Chapter
267
2008 -- H 8117 SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING TO CRIMINAL
OFFENSES -- WEAPONS
Introduced By:
Representative Edwin R. Pacheco
Date Introduced: April 03,
2008
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.
(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; (2) transferring custody of said firearms to
the state
crime
laboratory for the purpose of criminal investigation; or (2) (3) 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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LC00430/SUB A
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