2018 -- S 2456

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LC004392

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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: Senators Goldin, Calkin, Coyne, Miller, and Euer

     Date Introduced: February 15, 2018

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-11 and 11-47-18 of the General Laws in Chapter 11-47

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

     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.

     (c) The person applying for a license or permit in subsection (a) of this section must

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

Federal Bureau of Investigation (FBI) by the local police department. The applicant shall be

responsible for the cost of conducting the national criminal records check.

     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, 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 the 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

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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.

     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 provide that applicants for a license or permit to carry a firearm under §§

11-47-11 and 11-47-18 must undergo a national criminal records check, which shall include

fingerprints submitted to the federal bureau of investigation (FBI).

     This act would take effect upon passage.

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