2019 -- S 0637

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LC001614

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

     Date Introduced: March 19, 2019

     Referred To: Senate Judiciary

     (Governor/ Attorney General)

It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 47.1

LARGE CAPACITY FEEDING DEVICE BAN ACT OF 2019

     11-47.1-1. Short title.

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

Feeding Device Ban Act of 2019."

     11-47.1-2. Definitions.

     As used in this chapter:

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

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

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

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

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

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

rim fire ammunition.

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

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

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

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

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

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

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

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

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

large capacity feeding device shall be subject to forfeiture.

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

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

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

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

rounds of ammunition;

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

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

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

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

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

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

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

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

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

pursuant to § 11-47-18(b).

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

who is authorized to possess and carry assault weapons.

     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

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

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

with exceptions for law enforcement and military personnel.

     This act would take effect upon passage.

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