2023 -- H 5045

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives Perez, Vella-Wilkinson, Noret, Lima, Corvese,
Costantino, and Cardillo

     Date Introduced: January 11, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-8 of the General Laws in Chapter 11-47 entitled "Weapons" is

hereby amended to read as follows:

     11-47-8. License or permit required for carrying pistol — Other weapons prohibited.

     (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-

12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

person whether visible or concealed, except in his or her dwelling house or place of business or on

land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these

sections shall not apply to any person who is the holder of a valid license or permit issued by the

licensing authority of another state, or territory of the United States, or political subdivision of the

state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or

on or about his or her person whether visible or concealed, provided that the other state, territory

of the United States or political subdivision of any state or territory recognizes and gives reciprocity

to license or permit holders from the State of Rhode Island, or provided the person is merely

transporting the firearm through the state in a vehicle or other conveyance without any intent on

the part of the person to detain him or herself or remain within the state of Rhode Island. No person

shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this

chapter. Every person violating the provision of this section shall, upon conviction, be punished by

imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand

dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded

the provisions of suspension or deferment of sentence, nor a probation.

     (b) No person shall have in his or her possession or under his or her control any sawed-off

shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this

subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five

thousand dollars ($5,000), or both.

     (c) No person shall have in his or her possession or under his or her control any firearm

while the person delivers, possesses with intent to deliver, or manufactures a controlled substance.

Any person convicted of violating this subsection shall be punished by imprisonment for not less

than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any

sentence the person may receive for the delivery, possession with intent to deliver, or the

manufacture of the controlled substance. It shall not be a defense to a violation of this subsection

that a person has a license or permit to carry or possess a firearm.

     (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger

crank, or any other device that when attached to a semi-automatic weapon allows full-automatic

fire. Individuals who possess these items shall have ninety (90) days from the enactment of this

section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every

person violating the provisions of this section shall, upon conviction, be punished by imprisonment

for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000),

or both, and, except for a first conviction under this section, shall not be afforded the provisions of

suspension or deferment of sentence, nor a probation.

     (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have

under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D

printing process. Any person convicted of violating this subsection shall be punished by

imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or

both and except for a first conviction under this section shall not be afforded the provisions of

suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to

federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives

(ATF) regulations.

     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 those persons with concealed carry permits issued by other states to

carry upon their person weapons in Rhode Island provided that the issuing state recognizes and

gives reciprocity to Rhode Island license or permit holders.

     This act would take effect upon passage.

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