2020 -- H 7103

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LC003663

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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 McKiernan, Caldwell, Knight, McNamara, and Slater

     Date Introduced: January 15, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-35 and 11-47-35.2 of the General Laws in Chapter 11-47

entitled "Weapons" are hereby amended to read as follows:

     11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

Issuance of permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

any nonresident member of the armed forces of the United States who is stationed in this state

and who is twenty-one (21) years of age or older, may upon application purchase or acquire a

pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser

shall: (i) complete and sign in triplicate and deliver to the person selling the pistol or revolver the

application form described in this section, and in no case shall it contain the serial number of the

pistol or revolver; and (ii) shall present to the person selling the pistol or revolver a

pistol/revolver safety certificate issued by the department of environmental management. The

certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate

shall certify that the purchaser has completed a basic pistol/revolver safety course as shall be

administered by the department of environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Have you ever been convicted of a crime of violence

(See § 11-47-2)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is pistol or revolver being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence

Plantations, and that I am aware of the penalties for violation of the provisions of the cited

sections. I further certify that I have completed the required basic pistol/revolver safety course.

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     Signed

      (over)

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of………. A.D. 20..

      Notary Public

      ......................................

     (2) The person selling the pistol or revolver shall on the date of application sign and

forward by registered mail, or by delivery in person, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the

superintendent of the Rhode Island state police or the chief of police in the city or town in which

the person purchaser has his or her residence or place of business. The superintendent of the

Rhode Island state police or the chief of police in the city or town in which the person purchaser

has his or her residence or place of business shall mark or stamp the original copy of the

application form with the date and the time of receipt and return it by the most expeditious means

to the person who is selling the pistol or revolver. The triplicate copy duly signed by the person

who is selling the pistol or revolver shall within seven (7) days be sent by him or her by

registered mail, by delivery in person, or by electronic mail to the attorney general. The person

who is selling the pistol or revolver shall retain the original copy duly receipted by the police

authority to whom sent or delivered for a period of six (6) years with other records of the sale. It

shall be the duty of the police authority to whom the duplicate copy of the application form is sent

or delivered to make a background check of the applicant to ascertain whether he or she falls

under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7)

days from twelve o'clock (12:00) noon of the day following application, no disqualifying

information has been received from the investigating police authority by the person who is selling

the pistol or revolver, he or she will deliver the firearm applied for to the applicant purchaser.

Upon the finding of no disqualifying information under the provisions of the above cited sections

of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate

copies in violation of this section or any unauthorized use of the information contained in the

copies by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §

11-47-39.

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     (b)(1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the

course shall be available to buyers continually throughout the year at convenient times and places

but at least monthly at locations throughout the state, or more frequently as required. Proficiency

in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

No person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter

safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

     (d) Any person who has reason to believe that he or she does not need the required

handgun safety course may apply by any written means to the department of environmental

management to take an objective test on the subject of matter of the handgun safety course. The

test shall be prepared, as well as an instruction manual upon which the test shall be based, by the

department. The manual shall be made available by any means to the applicant who may, within

the time limits for application, take the objective test at the department or at any location where

the handgun safety course is being given. Any person receiving a passing grade on the test shall

be issued a pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11].

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of

the United States government authorized by law to carry a concealed firearm and, at the

discretion of the department of environmental management, any person who can satisfactorily

establish that he or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or

basic pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

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Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

under this section so long as he or she remains in active status.

     11-47-35.2. Sale of rifles/shotguns.

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of

the United States and/or lawful resident of this state who is eighteen (18) years of age or older,

and any non-resident member of the armed forces of the United States who is stationed in this

state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a

rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall

complete and sign in triplicate and deliver to the seller the application form described in this

section, and in no case shall it contain the serial number of the rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

Date ………………………………………… Hour ………………………………… A.M. P.M.

Name

Address

      (Street and number) (City or town) (State)

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Have you ever been convicted of a crime of violence

(See § 11-47-2 General Laws of Rhode Island)

Have you ever been adjudicated or under confinement as addicted to a controlled substance

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Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

Applicant's signature

(See § 11-47-23 for penalty for false information on this application)

(Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

-- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence

Plantations, and that I am aware of the penalties for violation of the provisions of the cited

sections.

     Signed

     County of

     State of Rhode Island

     Subscribed and sworn before me this ……… day of………. A.D. 20..

      Notary Public

      ......................................

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

and forward by registered mail, or by delivery in person, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the

superintendent of the Rhode Island state police or the chief of police in the city or town in which

the seller purchaser has his or her residence or place of business. The superintendent of the Rhode

Island state police or the chief of police in the city or town in which the person purchaser has his

or her residence or place of business shall mark or stamp the original copy of the application form

with the date and time of receipt and return it by the most expeditious means to the seller. The

triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

registered mail, by delivery in person, or by electronic mail, to the attorney general. The person

who is selling the rifle or shotgun shall retain the original copy duly receipted by the police

authority to whom sent or delivered for a period of six (6) years with other records of the sale. It

shall be the duty of the police authority to whom the duplicate copy of the application form is sent

or delivered to make a background check of the applicant to ascertain whether he or she falls

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under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7)

days from twelve o'clock (12:00) noon of the day following application, no disqualifying

information has been received from the investigating police authority by the person who is selling

the rifle or shotgun, he or she will deliver the firearm applied for to the applicant purchaser. Upon

the finding of no disqualifying information under the provisions of the above cited sections of this

chapter, and in no case later than thirty (30) days after the date of application, the duplicate and

triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate

copies in violation of this chapter or any unauthorized use of the information contained in them

by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §

11-47-39.

     (c) The provisions of this section shall not apply to full-time members of the state police,

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-

2.

     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

***

     This act would provide that applications to purchase certain firearms be sent by the seller

of the firearm to the police department of the city or town in which the purchaser of the firearms

has his or her residence and would provide for the use of electronic mail in the forwarding of the

application.

     This act would take effect upon passage.

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LC003663

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