2020 -- H 7716 | |
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LC004689 | |
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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 | |
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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 |
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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- |
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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. |
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LC004689 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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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. |
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