2020 -- H 7264

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LC003640

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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 Caldwell, Knight, Craven, Tobon, and McKiernan

     Date Introduced: January 23, 2020

     Referred To: House Judiciary

     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 2020

     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 2020.

     11-47.1-2. Definitions.

     As used in this chapter the following terms and phrases are construed as follows:

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

or similar device which has a capacity of more than ten (10) rounds of ammunition. The term

large capacity feeding device shall include an ammunition feeding device with a removable floor

plate or end plate, or any other feature that allows the device to be readily converted 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 or a feeding device that has been

rendered permanently inoperable.

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

dealer's license pursuant to 18 U.S.C. § 923(a).

     11-47.1-3. Large capacity device prohibited.

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

under their 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 ($5000) or by imprisonment of not less than one year nor more

than five (5) years, or both, and except for a first conviction under this section, shall not be

afforded the provisions of a suspension or deferment of sentence, nor probation. Any unlawfully

possessed large capacity feeding device shall be subject to forfeiture.

     (b) The provisions of subsection (a) of this section shall not apply to:

     (1) Any person who, on the effective date of this chapter, lawfully possessed a large

capacity feeding device; provided that, within one hundred eighty (180) days of the effective date

of this chapter the person:

     (i) Permanently 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 in which the person resides or, if there is no such police department or the person resides

out of state, to the nearest Rhode Island state police barracks, in accordance with procedures

promulgated by the chief of police or the superintendent of the state police.;

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

dealer or a firm outside the state of Rhode Island that is lawfully entitled to own or possess such a

device;

     (2) Any law enforcement officer that is exempt under §§ 11-47-9 or 11-47-9.1, or a

retired law enforcement officer exempt under §§ 11-47-9 or 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 a firearm pursuant to § 11-47-18(b); or

     (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 - WEAPONS

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     This act would ban large capacity feeding devices for use in firearms.

     This act would take effect upon passage.

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