     Except as provided in § 11-47-33, it shall be unlawful within this state for any person

under eighteen (18) twenty-one (21) years of age to possess and use ammunition, including any

priming charge of powder, propelling charge of powder, or any form of missile or projectile to be

ejected from a firearm.

     11-47-33. Possession of firearms by minors.

     (a) It shall be unlawful within this state for any person under eighteen (18) twenty-one

(21) years of age to possess and use any firearm unless he or she shall hold a permit as provided

in § 11-47-34, and unless the person is in the presence of a parent or guardian or supervising

qualifying adult at any regular and recognized camp or rifle range approved by the Rhode Island

state police or by the chief of police of the city or town in which the camp or rifle range is

located; provided, that this provision shall not apply to minors engaged in lawful hunting activity

under the supervision of a parent or guardian or qualified adult, minors participating in Reserve

Officer Training Corps programs, ceremonial parade activities, competitive and target shooting,

participants in state militia activities and minors participating in a basic firearms education

program; provided, further, that a person under eighteen (18) twenty-one (21) years of age may

carry a firearm, unloaded, in a suitable case to and from his or her home and the camp or range

and from the camp or range to other camp or range when accompanied by a parent, guardian or

supervising adult.

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     (b) For purposes of this section only, "qualified adult" means any person twenty-one (21)

years of age or older and permitted by law to possess and use the firearm.

     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) twenty-one (21) 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) twenty-one (21) years of age being engaged in a course of training in

the use of firearms at a regular and recognized camp or rifle range.

     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

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) twenty-one (21) 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) twenty-one (21) 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:

     (1) Complete 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;

and

     (2) Shall present to the person selling the rifle or shotgun a rifle/shotgun safety certificate

issued by the department of environmental management. The certificate shall be retained in the

possession of the buyer. The rifle/shotgun safety certificate shall certify that the purchaser has

completed a basic rifle/shotgun safety course as shall be administered by the department of

environmental management.

(Face of application form)

Application to Purchase Shotgun or Rifle

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

Name

Address

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      (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

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

      (over)

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of………. A.D. 20..

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      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

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

11-47-39.

     (c)(1) The department of environmental management shall establish the basic

rifle/shotgun safety course required by this section. The safety course shall consist of not less than

two (2) hours of instruction in the safe use and handling of rifles and shotguns and the course

shall be available to buyers continually throughout the year at convenient times and places but at

least monthly at locations throughout the state, or more frequently, as required. Proficiency in the

use of rifles or shotguns shall not be prerequisite for the issuance of the safety certificate. No

person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

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environmental management shall be required to take the course again, unless the person provides

evidence to the department that they had already successfully completed the course.

     (2) The administration of the basic rifle/shotgun safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (d) Proof of passage of the department of environmental management's basic hunter

safety course, shall be equivalent to the rifle/shotgun safety certificate, mandated by this section.

     (e) Any person who has reason to believe that they do not need the required rifle/shotgun

safety course may apply by any written means to the department of environmental management to

take an objective test on the subject of matter of the rifle/shotgun safety course. The test shall be

prepared, as well as an instruction manual upon which the test shall be based, by the department.

The manual shall be made available by any means to the applicant who may, within the time

limits for application, take the objective test at the department or at any location where the

rifle/shotgun safety course is being given. Any person receiving a passing grade on the test shall

be issued a rifle/shotgun safety certificate by the department.

     (f) The following persons shall be issued basic rifle/shotgun permits by the department of

environmental management: sheriffs; deputy sheriffs; The superintendent and members of the

state police; prison or jail wardens or their deputies; members of the city or town police force;

members of the park police; conservation officers; members of the airport police and officers of

the United States government authorized by law to carry a concealed firearm and, at the

discretion of the department of environmental management, any person who can satisfactorily

establish that they formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

Guard on active duty shall not be required to obtain a basic rifle/shotgun safety certificate or basic

rifle/shotgun permit under this section so long as they remain on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

Island National Guard, shall not be required to obtain a basic rifle/shotgun safety certificate under

this section so long as they remain in active status.

     (c)(i) 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.

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     SECTION 2. This act shall take effect on July 1, 2018, and shall apply to any rifle or

shotgun purchased on or after July 1, 2018.

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LC005277

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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 increase the lawful age to purchase a rifle or shotgun to from eighteen

(18) years of age to twenty one (21) years of age. The act would also require a person to complete

a basic rifle/shotgun safety course before they can legally purchase a rifle/shotgun.

     This act would take effect on July 1, 2018, and would apply to any rifle or shotgun

purchased on or after July 1, 2018.

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LC005277

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