2020 -- H 7716

========

LC004689

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives Diaz, Caldwell, Barros, Almeida, and Ajello

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     (Governor/Attorney General)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 11-47-2 and 11-47-51 of the General Laws in Chapter 11-47 entitled

2

"Weapons" are hereby amended to read as follows:

3

     11-47-2. Definitions.

4

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

5

     (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

6

§ 921.

7

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

8

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

9

of the trigger.

10

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

11

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

12

the weapon.

13

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

14

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

15

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

16

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

17

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

18

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

19

28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

 

1

dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit

2

any offense punishable as a felony; upon any conviction of an offense punishable as a felony

3

offense under § 12-29-5.

4

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

5

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

6

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

7

instruments propelling projectiles that are designed or normally used for a primary purpose other

8

than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the

9

provisions of this section.

10

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

11

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

12

or to avoid giving testimony in any criminal proceeding.

13

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

14

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

15

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

16

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

17

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

18

by the city or town charter or by state law.

19

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

20

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

21

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

22

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

23

parts from which a machine gun can be assembled if the parts are in the possession or under the

24

control of a person.

25

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

26

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

27

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

28

for the use of blank cartridges only.

29

     (11) "Rifle" means a firearm having a rifled bore with a barrel length equal to or greater

30

than sixteen inches (16") with an overall length equal to or greater than twenty six inches (26"),

31

and capable of discharging a shot or bullet for each pull of the trigger.

32

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

33

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

34

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

 

LC004689 - Page 2 of 4

1

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

2

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

3

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

4

     (15) "Shotgun" means a firearm having a smooth bore with a barrel length equal to or

5

greater than eighteen inches (18") with an overall length equal to or greater than twenty six inches

6

(26"), and capable of discharging a shot or bullet for each pull of the trigger.

7

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

8

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

9

     11-47-51. Loaded weapons in vehicles Loaded rifles and shotguns in vehicles and

10

roadways.

11

     (a) It is unlawful for any person to have in his or her possession a loaded rifle or loaded

12

shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been

13

removed in or on any vehicle or conveyance or its attachments while upon or along any public

14

highway, road, lane, or trail within this state; provided, that the provisions of this section shall not

15

apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens

16

or their deputies, members of the city or town police force, investigators of the department of

17

attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other

18

inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-7.2,

19

nor to other duly appointed law enforcement officers, including conservation officers, nor to

20

members of the Army, Navy, Air force, or Marine Corps of the United States, or the National Guard

21

or organized reserves, when on duty, nor to officers or employees of the United States authorized

22

by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying

23

sidearms or a concealed firearm in the performance of his or her official duties under the authority

24

of the commanding officer of the military establishment in the state of Rhode Island where he or

25

she is employed by the United States nor to persons legally engaged in hunting activity pursuant to

26

§ 20-18-3.

27

     (b) Any person convicted of violating the provisions of this section shall be punished by

28

imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000).

29

     SECTION 2. This act shall take effect upon passage.

========

LC004689

========

 

LC004689 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

1

     This act would define rifle and shotgun and makes it unlawful to possess a loaded rifle or

2

shotgun in public subject to various exceptions for law enforcement and other authorized

3

individuals.

4

     This act would take effect upon passage.

========

LC004689

========

 

LC004689 - Page 4 of 4