2020 -- S 2594 | |
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LC004804 | |
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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: Senators Goodwin, McCaffrey, Lynch Prata, Coyne, and Euer | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-2 and 11-47-42 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) “Electric arm” means a handheld device that transmits an electric charge from the |
5 | device to a person, including a stun gun or taser. |
6 | (5)(6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun", |
7 | "BB gun", electric arm, or other instrument from which steel or metal projectiles are propelled, or |
8 | that may readily be converted to expel a projectile, except crossbows, recurve, compound, or |
9 | longbows, and except instruments propelling projectiles that are designed or normally used for a |
10 | primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed |
11 | as a firearm under the provisions of this section. |
12 | (6)(7) "Fugitive from justice" means any person who has fled from any state, territory, the |
13 | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
14 | or to avoid giving testimony in any criminal proceeding. |
15 | (7)(8) "Licensing authorities" means the board of police commissioners of a city or town |
16 | where the board has been instituted, the chief of police or superintendent of police of other cities |
17 | and towns having a regular organized police force, and, in towns where there is no chief of police |
18 | or superintendent of police, it means the town clerk who may issue licenses upon the |
19 | recommendation of the town sergeant, and it also means any other person or body duly authorized |
20 | by the city or town charter or by state law. |
21 | (8)(9) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily |
22 | restored to shoot automatically more than one shot, without manual reloading, by a single function |
23 | of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts |
24 | designed and intended for use in converting a weapon into a machine gun, and any combination of |
25 | parts from which a machine gun can be assembled if the parts are in the possession or under the |
26 | control of a person. |
27 | (9)(10) "Person" includes an individual, partnership, firm, association, or corporation. |
28 | (10)(11) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
29 | with overall length less than twenty-six inches (26"), but does not include any pistol or revolver |
30 | designed for the use of blank cartridges only. |
31 | (11)(12) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches |
32 | (26") or barrel length of less than sixteen inches (16"). |
33 | (12)(13) "Sawed-off shotgun" means any shotgun with overall length of less than twenty- |
34 | six inches (26") or barrel length of less than eighteen inches (18"). |
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1 | (13)(14) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, |
2 | accept, and borrow, and "purchasing" shall be construed accordingly. |
3 | (14)(15) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi- |
4 | automatic weapon and causes the weapon to fire by turning the crank handle. |
5 | 11-47-42. Weapons other than firearms prohibited. |
6 | (a)(1) No person shall carry or possess or attempt to use against another any instrument or |
7 | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal |
8 | knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons. |
9 | (2) No person shall with intent to use unlawfully against another, carry or possess a |
10 | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to |
11 | cut and stab another. |
12 | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned |
13 | instruments or weapons, or any razor, or knife of any description having a blade of more than three |
14 | (3) inches in length measuring from the end of the handle where the blade is attached to the end of |
15 | the blade, or other weapon of like kind or description. |
16 | Any person violating the provisions of these subsections shall be punished by a fine of not |
17 | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, |
18 | and the weapon so found shall be confiscated. |
19 | Any person violating the provisions of these subsections while he or she is incarcerated |
20 | within the confines of the adult correctional institutions shall be punished by a fine of not less than |
21 | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment |
22 | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be |
23 | confiscated. |
24 | (b) No person shall sell to a person under eighteen (18) years of age, without the written |
25 | authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill, |
26 | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung- |
27 | fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description |
28 | having a blade of more than three inches (3") in length as described in subsection (a) of this section, |
29 | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly |
30 | known as a Chinese throwing star, except that an individual who is actually engaged in the |
31 | instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged |
32 | star with sharpened edges for the sole purpose of instructional use. Any person violating the |
33 | provisions of this subsection shall be punished by a fine of not less than one thousand dollars |
34 | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one |
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1 | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. |
2 | SECTION 2. This act shall take effect upon passage. |
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LC004804 | |
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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 electric arm as a firearm and subjects it to various regulations under |
2 | chapter 47 of title 11 and would remove stun gun from the list of prohibited weapons. |
3 | This act would take effect upon passage. |
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LC004804 | |
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