2019 -- S 0156 | |
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LC000512 | |
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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 | |
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Introduced By: Senators Coyne, Seveney, Euer, DiPalma, and Conley | |
Date Introduced: January 24, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-11 and 11-47-34 of the General Laws in Chapter 11-47 |
2 | entitled "Weapons" are hereby repealed. |
3 | 11-47-11. License or permit to carry concealed pistol or revolver. |
4 | (a) The licensing authorities of any city or town shall, upon application of any person |
5 | twenty-one (21) years of age or over having a bona fide residence or place of business within the |
6 | city or town, or of any person twenty-one (21) years of age or over having a bona fide residence |
7 | within the United States and a license or permit to carry a pistol or revolver concealed upon his or |
8 | her person issued by the authorities of any other state or subdivision of the United States, issue a |
9 | license or permit to the person to carry concealed upon his or her person a pistol or revolver |
10 | everywhere within this state for four (4) years from date of issue, if it appears that the applicant |
11 | has good reason to fear an injury to his or her person or property or has any other proper reason |
12 | for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The |
13 | license or permit shall be in triplicate in form to be prescribed by the attorney general and shall |
14 | bear the fingerprint, photograph, name, address, description, and signature of the licensee and the |
15 | reason given for desiring a license or permit and in no case shall it contain the serial number of |
16 | any firearm. The original shall be delivered to the licensee. Any member of the licensing |
17 | authority, its agents, servants, and employees shall be immune from suit in any action, civil or |
18 | criminal, based upon any official act or decision, performed or made in good faith in issuing a |
19 | license or permit under this chapter. |
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1 | (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
2 | Island, the licensing authority of any city or town shall not provide or release to any individual, |
3 | firm, association or corporation the name, address, or date of birth of any person who has held or |
4 | currently holds a license or permit to carry a concealed pistol or revolver. This section shall not |
5 | be construed to prohibit the release of any statistical data of a general nature relative to age, |
6 | gender and racial or ethnic background nor shall it be construed to prevent the release of |
7 | information to parties involved in any prosecution of § 11-47-8 or in response to a lawful |
8 | subpoena in any criminal or civil action which the person is a party to that action. |
9 | 11-47-34. Firearms permits to minors. |
10 | The Rhode Island state police or the chief of police of the city or town in which the |
11 | person resides shall issue permits to any person under eighteen (18) years of age only upon |
12 | satisfactory proof of being engaged in a course of training in the use of firearms at a regular and |
13 | recognized camp or rifle range, and provided that the person has the written consent of a parent or |
14 | guardian. Valid membership cards of junior gun clubs or of junior divisions of senior gun clubs |
15 | incorporated in the state of Rhode Island shall be prima facie evidence of the person under |
16 | eighteen (18) years of age being engaged in a course of training in the use of firearms at a regular |
17 | and recognized camp or rifle range. |
18 | SECTION 2. Sections 11-47-8, 11-47-9.1, 11-47-12, 11-47-13, 11-47-18, 11-47-35.1, 11- |
19 | 47-35.2 and 11-47-60 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby |
20 | amended to read as follows: |
21 | 11-47-8. License or permit required for carrying pistol -- Possession of machine gun. |
22 | (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47- |
23 | 12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her |
24 | person whether visible or concealed, except in his or her dwelling house or place of business or |
25 | on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of |
26 | these sections shall not apply to any person who is the holder of a valid license or permit issued |
27 | by the licensing authority of another state, or territory of the United States, or political |
28 | subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any |
29 | vehicle or conveyance or on or about his or her person whether visible or concealed, provided the |
30 | person is merely transporting the firearm through the state in a vehicle or other conveyance |
31 | without any intent on the part of the person to detain him or herself or remain within the state of |
32 | Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as |
33 | otherwise provided in this chapter. Every person violating the provision of this section shall, upon |
34 | conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by |
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1 | a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this |
2 | section, shall not be afforded the provisions of suspension or deferment of sentence, nor a |
3 | probation. |
4 | (b) No person shall have in his or her possession or under his or her control any sawed- |
5 | off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this |
6 | subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five |
7 | thousand dollars ($5,000), or both. |
8 | (c) No person shall have in his or her possession or under his or her control any firearm |
9 | while the person delivers, possesses with intent to deliver, or manufactures a controlled |
10 | substance. Any person convicted of violating this subsection shall be punished by imprisonment |
11 | for not less than two (2) years nor more than twenty (20) years, and the sentence shall be |
12 | consecutive to any sentence the person may receive for the delivery, possession with intent to |
13 | deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of |
14 | this subsection that a person has a license or permit to carry or possess a firearm. |
15 | (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, |
16 | trigger crank, or any other device that when attached to a semi-automatic weapon allows full- |
17 | automatic fire. Individuals who possess these items shall have ninety (90) days from the |
18 | enactment of this section to either sell, destroy, or otherwise remove these items from the state of |
19 | Rhode Island. Every person violating the provisions of this section shall, upon conviction, be |
20 | punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to |
21 | ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall |
22 | not be afforded the provisions of suspension or deferment of sentence, nor a probation. |
23 | 11-47-9.1. Additional exemptions. |
24 | The provisions of §§ 11-47-8 and 11-47-11 11-47-18 shall not apply to members of the |
25 | state police, members of city or town police forces, and members of the Rhode Island airport |
26 | police department. Persons exempted by the provisions of this section from the provisions of § |
27 | 11-47-8 shall have the right to carry concealed firearms everywhere within this state; provided, |
28 | that this shall not be construed as giving the right to carry concealed firearms to a person |
29 | transporting firearms as merchandise or as household or business goods. |
30 | 11-47-12. License or permit fee. |
31 | A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or |
32 | permit to the licensing authority issuing it. Every license or permit shall be valid for four (4) years |
33 | from the date when issued unless sooner revoked. The fee charged for issuing of the license or |
34 | permit shall be applied for the use and benefit of the city, town, or state of Rhode Island. |
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1 | 11-47-13. Revocation of license or permit. |
2 | Any license or permit may be revoked for just cause at any time by the authority granting |
3 | it, and, upon revocation, the authority shall give immediate notice to the attorney general, who |
4 | shall immediately note the revocation, with the date of revocation, upon the copy of the license or |
5 | permit on file in his or her office. |
6 | 11-47-18. License or permit issued by attorney general on showing of need -- |
7 | Issuance to retired police officers. |
8 | (a) The attorney general may issue a license or permit to any person twenty-one (21) |
9 | years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person |
10 | upon a proper showing of need, subject to the provisions of §§ 11-47-12 and 11-47-15; that |
11 | license or permit may be issued notwithstanding the provisions of § 11-47-7. Such person must |
12 | undergo a national criminal records check, which shall include fingerprints submitted to the |
13 | Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department |
14 | of attorney general. The applicant shall be responsible for the cost of conducting the national |
15 | criminal records check. |
16 | (b) All state police officers and permanent members of city and town police forces of this |
17 | state who have retired in good standing after at least twenty (20) years of service, or retired in |
18 | good standing due to a physical disability other than a psychological impairment, may be issued a |
19 | license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. |
20 | The term "in good standing" means that at the time of retirement, the police officer was not facing |
21 | disciplinary action that could have resulted in his or her termination for misconduct or unfitness |
22 | for office. Any member of the licensing authority, and its agents, servants, and employees shall |
23 | be immune from suit in any action, civil or criminal, based upon any official act or decision, |
24 | performed or made in good faith in issuing a license or permit under this chapter. |
25 | (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
26 | Island, the attorney general shall not provide or release to any individual, firm, association or |
27 | corporation the name, address, or date of birth of any person who has held or currently holds a |
28 | license or permit to carry a concealed pistol or revolver. This section shall not be construed to |
29 | prohibit the release of any statistical data of a general nature relative to age, gender and racial or |
30 | ethnic background nor shall it be construed to prevent the release of information to parties |
31 | involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or |
32 | civil action which said person is a party to such action. |
33 | (d) Local law enforcement agencies shall cooperate with the attorney general throughout |
34 | the permitting process. |
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1 | 11-47-35.1. Persons exempt from § 11-47-35. |
2 | The provisions of § 11-47-35 shall not apply to full-time members of the state police, |
3 | full-time members of the state marshal's office, full-time members of city or town police |
4 | departments, or state marshals or correctional officers or persons licensed under § 11-47-11 11- |
5 | 47-18. |
6 | 11-47-35.2. Sale of rifles/shotguns. |
7 | (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall |
8 | have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the |
9 | purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with |
10 | the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of |
11 | the United States and/or lawful resident of this state who is eighteen (18) years of age or older, |
12 | and any non-resident member of the armed forces of the United States who is stationed in this |
13 | state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a |
14 | rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall |
15 | complete and sign in triplicate and deliver to the seller the application form described in this |
16 | section, and in no case shall it contain the serial number of the rifle or shotgun. |
17 | (Face of application form) |
18 | Application to Purchase Shotgun or Rifle |
19 | Date ………………………………………… Hour ………………………………… A.M. P.M. |
20 | Name |
21 | Address |
22 | (Street and number) (City or town) (State) |
23 | Date of Birth Place of Birth |
24 | Height Weight Color hair |
25 | Color eyes |
26 | Scars |
27 | Tattoos |
28 | Other identifying marks |
29 | Are you a citizen of the United States |
30 | Are you a citizen of Rhode Island |
31 | How long |
32 | Where stationed |
33 | (Armed Forces only) |
34 | Have you ever been convicted of a crime of violence |
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1 | (See § 11-47-2 General Laws of Rhode Island) |
2 | Have you ever been adjudicated or under confinement as addicted to a controlled substance |
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4 | Have you ever been adjudicated or under confinement for alcoholism |
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6 | Have you ever been confined or treated for mental illness |
7 | From whom is shotgun or rifle being purchased |
8 | Seller's address |
9 | Seller's signature |
10 | Applicant's signature |
11 | (See § 11-47-23 for penalty for false information on this application) |
12 | (Reverse side of application form) |
13 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 |
14 | -- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence |
15 | Plantations, and that I am aware of the penalties for violation of the provisions of the cited |
16 | sections. |
17 | Signed |
18 | County of |
19 | State of Rhode Island |
20 | Subscribed and sworn before me this ……… day of………. A.D. 20.. |
21 | Notary Public |
22 | ...................................... |
23 | (b) The person who is selling the rifle or shotgun shall, on the date of application, sign |
24 | and forward by registered mail or by delivery in person, the original and duplicate copies of the |
25 | application to the superintendent of the Rhode Island state police or the chief of police in the city |
26 | or town in which the seller has his or her residence or place of business. The superintendent of the |
27 | Rhode Island state police or the chief of police in the city or town in which the person has his or |
28 | her residence or place of business shall mark or stamp the original copy of the application form |
29 | with the date and time of receipt and return it by the most expeditious means to the seller. The |
30 | triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by |
31 | registered mail to the attorney general. The person shall retain the original copy duly receipted by |
32 | the police authority to whom sent or delivered for a period of six (6) years with other records of |
33 | the sale. It shall be the duty of the police authority to whom the duplicate copy of the application |
34 | form is sent or delivered to make a background check of the applicant to ascertain whether he or |
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1 | she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of |
2 | seven (7) days from twelve o'clock (12:00) noon of the day following application, no |
3 | disqualifying information has been received from the investigating police authority by the person |
4 | who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant. |
5 | Upon the finding of no disqualifying information under the provisions of the above cited sections |
6 | of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate |
7 | and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate |
8 | copies in violation of this chapter or any unauthorized use of the information contained in them |
9 | by a person or agency shall be punishable by a fine of not more than one thousand dollars |
10 | ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly |
11 | licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § |
12 | 11-47-39. |
13 | (c) The provisions of this section shall not apply to full-time members of the state police, |
14 | full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11- |
15 | 47-11 § 11-47-9, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in |
16 | § 11-47-2. |
17 | 11-47-60. Possession of firearms on school grounds. |
18 | (a)(1) No person shall have in his or her possession any firearm or other weapons on |
19 | school grounds. |
20 | (2) For the purposes of this section, "school grounds" means the property of a public or |
21 | private elementary or secondary school or in those portions of any building, stadium, or other |
22 | structure on school grounds which were, at the time of the violation, being used for an activity |
23 | sponsored by or through a school in this state or while riding school provided transportation. |
24 | (3) Every person violating the provisions of this section shall, upon conviction, be |
25 | sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be |
26 | fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). |
27 | (4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to |
28 | whatever other penalties are imposed by the family court, lose his or her license to operate a |
29 | motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to |
30 | obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain |
31 | the license when eligible to do so, for a period of up to six (6) months. |
32 | (b) The provisions of this section shall not apply to any person who shall be exempt |
33 | pursuant to the provisions of §§ 11-47-9, 11-47-11, and 11-47-18 or to the following activities |
34 | when the activities are officially recognized and sanctioned by the educational institution: |
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1 | (1) Firearm instruction and/or safety courses; |
2 | (2) Government-sponsored military-related programs such as ROTC; |
3 | (3) Interscholastic shooting and/or marksmanship events; |
4 | (4) Military history and firearms collection courses and/or programs; and |
5 | (5) The use of blank guns in theatrical and/or athletic events. |
6 | (c) The provisions of this section shall not apply to colleges, universities, or junior |
7 | colleges. |
8 | 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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1 | This act would limit the issuance of pistol and revolver carry permits to the office of the |
2 | attorney general. |
3 | This act would take effect upon passage. |
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