2019 -- H 5741

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LC001628

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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 -- WEAPONS

     

     Introduced By: Representatives Caldwell, Almeida, Ruggiero, McEntee, and Tanzi

     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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ASSAULT WEAPONS

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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 Assault Weapons Ban

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Act of 2019."

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     11-47.1-2. Definitions.

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     As used in this chapter, the following words and phrases shall have the following

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meanings:

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     (1) "Ammunition feeding device" means any magazine, box, belt, drum, feed strip, or

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similar device that holds ammunition for a firearm. As used in this chapter, the term shall include,

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an ammunition feeding device with a removable floor plate or end plate, if the device can readily

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be extended to accept more than ten rounds of ammunition. The term shall not include an

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attached tubular device which is capable of holding only .22 caliber rimfire ammunition.

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     (2) "Assault weapon" means:

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     (i) A semi-automatic shotgun with a fixed magazine capacity exceeding six (6) rounds, or

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that has the ability to accept a detachable magazine and a pistol grip, or a folding or telescopic

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stock.

 

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     (ii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds or

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with the ability to accept a detachable magazine and has at least one of the following features:

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     (A) A folding or telescoping stock;

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     (B) A pistol grip that protrudes conspicuously beneath the action of the weapon;

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     (C) A bayonet mount;

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     (D) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; or

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     (E) A grenade launcher. "Assault weapon" shall not include a semi-automatic rifle which

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has an attached tubular device and which is capable of operating only with .22 caliber rimfire

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ammunition.

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     (iii) A semi-automatic pistol that has an ability to accept a detachable magazine and has

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at least one of the following features:

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     (A) An ammunition magazine that attaches to the pistol outside of the pistol grip;

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     (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward

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handgrip, or silencer;

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     (C) A shroud that is attached to, or partially or completely encircles, the barrel and that

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permits the shooter to hold the firearm with the non-trigger hand without being burned; or

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     (D) Manufactured weight of fifty ounces (50oz) or more when the pistol is unloaded.

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     (3) "Detachable magazine" means an ammunition feeding device that attaches to a

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firearm and which can be removed without disassembly of the firearm.

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     (4) "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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     (5) "Federally licensed gunsmith" means a person who holds a valid federal firearm

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

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     (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to

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the firearm in such a manner that it cannot be removed without disassembly of the firearm.

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     (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes,

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detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise

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enhances the concealability, of a firearm.

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     (8) "Forward grip" means a grip or handle located forward of the trigger.

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     (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of

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possession has been issued pursuant to § 11-47.1-4.

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     (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade.

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     (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that

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protrudes conspicuously beneath the action of the weapon, and which permits the weapon to be

 

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held and fired with one hand.

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     (12) "Secure storage" means a firearm that is stored in a locked container or equipped

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with a tamper–resistant mechanical lock or other safety device, properly engaged so as to render

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such weapon inoperable by any person other than the owner or other lawfully authorized user.

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     (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull

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of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

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     (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but

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not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been

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attached.

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     11-47.1-3. Restrictions on manufacture, sale, purchase and possession of assault

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weapons.

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     (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have

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under his or her control an assault weapon, except as otherwise authorized under this section. Any

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person convicted of violating this subsection shall be punished by imprisonment of not more than

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ten (10) years, or by a fine up to ten thousand dollars ($10,000), and except for a first conviction

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

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probation, and the assault weapon shall be subject to forfeiture.

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     (b) Subsection (a) shall not apply to:

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     (1) A person who, on the effective date of this chapter, lawfully possessed an assault

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weapon within one year of the effective date of this chapter:

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     (i) Registers the assault weapon with the police department in the city or town where the

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person resides or, if there is no such police department or the person resides out of state, with the

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Rhode Island state police in accordance with the provisions of this section;

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     (ii) Renders the assault weapon inoperable, as provided in subsection (d) of this section;

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     (iii) Surrenders the assault weapon to the police department in the city or town where the

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person resides, or, if there is no such police department or the person resides out of state, to the

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Rhode Island state police, in accordance with the procedures for surrender of weapons set forth

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by the police department or the Rhode Island state police; or

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     (iv) Transfers or sells the assault weapon to a licensed dealer or person or firm lawfully

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entitled to own or possess such weapon.

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     (2)(i) A law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1; or

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     (ii) A retired law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1 who is not

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otherwise prohibited from receiving such a weapon or feeding device from such agency upon

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retirement, and who has a permit to carry 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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     (c) If the holder of a certificate to possess an assault weapon dies, or if the owner of an

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assault weapon which has been registered pursuant to this chapter dies, then the heirs or estate of

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the deceased person shall have one hundred eighty (180) days from the date of death to transfer

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the firearm to a licensed dealer or person or firm lawfully entitled to own or possess such firearm;

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voluntarily surrender the firearm to the police department in the city or town where the deceased

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resided, or to the Rhode Island state police; remove the assault weapon from the state; within

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ninety (90) days of obtaining title, register the assault weapon in accordance with the provisions

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of § 11-47.1-4; or, render the weapon inoperable.

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     (d) If the owner of an assault weapon elects to render a weapon inoperable, the owner

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shall file a certification, under penalty of perjury, on a form prescribed by the superintendent of

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the state police, indicating the date on which the assault weapon was rendered inoperable. This

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certification shall be filed with either the chief law enforcement officer of the municipality in

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which the owner resides or, if there is no such police department, or in the case of an owner who

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resides outside Rhode Island but stores or possesses an assault weapon in Rhode Island, with the

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superintendent of the state police. For purposes of this section, "inoperable" shall mean that the

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assault weapon is altered in such a manner that it cannot be immediately fired, and that the owner

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or possessor of such weapon does not possess or have control over the parts necessary to make it

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operable.

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     11-47.1-4. Registration of assault weapons.

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     (a) The owner of an assault weapon lawfully possessed on or before the effective date of

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this chapter shall have one year from the effective date of this chapter to register that weapon. In

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order to register an assault weapon, the owner shall:

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     (1) Complete an assault weapon registration statement, in the form to be prescribed by

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the superintendent of the state police;

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     (2) Submit to a fingerprint-supported criminal background check to ascertain whether the

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person is disqualified from the possession of firearms under this chapter; and,

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     (3) Pay a registration fee of twenty-five dollars ($25.00) per each assault weapon;

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     (b) The information to be provided in the registration statement shall include, but shall

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not be limited to:

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     (1) The full name, date of birth, and address of the registrant;

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     (2) The make, model, and serial number of the assault weapon being registered. For a

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firearm manufactured before 1968 which was originally manufactured without a serial number,

 

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identifying marks may be substituted for the serial number required by this subsection; and

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     (3) Each registration statement shall be signed by the registrant, and the signature shall

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constitute a representation of the accuracy of the information contained in the registration

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statement.

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     (c) For an applicant who resides in a municipality with an organized full-time police

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department, the registration shall take place at the main office of the police department. For all

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other applicants, the registration shall take place at the Rhode Island state police.

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     (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the

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state police shall prepare the registration statement as described in subsection (a) of this section

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and a certificate of inoperability as described in § 11-47.1-3(d) above, and shall provide a suitable

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supply of such statements to each organized full-time municipal police department and each state

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police barracks.

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     (e) One copy of the completed assault weapons registration statement shall be returned to

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the registrant and shall constitute a certificate of possession of that assault weapon. A second

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copy shall be sent to the superintendent, and, if the registration takes place at a municipal police

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department, a third copy shall be retained by that municipal police department. A fourth copy of

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the registration statement shall be sent to the attorney general.

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     (f) A certificate of possession shall only authorize the possession of the assault weapon

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specified in the certificate. Any person in possession of multiple assault weapons on the effective

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date of this chapter must submit a separate registration statement in order to obtain a certificate of

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possession for each of the assault weapons for which they are authorized to retain possession.

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     (g) The name and address of a person issued a certificate of possession shall be kept

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confidential and shall not be disclosed without a lawful court order, except such records may be

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disclosed to:

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     (1) State or federal law enforcement officers and state and federal probation and parole

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officers acting in the performance of their duties; and

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     (2) The director of the department of behavioral healthcare, developmental disabilities

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and hospitals (BHDDH), or designee, acting in the performance of his or her duties.

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     (h) If an assault weapon registered pursuant to the provisions of this section is used in the

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commission of a crime, the registrant of that assault weapon shall be civilly liable for any

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damages resulting from that crime. The liability imposed by this subsection shall not apply if the

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assault weapon used in the commission of the crime was stolen and the registrant reported the

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theft of the firearm to law enforcement authorities within twenty-four (24) hours of the

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registrant's knowledge of the theft.

 

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     11-47.1-5. Use and possession of assault weapons with certificate of possession.

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     (a) Any person who has been issued a certificate of possession for an assault weapon as

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provided for in this section may possess the assault weapon only under the following conditions:

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     (1) At that person's residence, place of business or other property owned by that person,

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or on property owned by another person with the property owner's express permission, except the

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grandfathered assault weapon shall be kept in secure storage when not in the immediate

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possession and control of the grandfathered assault weapon owner;

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     (2) While on a target range which holds a regulatory or business license for the purpose

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of practicing shooting at that target range;

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     (3) While on the premises of a licensed shooting club;

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     (4) While attending any exhibition, display or educational project which is about firearms

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and which is sponsored by, conducted under the auspices of, or approved by a law enforcement

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agency or a nationally or state recognized entity that fosters proficiency in, or promotes education

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about firearms;

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     (5) While transporting the grandfathered assault weapon to any licensed gun dealer for

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servicing or repair; or

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     (6) While transporting an assault weapon between any of the places set forth in

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subsections (a)(1) through (a)(5) provided the assault weapon is placed in a secure storage.

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     (g) Any person who violates the provisions of this chapter shall be fined not more than

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two thousand five hundred dollars ($2,500), or imprisoned not more than three (3) years, or both,

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and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22.

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     11-47.1-6. Licensed firearm dealers -- Certificate of transfer.

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     (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to

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a federally licensed firearm dealer, the dealer shall, at the time of delivery of the firearm, in

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addition to any other reports required by law, execute a certificate of transfer, and cause copies of

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the certificate of transfer to be mailed or delivered to the superintendent of the state police and the

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attorney general.

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     (b) The certificate of transfer shall contain:

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     (1) The date of the sale or transfer;

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     (2) The name and address of the seller or transferor, and their social security number or

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motor vehicle operator license number, if applicable;

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     (3) The federally licensed firearm dealer's federal firearms license number and seller or

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transferor's certificate of possession number;

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     (4) A description of the grandfathered assault weapon, including the caliber of the assault

 

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weapon and its make, model and serial number; and

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     (5) Any other information requested by the superintendent of the state police.

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     (c) The federally licensed firearm dealer shall retain possession of the seller or

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transferor's certificate of possession and affix the certificate of possession to the certificate of

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transfer before mailing or delivering copies of the certificate of transfer to the superintendent of

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the state police and the attorney general.

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     (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered

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assault weapon at their business premises, lawfully transport the grandfathered assault weapon

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between dealers or out of the state, or lawfully sell or transfer the firearm outside the state.

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     (e) A federally licensed firearm dealer may take possession of a grandfathered assault

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weapon for the purposes of servicing or repair from any person to whom certificate of possession

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for such weapon has been issued pursuant this chapter.

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     (f) A federally licensed firearm dealer may temporarily transfer possession of a

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grandfathered assault weapon received pursuant to subsection (a) to a federally licensed gunsmith

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for the purpose of servicing or repairing the firearm.

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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 -- WEAPONS

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     This act would ban the possession, sale and transfer of assault weapons. Possession of

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assault weapons owned on the effective date of this act would be "grandfathered" upon

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registration and payment of a twenty-five dollar ($25.00) registration fee. Violations are

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punishable by a fine of up to ten thousand dollars ($10,000), or up to ten (10) years

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imprisonment.

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     This act would take effect upon passage.

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