2023 -- H 5214

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LC000603

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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 Craven, Shanley, Vella-Wilkinson, Noret, and
Costantino

     Date Introduced: January 19, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-35.1 and 11-47-35.2 of the General Laws in Chapter 11-47

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

     11-47-35.1. Persons exempt from § 11-47-35.

     The provisions of § 11-47-35 shall not apply to full-time members of the state police, full-

time members of the state marshal’s office capitol police, full-time members of city or town police

departments, or state marshals or correctional officers or persons licensed under § 11-47-11.

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

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

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

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

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

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

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

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

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

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

no case shall it contain the serial number of the rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

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

Name

Address

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

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Number of rifles and/or shotguns to be purchased

Have you ever been convicted of a crime of violence

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

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

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

Applicant's signature

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

(Reverse side of application form)

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

47-59, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the

penalties for violation of the provisions of the cited sections.

Signed

County of

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State of Rhode Island

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

      Notary Public

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

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

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

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

police in the city or town in which the purchaser has his or her residence or to the superintendent

of the Rhode Island state police in the instance where the purchaser either resides in the town of

Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of

police in the city or town in which the purchaser has his or her residence shall mark or stamp the

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

expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7)

days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the

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

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

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

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

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

after the lapse of seven (7) days from twelve o’clock (12:00) noon of the day following application,

no disqualifying information has been received from the investigating police authority by the

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

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

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

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

triplicate copies in violation of this chapter or any unauthorized use of the information contained

in them by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-

47-39.

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

full-time members of the capitol police, full-time members of city or town police departments,

persons licensed under §§ 11-47-9 and 11-47-11, or to sales of air rifles or “BB guns” or to sales

of antique firearms as defined in § 11-47-2.

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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 exempt full-time members of the capitol police from the seven (7) day

waiting period and other requirements for purchasing concealable firearms or rifles and shotguns.

     This act would take effect upon passage.

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