2020 -- H 7102 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     

     Introduced By: Representatives Serpa, Caldwell, McEntee, McKiernan, and
Blazejewski

     Date Introduced: January 15, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-2. Definitions.

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     When used in this chapter, the following words and phrases are construed as follows:

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     (1) "3D printing process" means 3D printing or additive manufacturing which is a

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process of making three (3) dimensional solid objects from a computer file and shall include any

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of various processes in which material is joined or solidified under computer control to create a

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three (3) dimensional object, with material being added together including liquid molecules, or

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powder grains.

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     (1)(2) "Antique firearm" is defined as that term is defined under the provisions of 18

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U.S.C. § 921.

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     (2)(3) "Binary trigger" means a device that replaces a standard trigger on a semi-

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automatic weapon and is designed to fire one round on the pull of the trigger and another round

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upon release of the trigger.

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     (3)(4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's

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standard stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to

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rapidly fire the weapon.

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     (4)(5) "Crime of violence" means and includes any of the following crimes or an attempt

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to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first-

 

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or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem,

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robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture,

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sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or

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deliver a controlled substance classified in schedule I or schedule II of § 21-28-2.08, any

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violation of § 21-28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these

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statutes, assault with a dangerous weapon, assault or battery involving grave bodily injury, or

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assault with intent to commit any offense punishable as a felony; upon any conviction of an

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offense punishable as a felony offense under § 12-29-5.

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     (5)(6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun",

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"BB gun", or other instrument from which steel or metal projectiles are propelled, or that may

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readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

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and except instruments propelling projectiles that are designed or normally used for a primary

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purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

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firearm under the provisions of this section.

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     (6)(7) "Fugitive from justice" means any person who has fled from any state, territory,

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the District of Columbia, or possession of the United States to avoid prosecution for a crime of

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violence or to avoid giving testimony in any criminal proceeding.

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     (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

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number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer or

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importer under federal law. It does not include a firearm that has been rendered permanently

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inoperable, or a firearm that is not required to have a serial number in accordance with the

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Federal Gun Control Act of 1968, or a firearm that is possessed by an individual who is not

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prohibited from owning or possessing a firearm and is marked in accordance with 27 C.F.R. §

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479.102.

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     (7)(9) "Licensing authorities" means the board of police commissioners of a city or town

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where the board has been instituted, the chief of police or superintendent of police of other cities

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and towns having a regular organized police force, and, in towns where there is no chief of police

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or superintendent of police, it means the town clerk who may issue licenses upon the

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recommendation of the town sergeant, and it also means any other person or body duly authorized

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by the city or town charter or by state law.

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     (8)(10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be

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readily restored to shoot automatically more than one shot, without manual reloading, by a single

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function of the trigger. The term also includes the frame or receiver of the weapon, any

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combination of parts designed and intended for use in converting a weapon into a machine gun,

 

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and any combination of parts from which a machine gun can be assembled if the parts are in the

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possession or under the control of a person.

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     (11) "Major component" means, with respect to a firearm:

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     (i) The slide or cylinder or the frame or receiver of the firearm; and

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     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

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     (9)(12) "Person" includes an individual, partnership, firm, association, or corporation.

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     (10)(13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar

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weapon with overall length less than twenty-six inches (26"), but does not include any pistol or

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revolver designed for the use of blank cartridges only.

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     (11)(14) "Sawed-off rifle" means any rifle with overall length of less than twenty-six

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inches (26") or barrel length of less than sixteen inches (16").

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     (12)(15) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-

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six inches (26") or barrel length of less than eighteen inches (18").

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     (13)(16) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

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accept, and borrow, and "purchasing" shall be construed accordingly.

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     (14)(17) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

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automatic weapon and causes the weapon to fire by turning the crank handle.

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     (18) "Undetectable firearm" means any firearm that:

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     (i) After removal of all parts, other than a major component, is not as detectable by walk-

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through metal detectors commonly used at airports or other public buildings; or

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     (ii) Any major component of which, if subjected to inspection by the types of detection

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devices commonly used at airports or other public buildings for security screening, would not

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generate an image that accurately depicts the shape of the component; or

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     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

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     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased

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into on the frame or receiver by a licensed manufacturer or importer under federal law, or is not

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marked in accordance with 27 C.F.R. § 479.102.

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     SECTION 2. Section 11-47-8 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-8. License or permit required for carrying pistol -- Possession of machine gun.

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License or permit required for carrying pistol -- Other weapons prohibited.

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     (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-

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12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

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person whether visible or concealed, except in his or her dwelling house or place of business or

 

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on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of

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these sections shall not apply to any person who is the holder of a valid license or permit issued

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by the licensing authority of another state, or territory of the United States, or political

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subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

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vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

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person is merely transporting the firearm through the state in a vehicle or other conveyance

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without any intent on the part of the person to detain him or herself or remain within the state of

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Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

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otherwise provided in this chapter. Every person violating the provision of this section shall, upon

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conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

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a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this

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

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probation.

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     (b) No person shall have in his or her possession or under his or her control any sawed-

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off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this

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subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five

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thousand dollars ($5,000), or both.

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     (c) No person shall have in his or her possession or under his or her control any firearm

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while the person delivers, possesses with intent to deliver, or manufactures a controlled

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substance. Any person convicted of violating this subsection shall be punished by imprisonment

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for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

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consecutive to any sentence the person may receive for the delivery, possession with intent to

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deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

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this subsection that a person has a license or permit to carry or possess a firearm.

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     (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger,

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trigger crank, or any other device that when attached to a semi-automatic weapon allows full-

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automatic fire. Individuals who possess these items shall have ninety (90) days from the

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enactment of this section to either sell, destroy, or otherwise remove these items from the state of

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Rhode Island. Every person violating the provisions of this section shall, upon conviction, be

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punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to

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ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall

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

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

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under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D

 

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printing process. Any person convicted of violating this subsection shall be punished by

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imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000),

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and except for a first conviction under this section shall not be afforded the provisions of

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suspension or deferment of sentence, nor probation.

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     SECTION 3. This act shall take effect upon passage and its provisions shall be

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enforceable ninety (90) days after 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 certain definitions relative to undetectable firearms and would

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prohibit the manufacturing, importation, sale, shipment, delivery, possession, or transfer of any

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ghost gun or firearm that is undetectable by metal detectors commonly used at airports and public

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buildings including 3D printed firearms as defined herein.

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     This act would take effect upon passage and its provisions would be enforceable ninety

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(90) days after passage.

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