2023 -- S 0134

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LC000139

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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: Senators LaMountain, Quezada, McKenney, Euer, Burke, and Tikoian

     Date Introduced: February 01, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-11 and 11-47-18 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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     11-47-11. License or permit to carry concealed pistol or revolver.

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     (a) The licensing authorities of any city or town shall, upon application of any person

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twenty-one (21) years of age or over having a bona fide residence or place of business within the

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city or town, or of any person twenty-one (21) years of age or over having a bona fide residence

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within the United States and a license or permit to carry a pistol or revolver concealed upon his or

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her person issued by the authorities of any other state or subdivision of the United States, issue a

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license or permit to the person to carry concealed upon his or her person a pistol or revolver

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everywhere within this state for four (4) years from date of issue, if it appears that the applicant has

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good reason to fear an injury to his or her person or property or has any other proper reason for

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carrying a pistol or revolver, and that he or she is a suitable person to be so licensed. The license

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or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the

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fingerprint, photograph, name, address, description, and signature of the licensee and the reason

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given for desiring a license or permit and in no case shall it contain the serial number of any firearm.

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The original shall be delivered to the licensee. Any member of the licensing authority, its agents,

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servants, and employees shall be immune from suit in any action, civil or criminal, based upon any

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official act or decision, performed or made in good faith in issuing a license or permit under this

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chapter.

 

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     (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode

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Island, the licensing authority of any city or town shall not provide or release to any individual,

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firm, association or corporation the name, address, or date of birth of any person who has held or

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currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be

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construed to prohibit the release of any statistical data of a general nature relative to age, gender

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and racial or ethnic background nor shall it be construed to prevent the release of information to

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parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal

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or civil action which the person is a party to that action.

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     11-47-18. License or permit issued by attorney general on showing of need — Issuance

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to retired police officers.

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     (a) The attorney general may issue a license or permit to any person twenty-one (21) years

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of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person upon

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a proper showing of need, subject to the provisions of §§ 11-47-12 and 11-47-15; that license or

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permit may be issued notwithstanding the provisions of § 11-47-7. Any person who resides in

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another state, whether the person has a license or permit to carry a pistol or revolver issued by that,

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or any other state, shall be subject to all requirements in this section.

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     (b) All state police officers and permanent members of city and town police forces of this

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state who have retired in good standing after at least twenty (20) years of service, or retired in good

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standing due to a physical disability other than a psychological impairment, may be issued a license

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or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. If any such

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retired police officer resides outside the State of Rhode Island, the person shall be subject to the

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requirements of subsection (a) of this section. The term “in good standing” means that at the time

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of retirement, the police officer was not facing disciplinary action that could have resulted in his or

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her termination for misconduct or unfitness for office. Any member of the licensing authority, and

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its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based

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upon any official act or decision, performed or made in good faith in issuing a license or permit

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under this chapter.

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     (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode

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Island, the attorney general shall not provide or release to any individual, firm, association or

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corporation the name, address, or date of birth of any person who has held or currently holds a

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license or permit to carry a concealed pistol or revolver. This section shall not be construed to

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prohibit the release of any statistical data of a general nature relative to age, gender and racial or

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ethnic background nor shall it be construed to prevent the release of information to parties involved

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in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action

 

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which said person is a party to such action.

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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 prohibit any city or town from issuing a license or permit to carry a

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concealed weapon to any individual on the basis that person has a license or permit from another

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state. Cities and towns would be restricted to issuing licenses or permits to those individuals who

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reside or who have a business within that city or town. This act would also require that any out-of-

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state applicant meet all the requirements of § 11-47-18 before being issued a license or permit to

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carry a concealed weapon.

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     This act would take effect upon passage.

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