2019 -- H 5739

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LC001629

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- LARGE CAPACITY FEEDING DEVICE BAN

     

     Introduced By: Representatives Caldwell, McEntee, Tanzi, Cassar, and Kazarian

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Governor/Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 47.1

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LARGE CAPACITY FEEDING DEVICE BAN ACT OF 2019

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     11-47.1-1. Short title.

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     This chapter shall be known and may be cited as the "Rhode Island Large Capacity

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Feeding Device Ban Act of 2019."

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     11-47.1-2. Definitions.

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     As used in this chapter:

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     (1)"Large capacity feeding device" means a magazine, box, drum, tube, belt, feed strip, or

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other container which is capable of holding more than ten (10) rounds of ammunition to be fed

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continuously and directly therefrom into a semi-automatic firearm. The term "large capacity

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feeding device" shall include an ammunition feeding device with a removable floor plate or end

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plate, if the device can readily be extended to accept more than ten (10) rounds of ammunition.

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The term shall not include an attached tubular device which is capable of holding only .22 caliber

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rim fire ammunition.

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     (2) "Federally licensed firearm dealer" means a person who holds a valid federal firearm

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dealers license issued pursuant to 18 U.S.C. § 923(a).

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     11-47.1-3. Large capacity feeding device prohibited.

 

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     (a) No person, except for a federally licensed firearms dealer, shall manufacture, sell,

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offer to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding

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device, except as otherwise authorized under this chapter. Any person convicted of violating the

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provisions of this section shall be punished by a fine of up to five thousand dollars ($5,000) or by

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imprisonment of not more than five (5) years, and except for a first conviction under this section,

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shall not be afforded the provisions of suspension or deferment of sentence, nor probation. The

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large capacity feeding device shall be subject to forfeiture.

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     (b) Subsection (a) of this section shall not apply to a person who:

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     (1) On the effective date of this chapter, lawfully possessed a large capacity feeding

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device within one hundred eighty (180) days of the effective date of this chapter:

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     (i) Modifies the large capacity feeding device such that it cannot hold more than ten (10)

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rounds of ammunition;

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     (ii) Surrenders the large capacity feeding device to the police department in the city or

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town where the person resides, in accordance with the procedures for surrender of weapons set

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forth by the police department or the Rhode Island state police, or, if there is no such police

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department or the person resides out of state, to the Rhode Island state police; or

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     (iii) Transfers or sells the large capacity feeding device to a federally licensed firearm

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dealer or person or firm lawfully entitled to own or possess a feeding device.

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     (2) Is a law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1; or a retired law

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enforcement officer exempt under §§ 11-47-9 and 11-47-9.1 who is not otherwise prohibited from

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receiving such a feeding device from an agency upon retirement, and who has a permit to carry

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pursuant to § 11-47-18(b).

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     (3) An active duty member of the armed forces of the United States or the National Guard

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who is authorized to possess and carry assault weapons.

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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 -- LARGE CAPACITY FEEDING DEVICE BAN

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     This act would prohibit the sale or possession of a large capacity feeding device capable

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of holding more than ten (10) rounds of ammunition for use on a semi-automatic firearm

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punishable by a fine up to five thousand dollars ($5,000) or imprisonment up to five (5) years

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with exceptions for law enforcement and military personnel.

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     This act would take effect upon passage.

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