2020 -- S 2154

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LC003801

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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 Algiere, Goodwin, Lombardo, Ruggerio, and McCaffrey

     Date Introduced: January 29, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-35 and 11-47-35.2 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby amended to read as follows:

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     11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

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Issuance of permits to certain government officers.

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     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

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have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

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purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

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the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

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United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

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any nonresident member of the armed forces of the United States who is stationed in this state

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and who is twenty-one (21) years of age or older, may upon application purchase or acquire a

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pistol or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser

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shall: (i) complete and sign in triplicate and deliver to the person selling the pistol or revolver the

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application form described in this section, and in no case shall it contain the serial number of the

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pistol or revolver; and (ii) shall present to the person selling the pistol or revolver a

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pistol/revolver safety certificate issued by the department of environmental management. The

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certificate shall be retained in the possession of the buyer. The pistol/revolver safety certificate

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shall certify that the purchaser has completed a basic pistol/revolver safety course as shall be

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administered by the department of environmental management.

 

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(Face of application form)

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Application to Purchase Pistol or Revolver

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Date ………………………………………… Hour ………………………………… A.M. P.M.

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Name

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Address

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      (Street and number) (City or town) (State)

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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Have you ever been convicted of a crime of violence

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(See § 11-47-2)

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Have you ever been adjudicated or under confinement as addicted to a controlled substance

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is pistol or revolver being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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(See § 11-47-23 for penalty for false information on this application)

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(Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

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-- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence

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Plantations, and that I am aware of the penalties for violation of the provisions of the cited

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sections. I further certify that I have completed the required basic pistol/revolver safety course.

 

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     Signed

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      (over)

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     County of

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     State of Rhode Island

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     Subscribed and sworn before me this ……… day of………. A.D. 20..

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      Notary Public

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      ......................................

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     (2) The person selling the pistol or revolver shall on the date of application sign and

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forward by registered mail, or by delivery in person, or by electronic mail if approved by the

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applicable police department, the original and duplicate copies of the application to the

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superintendent of the Rhode Island state police or the chief of police in the city or town in which

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the person purchaser has his or her residence or to the superintendent of the Rhode Island state

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police in the instance where the purchaser resides in the town of Exeter or place of business. The

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superintendent of the Rhode Island state police or the chief of police in the city or town in which

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the person purchaser has his or her residence or place of business shall mark or stamp the original

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copy of the application form with the date and the time of receipt and return it by the most

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expeditious means to the person who is selling the pistol or revolver. The triplicate copy duly

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signed by the person who is selling the pistol or revolver shall within seven (7) days be sent by

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him or her by registered mail, by delivery in person, or by electronic mail to the attorney general.

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The person who is selling the pistol or revolver shall retain the original copy duly receipted by the

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police authority to whom sent or delivered for a period of six (6) years with other records of the

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sale. It shall be the duty of the police authority to whom the duplicate copy of the application

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form is sent or delivered to make a background check of the applicant to ascertain whether he or

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she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

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seven (7) days from twelve o'clock (12:00) noon of the day following application, no

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disqualifying information has been received from the investigating police authority by the person

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who is selling the pistol or revolver, he or she will deliver the firearm applied for to the applicant

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purchaser. Upon the finding of no disqualifying information under the provisions of the above

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cited sections of this chapter, and in no case later than thirty (30) days after the date of

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application, the duplicate and triplicate copies of the application will be destroyed. Retention of

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the duplicate and triplicate copies in violation of this section or any unauthorized use of the

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information contained in the copies by a person or agency shall be punishable by a fine of not

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more than one thousand dollars ($1,000). The provisions of this section shall not apply to bona

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fide sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly

 

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licensed under the provisions of § 11-47-39.

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     (b)(1) The department of environmental management shall establish the basic

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pistol/revolver safety course required by this section. The safety course shall consist of not less

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than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the

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course shall be available to buyers continually throughout the year at convenient times and places

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but at least monthly at locations throughout the state, or more frequently as required. Proficiency

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in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

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No person shall be required to complete the course more than once; provided, that any person

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completing the course who is unable to produce the safety certificate issued by the department of

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environmental management shall be required to take the course again unless the person provides

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evidence to the department that he or she has successfully completed the course.

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     (2) The administration of the basic pistol/revolver safety course required by this section

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shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

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     (c) Proof of passage of the department of environmental management's basic hunter

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safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

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     (d) Any person who has reason to believe that he or she does not need the required

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handgun safety course may apply by any written means to the department of environmental

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management to take an objective test on the subject of matter of the handgun safety course. The

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test shall be prepared, as well as an instruction manual upon which the test shall be based, by the

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department. The manual shall be made available by any means to the applicant who may, within

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the time limits for application, take the objective test at the department or at any location where

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the handgun safety course is being given. Any person receiving a passing grade on the test shall

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be issued a pistol/revolver safety certificate by the department.

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     (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11].

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     (f) The following persons shall be issued basic pistol/revolver permits by the department

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of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

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state police, prison or jail wardens or their deputies, members of the city or town police force,

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members of the park police, conservation officers, members of the airport police and officers of

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the United States government authorized by law to carry a concealed firearm and, at the

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discretion of the department of environmental management, any person who can satisfactorily

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establish that he or she formerly held one of these offices or were so authorized.

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     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

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Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or

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basic pistol/revolver permit under this section so long as he or she remains on active duty.

 

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     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

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Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

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Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

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under this section so long as he or she remains in active status.

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     11-47-35.2. Sale of rifles/shotguns.

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     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall

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have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

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purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

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the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of

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the United States and/or lawful resident of this state who is eighteen (18) years of age or older,

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and any non-resident member of the armed forces of the United States who is stationed in this

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state and who is eighteen (18) years of age or older, may, upon application, purchase or acquire a

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rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle the purchaser shall

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complete and sign in triplicate and deliver to the seller the application form described in this

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section, and in no case shall it contain the serial number of the rifle or shotgun.

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(Face of application form)

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Application to Purchase Shotgun or Rifle

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Date ………………………………………… Hour ………………………………… A.M. P.M.

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Name

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Address

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      (Street and number) (City or town) (State)

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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Have you ever been convicted of a crime of violence

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(See § 11-47-2 General Laws of Rhode Island)

 

LC003801 - Page 5 of 8

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Have you ever been adjudicated or under confinement as addicted to a controlled substance

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is shotgun or rifle being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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(See § 11-47-23 for penalty for false information on this application)

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(Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

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-- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence

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Plantations, and that I am aware of the penalties for violation of the provisions of the cited

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sections.

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     Signed

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     County of

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     State of Rhode Island

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     Subscribed and sworn before me this ……… day of………. A.D. 20..

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      Notary Public

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      ......................................

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     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

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and forward by registered mail, or by delivery in person, or by electronic mail if approved by the

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applicable police department, the original and duplicate copies of the application to the

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superintendent of the Rhode Island state police or the chief of police in the city or town in which

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the seller purchaser has his or her residence or to the superintendent of the Rhode Island state

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police in the instance where the purchaser resides in the town of Exeter or place of business. The

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superintendent of the Rhode Island state police or the chief of police in the city or town in which

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the person purchaser has his or her residence or place of business shall mark or stamp the original

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copy of the application form with the date and time of receipt and return it by the most

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expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven

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(7) days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to

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the attorney general. The person who is selling the rifle or shotgun shall retain the original copy

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duly receipted by the police authority to whom sent or delivered for a period of six (6) years with

 

LC003801 - Page 6 of 8

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other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of

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the application form is sent or delivered to make a background check of the applicant to ascertain

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whether he or she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after

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the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application, no

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disqualifying information has been received from the investigating police authority by the person

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who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant

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purchaser. Upon the finding of no disqualifying information under the provisions of the above

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cited sections of this chapter, and in no case later than thirty (30) days after the date of

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application, the duplicate and triplicate copies of the application will be destroyed. Retention of

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the duplicate and triplicate copies in violation of this chapter or any unauthorized use of the

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information contained in them by a person or agency shall be punishable by a fine of not more

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than one thousand dollars ($1,000). The provisions of this section shall not apply to bona fide

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sales at wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed

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under the provisions of § 11-47-39.

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     (c) The provisions of this section shall not apply to full-time members of the state police,

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full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

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47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-

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2.

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     SECTION 2. This act shall take effect upon passage.

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LC003801

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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 provide that applications to purchase certain firearms be sent by the seller

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of the firearm to the police department of the city or town in which the purchaser of the firearms

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has his or her residence and would provide for the use of electronic mail in the forwarding of the

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application.

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     This act would take effect upon passage.

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LC003801

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