Chapter 418

2003 -- S 1189

Enacted 08/06/03

A N A C T

RELATING TO WEAPONS

Introduced By: Senators Damiani, and Polisena

Date Introduced: July 01, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-22 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

11-47-22. Forfeiture and destruction of unlawful firearms. -- (a) No property right

shall exist in any firearm unlawfully possessed, carried, or used, and all unlawful firearms are

hereby declared to be nuisances and forfeited to the state. When forfeited firearms shall be taken

from any person, they shall be surrendered to the superintendent of state police, or to the chief of

police in the city or town in which they are taken, or to the town sergeant of such town where

there is no chief or superintendent of police. The officer to whom they are surrendered shall,

except upon a certificate of a justice of the superior court or the attorney general that the

nondestruction of the weapons is necessary or proper to the ends of justice, proceed to destroy all

such firearms at stated intervals of not more than one year. Provided, however, that if any

forfeited firearm shall be found to be the property of an innocent owner, it shall be returned to the

owner if and when no longer needed for purposes of evidence. Any owner of a firearm who shall

knowingly fail to report the loss or theft of the firearm to the proper law enforcement authorities

shall not be entitled to its return.

(b) When a firearm is lawfully seized, confiscated from or turned in by any person, it

shall be placed in the custody of the superintendent of state police or the chief of police in the city

or town in which it was seized, confiscated or turned in to. The officer who takes custody of the

firearm shall promptly ascertain, using available record keeping systems, including, but not

limited to, the National Crime Information Center, whether the firearm has been reported stolen

and if stolen shall notify the reporting law enforcement agency of the recovery of said firearm. If

the police department in the city or town in which the firearm was seized or confiscated has not

been notified by a justice of the superior court or the attorney general that the firearm is necessary

as evidence in a criminal or civil matter, it shall be returned to the lawful owner. However, any

owner of a firearm who shall knowingly fail to report the loss or theft of the firearm to the proper

law enforcement authorities shall not be entitled to its return.

(c) If a firearm is found not to be stolen and the owner cannot be readily ascertained

within ninety (90) days subsequent to the seizure or confiscation of said firearm and the firearm is

no longer necessary as evidence in a criminal or civil matter, the police department having

custody of the firearm shall have the option of either: (1) destroying said firearm by rendering it

permanently and irretrievably inoperable; or (2) holding an auction of those firearms seized,

confiscated or turned in to said police department; provided, however, any firearms to be

transferred at auction shall be limited to antique firearms or curios or relics. For purposes of this

section, an “antique firearm” shall be defined as any firearm (including any firearm with a

matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or

before 1899, and any replica of such firearm if such replica is not designed or redesigned for

using rim-fire or conventional center fire fixed ammunition, or uses rim-fire or conventional

center fire fixed ammunition which is no longer manufactured in the United States and which is

not readily available in the ordinary channels of commercial trade. “Curios or relics” shall be

defined as firearms which are of special interest to collectors by reason of some quality other than

is associated with firearms intended for sporting use or as offensive or defensive weapons. To be

recognized as curios or relics, firearms must be manufactured at least fifty (50) years prior to the

current date, but not including replicas thereof, and firearms which derive a substantial part of

their monetary value from the fact that they are novel, rare, bizarre, or because of their

association with some historical figure, period, or event.

(d) In the event that an auction is held, bidders shall be limited to bona fide holders of a

valid Federal Firearms License for Retail Sale or a Federal Firearms Collector License. Any

auction shall be advertised at least once a week for a period of three (3) weeks preceding the date

of the auction in a newspaper of general circulation, said notice clearly stating the time, location

and terms of said auction. All funds realized shall be used to purchase and provide necessary

safety equipment, including, but not limited to, bulletproof vests, for the police department

holding the auction and shall not revert to any general fund of the state, city or town, as the case

may be.

(e) All firearms received by any police department in any manner shall be entered in the

department’s permanent records and listed by make, model, caliber and serial number and the

manner in which said firearm was disposed of and, if by auction, the name and federal license

number of the buyer. A copy of said record shall be forwarded to the office of the Rhode Island

Attorney General and the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury

Department on at least an annual basis.

     SECTION 2. This act shall take effect upon passage.

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LC03599

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