2020 -- S 2138

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LC003817

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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: Senators Rogers, Paolino, Morgan, Algiere, and de la Cruz

     Date Introduced: January 22, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-9. Persons exempt from restrictions.

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     (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the

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superintendent and members of the state police; members of the Rhode Island airport police

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department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

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deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

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assigned to the investigation unit; Providence fire department arson investigators, provided that

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the investigator receiving the permit is a graduate of a police-training academy; correctional

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officers, within the department of corrections; members of the city or town police force; capitol

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police investigators of the department of attorney general appointed pursuant to § 42-9-8.1; the

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witness protection coordinator for the witness protection review board as set forth in chapter 30

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of title 12 and subject to the minimum qualifications of § 42-9-8.1; automobile theft investigators

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of the Rhode Island state police pursuant to § 31-50-1; railroad police while traveling to and from

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official assignments or while on assignments; conservation officers; or other duly appointed law

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enforcement officers; nor to members of the Army, Navy, Air Force, and Marine Corps of the

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United States, the National Guard, or organized reserves, when on duty; nor to members of

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organizations by law authorized to purchase or receive firearms from the United States or this

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state, provided these members are at, or going to or from, their places of assembly or target

 

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practice; nor to officers or employees of the United States authorized by law to carry a concealed

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firearm; nor to any civilian guard or criminal investigator carrying sidearms or a concealed

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firearm in the performance of his or her official duties under the authority of the commanding

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officer of the military establishment in the state of Rhode Island where he or she is employed by

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the United States; nor to any civilian guard carrying sidearms or a concealed firearm in the

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performance of his or her official duties under the authority of the adjutant general where he or

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she is employed guarding a national guard facility, provided, that the commanding officer of the

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military establishment shall have on file with the attorney general of this state a list of the names

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and addresses of all civilian guards and criminal investigators so authorized; nor to duly

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authorized military organizations when on duty; nor to members when at, or going to or from,

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their customary places of assembly; nor to any individual employed in the capacity of warden,

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associate warden, major, captain, lieutenant, sergeant, correctional officer or investigator at any

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project owned or operated by a municipal detention facility corporation, including the Donald W.

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Wyatt Detention Facility; nor to the regular and/or ordinary transportation of pistols or revolvers

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as merchandise; nor to any person while transporting a pistol, or revolvers, unloaded from the

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place of purchase to their residence; or place of business, from their residence to their place of

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business or from their place of business to their residence, or to a federal firearms licensee for the

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purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any police station

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or other location designated as a site of a bona fide "gun buy-back" program, but only if said

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pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily or

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directly accessible from the passenger compartment of such vehicle while transporting same and

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further provided, that in the case of a vehicle without a compartment separate from the passenger

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compartment, the firearm or the ammunition shall be stored in a locked container.

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     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

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shall have the right to carry concealed firearms everywhere within this state; provided, that this

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shall not be construed as giving the right to carry concealed firearms to a person transporting

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firearms as merchandise or as household or business goods.

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     (c) The attorney general shall have the authority to enter into agreements or otherwise

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formally approve reciprocal recognition with other states that require an agreement to be in place

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before the state will recognize a Rhode Island concealed handgun permit as valid.

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     (d) The state of Rhode Island shall recognize and honor a concealed handgun or

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concealed weapon permit or license issued by any other reciprocal state or county provided:

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     (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or

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older;

 

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     (2) The reciprocal state or county provides the means for instantaneous verification of the

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validity of all such permits or licenses issued within that state or county, accessible twenty-four

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(24) hours a day;

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     (3) The permit or license holder has in their immediate possession the concealed handgun

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or concealed weapon permit or license along with a photo identification issued by a state or

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governmental agency and presents for verification the permit or license and identification upon

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demand by a law enforcement officer.

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     (e) The permit or license holder shall be subject to the same laws and restrictions with

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respect to carrying a concealed weapon or concealed firearm as a resident of Rhode Island who is

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so licensed.

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     (f) The state of Rhode Island shall recognize an official government issued law

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enforcement identification card issued to an active-duty law enforcement officer from any other

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state or county. These individuals shall be exempt from the provisions of § 11-47-8 and shall

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have the right to carry a concealed firearm everywhere in this state.

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     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 allow the attorney general to enter into an agreement with other states and

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counties relative to concealed weapon carry permits and licenses and would allow license and

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permit holders from those states to carry concealed weapons in Rhode Island provided that they

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are in compliance with the other laws of the state.

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     This act would take effect upon passage.

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