2023 -- H 5894

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LC001449

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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 Boylan, Knight, Morales, Tanzi, Potter, Kislak,
McEntee, Kazarian, Batista, and Dawson

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-35 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-35. Sale of concealable weapons — Safety courses and tests — Issuance of

permits to certain government officers Sale of firearms -- Safety courses and tests -- Issuance

of permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver a firearm 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 pistol or revolver firearm shall be unloaded

and securely wrapped, with the bill of sale to be enclosed within the wrapper with the pistol or

revolver firearm. As used in this section, "firearm" means a rifle, shotgun, pistol or revolver. Any

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

or older, not otherwise prohibited by federal or state law, 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 pistol or revolver firearm. At the time of

applying for the purchase of a concealable firearm, the purchaser shall: (i) Complete and sign in

triplicate and deliver to the person selling the pistol or revolver firearm the application form

described in this section, and in no case shall it contain the serial number of the pistol or revolver

firearm; and (ii) Present to the person selling the pistol or revolver a pistol/revolver firearm, a

firearm safety certificate or basic hunter safety course certificate issued by the department of

environmental management. The certificate shall be retained in the possession of the buyer. The

pistol/revolver firearm safety certificate, commonly referred to as a "blue card", shall certify that

the purchaser has completed a basic pistol/revolver firearm safety course test as shall be

administered by the department of environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver Firearm

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 pistols and/or revolvers firearms to be purchased

Type of firearm(s) (e.g. rifle, shotgun, pistol or revolver)…………………………………………

Have you ever been convicted of a crime of violence

(See § 11-47-2)

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 pistol or revolver firearm being purchased

Seller's address

Seller's signature

Applicant's signature

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(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-

47-55, 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. I further certify that I have

completed the required basic pistol/revolver firearm safety course.

Signed

      (over)

County of

State of Rhode Island

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

      Notary Public

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

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

and forward by registered mail, 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 the time of receipt and return it by the most

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

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

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

the attorney general. The person who is selling the pistol or revolver firearm 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 the applicant falls under the provisions of §§ 8-8.3-4, 8-8.3-6, 11-47-5,

11-47-5.4, § 11-47-6, § 11-47-7, or § 11-47-23, or 11-47-37. 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 pistol or

revolver firearm, he or she the seller 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

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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 section or any unauthorized use of the information contained in the copies 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.

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

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

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

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

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

use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No

person shall be required to complete the course more than once; provided, that any person

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

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

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

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

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

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

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

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

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

applies to buy a firearm shall take an objective test, administered by the department of

environmental management, or alternatively, the basic hunter safety course, on the subject matter

of the handgun firearm safety course. The test shall be prepared, as well as an instruction manual

upon which the test shall be based, by the department. The manual shall be made available by any

means to the applicant who may, within the time limits for application, take the objective test at the

department or at any location where the handgun firearm safety course is being given. Any person

receiving a passing grade on the test shall be issued a pistol/revolver firearm safety certificate,

(“blue card”), by the department. No person who passes the blue card safety test shall be required

to complete the test more than once; provided, that any person completing the test who is unable to

produce the safety certificate issued by the department of environmental management shall be

required to take and pass the test again unless the person provides evidence to the department that

they have previously successfully passed the test. The safety test manual and test questions shall

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be reviewed and amended every two (2) years, as appropriate, by the department of environmental

management, to reflect current laws and changes in firearm safety.

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

     (f) The following persons shall be issued basic pistol/revolver permits firearm safety

certificates ("blue cards") by the department of environmental management: sheriffs, deputy

sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies,

members of the city or town police force, members of the park police, conservation officers,

members of the airport police and officers of the United States government authorized by law to

carry a concealed firearm and, at the discretion of the department of environmental management,

any person who can satisfactorily establish that he or she formerly held one of these offices or were

so authorized.

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

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

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

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

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

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

certificate/blue card under this section so long as he or she remains in active status.

     (i) The provisions of this section shall not apply to full-time members of the state 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.

     SECTION 2. Section 11-47-35.2 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby repealed.

     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.

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(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.

LC001449 - Page 6 of 9

Signed

County of

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 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 § 11-47-2.

     SECTION 3. This act shall take effect upon passage.

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LC001449

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

     This act requires purchasers of any firearm including pistols, revolvers, rifles and shotguns,

to take and pass a basic firearm safety test as shall be administered by the department of

environmental management and provides that the safety course manual and test questions for

firearms be evaluated and updated every two (2) years so that they reflect current gun laws and

firearm safety. This act also repeals the option of taking a pistol/revolver safety course, which the

department of environmental management does not offer, and replaces it with a firearm safety test,

commonly known as the blue card test. It also incorporates the provisions of § 11-47-35.2 and

therefore, repeals that section.

     This act would take effect upon passage.

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LC001449

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