2020 -- H 7103 SUBSTITUTE B AS AMENDED | |
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LC003663/SUB B | |
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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--THE JULIE LYNN CARDINAL ACT | |
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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: | |
1 | SECTION 1. This act shall be known and may be cited as the "Julie Lynn Cardinal Act." |
2 | SECTION 2. Sections 11-47-35 and 11-47-35.2 of the General Laws in Chapter 11-47 |
3 | entitled "Weapons" are hereby amended to read as follows: |
4 | 11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board -- |
5 | Issuance of permits to certain government officers. |
6 | (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall |
7 | have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the |
8 | purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with |
9 | the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the |
10 | United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and |
11 | any nonresident member of the armed forces of the United States who is stationed in this state and |
12 | who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or |
13 | revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: (i) |
14 | complete and sign in triplicate and deliver to the person selling the pistol or revolver the application |
15 | form described in this section, and in no case shall it contain the serial number of the pistol or |
16 | revolver; and (ii) shall present to the person selling the pistol or revolver a pistol/revolver safety |
17 | certificate issued by the department of environmental management. The certificate shall be retained |
18 | in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser |
19 | has completed a basic pistol/revolver safety course as shall be administered by the department of |
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1 | environmental management. |
2 | (Face of application form) |
3 | Application to Purchase Pistol or Revolver |
4 | Date ………………………………………… Hour ………………………………… A.M. P.M. |
5 | Name |
6 | Address |
7 | (Street and number) (City or town) (State) |
8 | Date of Birth Place of Birth |
9 | Height Weight Color hair |
10 | Color eyes |
11 | Scars |
12 | Tattoos |
13 | Other identifying marks |
14 | Are you a citizen of the United States |
15 | Are you a citizen of Rhode Island |
16 | How long |
17 | Where stationed |
18 | (Armed Forces only) |
19 | Have you ever been convicted of a crime of violence |
20 | (See § 11-47-2) |
21 | Have you ever been adjudicated or under confinement as addicted to a controlled substance |
22 |
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23 | Have you ever been adjudicated or under confinement for alcoholism |
24 |
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25 | Have you ever been confined or treated for mental illness |
26 | From whom is pistol or revolver being purchased |
27 | Seller's address |
28 | Seller's signature |
29 | Applicant's signature |
30 | (See § 11-47-23 for penalty for false information on this application) |
31 | (Reverse side of application form) |
32 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 |
33 | -- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, |
34 | and that I am aware of the penalties for violation of the provisions of the cited sections. I further |
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1 | certify that I have completed the required basic pistol/revolver safety course. |
2 | Signed |
3 | (over) |
4 | County of |
5 | State of Rhode Island |
6 | Subscribed and sworn before me this ……… day of………. A.D. 20.. |
7 | Notary Public |
8 | ...................................... |
9 | (2) The person selling the pistol or revolver shall on the date of application sign and forward |
10 | by registered mail, or by delivery in person, or by electronic mail if approved by the applicable |
11 | police department, the original and duplicate copies of the application to the superintendent of the |
12 | Rhode Island state police or the chief of police in the city or town in which the person purchaser |
13 | has his or her residence or to the superintendent of the Rhode Island state police in the instance |
14 | where the purchaser either resides in the town of Exeter or resides out of state place of business. |
15 | The superintendent of the Rhode Island state police or the chief of police in the city or town in |
16 | which the person purchaser has his or her residence or place of business shall mark or stamp the |
17 | original copy of the application form with the date and the time of receipt and return it by the most |
18 | expeditious means to the person who is selling the pistol or revolver. The triplicate copy duly signed |
19 | by the person who is selling the pistol or revolver shall within seven (7) days be sent by him or her |
20 | by registered mail, by delivery in person, or by electronic mail to the attorney general. The person |
21 | who is selling the pistol or revolver shall retain the original copy duly receipted by the police |
22 | authority to whom sent or delivered for a period of six (6) years with other records of the sale. It |
23 | shall be the duty of the police authority to whom the duplicate copy of the application form is sent |
24 | or delivered to make a background check of the applicant to ascertain whether he or she falls under |
25 | the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of seven (7) days |
26 | from twelve o'clock (12:00) noon of the day following application, no disqualifying information |
27 | has been received from the investigating police authority by the person who is selling the pistol or |
28 | revolver, he or she will deliver the firearm applied for to the applicant purchaser. Upon the finding |
29 | of no disqualifying information under the provisions of the above cited sections of this chapter, and |
30 | in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies |
31 | of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of |
32 | this section or any unauthorized use of the information contained in the copies by a person or |
33 | agency shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions |
34 | of this section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to |
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1 | purchases by retail dealers duly licensed under the provisions of § 11-47-39. |
2 | (b)(1) The department of environmental management shall establish the basic |
3 | pistol/revolver safety course required by this section. The safety course shall consist of not less |
4 | than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course |
5 | shall be available to buyers continually throughout the year at convenient times and places but at |
6 | least monthly at locations throughout the state, or more frequently as required. Proficiency in the |
7 | use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No |
8 | person shall be required to complete the course more than once; provided, that any person |
9 | completing the course who is unable to produce the safety certificate issued by the department of |
10 | environmental management shall be required to take the course again unless the person provides |
11 | evidence to the department that he or she has successfully completed the course. |
12 | (2) The administration of the basic pistol/revolver safety course required by this section |
13 | shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year. |
14 | (c) Proof of passage of the department of environmental management's basic hunter safety |
15 | course will be equivalent to the pistol/revolver safety certificate mandated by this section. |
16 | (d) Any person who has reason to believe that he or she does not need the required handgun |
17 | safety course may apply by any written means to the department of environmental management to |
18 | take an objective test on the subject of matter of the handgun safety course. The test shall be |
19 | prepared, as well as an instruction manual upon which the test shall be based, by the department. |
20 | The manual shall be made available by any means to the applicant who may, within the time limits |
21 | for application, take the objective test at the department or at any location where the handgun safety |
22 | course is being given. Any person receiving a passing grade on the test shall be issued a |
23 | pistol/revolver safety certificate by the department. |
24 | (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11]. |
25 | (f) The following persons shall be issued basic pistol/revolver permits by the department |
26 | of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the |
27 | state police, prison or jail wardens or their deputies, members of the city or town police force, |
28 | members of the park police, conservation officers, members of the airport police and officers of the |
29 | United States government authorized by law to carry a concealed firearm and, at the discretion of |
30 | the department of environmental management, any person who can satisfactorily establish that he |
31 | or she formerly held one of these offices or were so authorized. |
32 | (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast Guard |
33 | on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic |
34 | pistol/revolver permit under this section so long as he or she remains on active duty. |
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1 | (h) Any person who is serving in the active reserve components of the Army, Navy, Air |
2 | Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode Island |
3 | National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under this |
4 | section so long as he or she remains in active status. |
5 | 11-47-35.2. Sale of rifles/shotguns. |
6 | (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have |
7 | elapsed from twelve o'clock (12:00) noon of the day following the day of application for the |
8 | purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with |
9 | the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the |
10 | United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any |
11 | non-resident member of the armed forces of the United States who is stationed in this state and who |
12 | is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun. |
13 | At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign |
14 | in triplicate and deliver to the seller the application form described in this section, and in no case |
15 | shall it contain the serial number of the rifle or shotgun. |
16 | (Face of application form) |
17 | Application to Purchase Shotgun or Rifle |
18 | Date ………………………………………… Hour ………………………………… A.M. P.M. |
19 | Name |
20 | Address |
21 | (Street and number) (City or town) (State) |
22 | Date of Birth Place of Birth |
23 | Height Weight Color hair |
24 | Color eyes |
25 | Scars |
26 | Tattoos |
27 | Other identifying marks |
28 | Are you a citizen of the United States |
29 | Are you a citizen of Rhode Island |
30 | How long |
31 | Where stationed |
32 | (Armed Forces only) |
33 | Have you ever been convicted of a crime of violence |
34 | (See § 11-47-2 General Laws of Rhode Island) |
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1 | Have you ever been adjudicated or under confinement as addicted to a controlled substance |
2 |
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3 | Have you ever been adjudicated or under confinement for alcoholism |
4 |
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5 | Have you ever been confined or treated for mental illness |
6 | From whom is shotgun or rifle being purchased |
7 | Seller's address |
8 | Seller's signature |
9 | Applicant's signature |
10 | (See § 11-47-23 for penalty for false information on this application) |
11 | (Reverse side of application form) |
12 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 |
13 | -- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence Plantations, |
14 | and that I am aware of the penalties for violation of the provisions of the cited sections. |
15 | Signed |
16 | County of |
17 | State of Rhode Island |
18 | Subscribed and sworn before me this ……… day of………. A.D. 20.. |
19 | Notary Public |
20 | ...................................... |
21 | (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and |
22 | forward by registered mail or by delivery in person, or by electronic mail if approved by the |
23 | applicable police department, the original and duplicate copies of the application to the |
24 | superintendent of the Rhode Island state police or the chief of police in the city or town in which |
25 | the seller purchaser has his or her residence or to the superintendent of the Rhode Island state police |
26 | in the instance where the purchaser either resides in the town of Exeter or resides out of state place |
27 | of business. The superintendent of the Rhode Island state police or the chief of police in the city or |
28 | town in which the person purchaser has his or her residence or place of business shall mark or |
29 | stamp the original copy of the application form with the date and time of receipt and return it by |
30 | the most expeditious means to the seller. The triplicate copy duly signed by the seller shall within |
31 | seven (7) days be sent by him or her by registered mail, by delivery in person, or by electronic mail, |
32 | to the attorney general. The person who is selling the rifle or shotgun shall retain the original copy |
33 | duly receipted by the police authority to whom sent or delivered for a period of six (6) years with |
34 | other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of |
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1 | the application form is sent or delivered to make a background check of the applicant to ascertain |
2 | whether he or she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after |
3 | the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no |
4 | disqualifying information has been received from the investigating police authority by the person |
5 | who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant |
6 | purchaser. Upon the finding of no disqualifying information under the provisions of the above cited |
7 | sections of this chapter, and in no case later than thirty (30) days after the date of application, the |
8 | duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and |
9 | triplicate copies in violation of this chapter or any unauthorized use of the information contained |
10 | in them by a person or agency shall be punishable by a fine of not more than one thousand dollars |
11 | ($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly |
12 | licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11- |
13 | 47-39. |
14 | (c) The provisions of this section shall not apply to full-time members of the state police, |
15 | full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11- |
16 | 47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-2. |
17 | SECTION 3. This act shall take effect upon passage. |
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LC003663/SUB B | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES - WEAPONS--THE JULIE LYNN CARDINAL ACT | |
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1 | This act would be called the Julie Lynn Cardinal Act and would provide that applications |
2 | to purchase certain firearms be sent by the seller of the firearm to the Rhode Island state police and |
3 | the police department of the city or town in which the purchaser resides, or to the state police if the |
4 | purchaser resides in Exeter or in another state, and would provide for the use of electronic mail in |
5 | forwarding the application to the police department. |
6 | This act would take effect upon passage. |
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LC003663/SUB B | |
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