Chapter 232

2012 -- H 7249

Enacted 06/13/12

 

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

          

     Introduced By: Representatives Chippendale, Tanzi, Walsh, Marcello, and Carnevale

     Date Introduced: January 25, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

 

     11-47-2. Definitions. -- When used in this chapter, the following words and phrases are

construed as follows:

      (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

section 921.

      (2) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of section 21-28-2.08, any violation of

section 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes,

assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault

with intent to commit any offense punishable as a felony; upon any conviction of an offense

punishable as a felony offense under section 12-29-5.

      (3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun,"

"BB gun," or other instrument from which steel or metal projectiles are propelled, or which may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

and except instruments propelling projectiles which are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

      (4) "Fugitive from justice" means any person who has fled from any state, territory, the

District of Columbia, or possession of the United States to avoid prosecution for a crime of

violence or to avoid giving testimony in any criminal proceeding.

      (5) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

      (6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

readily restored to shoot automatically more than one shot, without manual reloading, by a single

function of the trigger. The term also includes the frame or receiver of the weapon, any

combination of parts designed and intended for use in converting a weapon into a machine gun,

and any combination of parts from which a machine gun can be assembled if the parts are in the

possession or under the control of a person.

      (7) "Person" includes an individual, partnership, firm, association, or corporation.

      (8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon

with overall length less than twenty-six inches (26"), but does not include any pistol or revolver

designed for the use of blank cartridges only.

      (9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

(26") and/or barrel length of less than sixteen inches (16").

      (10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

inches (26") and/or barrel length of less than eighteen inches (18").

      (11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

 

     SECTION 2. This act shall take effect upon passage.

     

=======

LC00698

=======