2023 -- S 0379

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LC001144

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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 -- ASSAULT WEAPONS

     

     Introduced By: Senators Miller, Goodwin, Euer, Acosta, Lawson, McKenney,
LaMountain, Kallman, Gallo, and Cano

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 47.2

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ASSAULT WEAPONS

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     11-47.2-1. Short title.

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     This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban

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of 2023".

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     11-47.2-2. Definitions.

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     When used in this chapter:

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     (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or

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device which is capable of holding ammunition to be fed continuously and directly therefrom into

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a semi-automatic firearm. The term shall not include an attached tubular device which is capable

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of holding only .22 caliber rimfire ammunition.

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     (2) "Assault weapon" means:

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     (i) A semi-automatic shotgun with a fixed magazine capacity exceeding six (6) rounds, or

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that has the ability to accept a detachable magazine and has either a pistol grip, or a folding or

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telescopic stock.

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     (ii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) rounds or

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that has the ability to accept a detachable magazine and has at least one of the following features:

 

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     (A) A folding or telescoping stock;

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     (B) A pistol grip that protrudes conspicuously beneath the action of the weapon;

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     (C) A bayonet mount;

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     (D) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; or

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     (E) A grenade launcher.

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     (iii) A semi-automatic pistol that has an ability to accept a detachable magazine and has at

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least one of the following features:

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     (A) The capacity to accept an ammunition magazine at a location outside of the pistol grip;

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     (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward

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handgrip, or silencer;

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     (C) A shroud that is attached to, or partially or completely encircles, the barrel and that

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permits the shooter to hold the firearm with the non-trigger hand without being burned but

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excluding a slide that encloses the barrel;

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     (D) A manufactured weight of fifty ounces (50 oz.) or more when the pistol is unloaded.

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     "Assault weapon" shall not include a semi-automatic rifle which has an attached tubular

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device and which is capable of operating only with .22 caliber rimfire ammunition.

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     (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm

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and which can be removed without disassembly of the firearm, including an ammunition feeding

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device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or

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other tool, or any other object that functions as a tool.

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     (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm

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     dealers license issued pursuant to 18 U.S.C. § 923(a).

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     (5) "Federally licensed gunsmith" means a person who holds a valid federal firearm

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gunsmiths license issued pursuant to 18 U.S.C. § 923(a).

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     (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the

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firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained

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in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not

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include an attached tubular device designed to accept, and capable of operating only with, .22

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caliber rimfire ammunition.

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     (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes,

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detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise

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enhances the concealability, of a firearm.

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     (8) "Forward grip" means a grip or handle located forward of the trigger.

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     (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of

 

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possession has been issued pursuant to § 11-47.2-4.

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     (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade.

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     (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that

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protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held

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and fired with one hand.

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     (12) "Secure storage" means a firearm that is stored in a locked container or equipped with

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a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such

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weapon inoperable by any person other than the owner or other lawfully authorized user.

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     (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull

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of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

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     (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but

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not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached.

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     11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault

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weapons.

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

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under his or her control an assault weapon, except as otherwise authorized under this section. Any

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person convicted of violating this subsection shall be punished by imprisonment of not more than

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ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be

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subject to forfeiture.

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     (b) Subsection (a) of this section shall not apply to:

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     (1) A person who, on the effective date of this chapter, lawfully possessed an assault

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weapon and who, within one year of the effective date of this chapter:

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     (i) Registers the assault weapon with the police department in the city or town where the

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person resides or, if there is no such police department or the person resides out of state, with the

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Rhode Island state police in accordance with the provisions of this section; or

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     (ii) Renders the assault weapon permanently inoperable, as provided in subsection (d) of

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this section; or

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     (iii) Surrenders the assault weapon to the police department in the city or town where the

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person resides, or, if there is no such police department or the person resides out of state, to the

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Rhode Island state police, in accordance with the procedures for surrender of weapons set forth by

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the police department or the Rhode Island state police; or

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     (iv) Transfers or sells the assault weapon to a federally licensed firearm dealer or person

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or firm lawfully entitled to own or possess such weapon.

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     (2)(i) A law enforcement officer who is not otherwise prohibited from receiving such a

 

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weapon and who is either:

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     (A) Exempt under §§ 11-47-9 and 11-47-9.1; or

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     (B) A qualified law enforcement officer under 18 U.S.C. 926B(c) and who is carrying the

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identification required by 18 U.S.C. 926B(d); or

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     (ii) A retired law enforcement officer who is not otherwise prohibited from receiving such

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a weapon upon retirement and who is either:

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     (A) Exempt under §§ 11-47-9 and 11-47-9.1 and has a permit to carry pursuant to § 11-47-

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18(b); or

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     (B) A qualified retired law enforcement officer under 18 U.S.C. 926C(c) and who is

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carrying the identification required by 18 U.S.C. 926C(d).

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     (3) An active duty member of the Armed Forces of the United States or the national guard

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who is authorized to possess and carry assault weapons.

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     (4) A federally licensed firearms dealer who manufactures, purchases, possesses or has

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under his or her control an assault weapon, or who sells, offers to sell, or transfers an assault weapon

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to another federally licensed firearms dealer, to an individual who identified in subsections (b)(2)

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or (b)(3) of this section, or to an individual outside the state who may lawfully possess such weapon.

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     (c) If the holder of a certificate to possess an assault weapon dies, or if the owner of an

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assault weapon which has been registered pursuant to this chapter dies, then the heirs or estate of

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the deceased person shall have one hundred eighty (180) days from the date of death to transfer the

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firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess

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such firearm; voluntarily surrender the firearm to the police department in the city or town where

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the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state;

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within ninety (90) days of obtaining title, register the assault weapon in accordance with the

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provisions of § 11-47.2-4; or, render such weapon permanently inoperable.

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     (d) If the owner of an assault weapon elects to render such weapon permanently inoperable,

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the owner shall file a certification under penalty of perjury on a form prescribed by the

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superintendent of the state police indicating the date on which the assault weapon was rendered

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permanently inoperable. This certification shall be filed with either the chief law enforcement

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officer of the municipality in which the owner resides or, if there is no such police department or

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in the case of an owner who resides outside this state but stores or possesses an assault weapon in

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this state, with the superintendent of the state police. For purposes of this section, "permanently

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inoperable" shall mean that the assault weapon is altered in such a manner that it is incapable of

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discharging a shot by means of an explosive and incapable of being readily restored to a firing

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condition.

 

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     11-47.2-4. Registration of assault weapons.

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     (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully

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possessed on or before the effective date of this statute shall have one year from the effective date

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of this statute to register that weapon. In order to register an assault weapon, the owner shall:

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     (1) Complete an assault weapon registration statement, in the form to be prescribed by the

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superintendent of the state police;

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     (2) Submit to a fingerprint-supported criminal background check to ascertain whether the

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person is disqualified from the possession of firearms under this chapter; and,

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     (3) Pay a registration fee of twenty-five dollars ($25.00) per each person registering one or

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more assault weapons;

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     (b) The information to be provided in the registration statement shall include:

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     (1) The full name, date of birth, address, motor vehicle operator’s license number or state

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identification card number of the registrant;

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     (2) The make, model, caliber, and serial number of the assault weapon being registered;

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and

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     (3) Each registration statement shall be signed by the registrant, and the signature shall

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constitute a representation of the accuracy of the information contained in the registration

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statement.

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     (c) For an applicant who resides in a municipality with an organized full-time police

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department, the registration shall take place at the main office of the police department. For all

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other applicants, the registration shall take place at a Rhode Island state police barracks.

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     (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the

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state police shall prepare the registration statement as described in subsection (a) of this section and

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a certificate of inoperability as described in § 11-47.2-3(d), and shall provide a suitable supply of

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such statements to each organized full-time municipal police department and each state police

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barracks.

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     (e) One copy of the completed assault weapons registration statement shall be returned to

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the registrant and shall constitute a certificate of possession of that assault weapon. A second copy

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shall be sent to the superintendent, and, if the registration takes place at a municipal police

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department, a third copy shall be retained by that municipal police department. A fourth copy of

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the registration statement shall be sent to the attorney general.

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     (f) A certificate of possession shall only authorize the possession of the assault weapon

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specified in the certificate. Any person in possession of multiple assault weapons on the effective

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date of this chapter must submit a separate registration statement in order to obtain a certificate of

 

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possession for each of the assault weapons of which they wish to retain possession.

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     (g) The name and address of a person issued a certificate of possession shall be kept

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confidential and shall not be disclosed without a lawful court order, except such records may be

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disclosed to state or federal law enforcement officers and state and federal probation and parole

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officers acting in the performance of their duties.

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     11-47.2-5. Use and possession of assault weapons with certificate of possession.

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     (a) Any person who has been issued a certificate of possession for an assault weapon as

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provided for in this section, may possess the assault weapon only under the following conditions:

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     (1) At that person's residence, place of business or other property owned by that person, or

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on property owned by another person with the property owner's express permission, except the

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grandfathered assault weapon shall be kept in secure storage when not in the immediate possession

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and control of the grandfathered assault weapon owner;

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     (2) While on a target range which holds a regulatory or business license for the purpose of

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practicing shooting at that target range;

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     (3) While on the premises of a licensed shooting club;

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     (4) While attending any exhibition, display or educational project which is about firearms

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and which is sponsored by, conducted under the auspices of, or approved by a law enforcement

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agency or a nationally or state recognized entity that fosters proficiency in, or promotes education

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about, firearms;

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     (5) While transporting the grandfathered assault weapon to any licensed gun dealer for

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servicing or repair; or

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     (6) While transporting an assault weapon between any of the places set forth in subsections

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(a)(1) through (a)(5) of this section provided the assault weapon is placed in a secure storage.

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     (b) Any person who violates the provisions of subsection (a) of this section, shall be fined

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not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3)

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years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22.

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     11-47.2-6. Licensed firearm dealers -- Certificate of transfer.

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     (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a

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federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition

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to any other reports required by law, execute a certificate of transfer and cause copies of the

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certificate of transfer to be mailed or delivered to the superintendent of the state police and the

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attorney general.

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     (b) The certificate of transfer shall contain:

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     (1) The date of sale or transfer;

 

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     (2) The full name, date of birth, address, motor vehicle operator’s license number or state

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identification card number of the seller or transferor;

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     (3) The federally licensed firearm dealer's federal firearms license number and seller or

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transferor's certificate of possession number; and

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     (4) A description of the grandfathered assault weapon, including the caliber of the assault

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weapon and its make, model and serial number.

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     (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s

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certificate of possession and affix the certificate of possession to the certificate of transfer before

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mailing or delivering copies of the certificate of transfer to the superintendent of the state police

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and the attorney general.

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     (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered

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assault weapon at their business premises, lawfully transport the grandfathered assault weapon

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between dealers or out of the state, or lawfully sell or transfer the firearm outside the state.

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     (e) A federally licensed firearm dealer may take possession of a grandfathered assault

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weapon for the purposes of servicing or repair from any person to whom certificate of possession

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for such weapon has been issued pursuant this chapter.

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     (f) A federally licensed firearm dealer may temporarily transfer possession of a

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grandfathered assault weapon received pursuant to subsection (a) of this section to a federally

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licensed gunsmith for the purpose of servicing or repairing the firearm.

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     11-47.2-7. Severability.

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     If any provisions of the act or the application thereof to any person or circumstances is held

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invalid, such invalidity shall not affect any other provisions or applications of this act, which can

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be given effect without the invalid provision or application, and to this end the provisions of this

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act are declared to be severable.

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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 -- ASSAULT WEAPONS

***

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     This act would ban the possession, sale, and transfer of assault weapons. Possession of

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assault weapons owned on the effective date of this act would be "grandfathered" subject to certain

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registration provisions. Violations are punishable by a fine of up to ten thousand dollars ($10,000),

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or up to ten (10) years imprisonment.

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     This act would take effect upon passage.

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