| Chapter 133 |
| 2022 -- H 7358 SUBSTITUTE A Enacted 06/21/2022 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES - WEAPONS |
Introduced By: Representatives Felix, Caldwell, Alzate, Morales, Potter, McNamara, Kazarian, Casimiro, Cassar, and Shanley |
| Date Introduced: February 04, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 11-47-2 and 11-47-51 of the General Laws in Chapter 11-47 entitled |
| "Weapons" are 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) "3D printing process" means 3D printing or additive manufacturing which is a process |
| of making three (3) dimensional solid objects from a computer file and shall include any of various |
| processes in which material is joined or solidified under computer control to create a three (3) |
| dimensional object, with material being added together including liquid molecules, or powder |
| grains. |
| (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C. |
| § 921. |
| (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic |
| weapon and is designed to fire one round on the pull of the trigger and another round upon release |
| of the trigger. |
| (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard |
| stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire |
| the weapon. |
| (5) "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 § 21-28-2.08, any violation of § 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, or assault with intent to commit |
| any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
| offense under § 12-29-5. |
| (6) "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 that may readily |
| be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except |
| instruments propelling projectiles that 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. |
| (7) "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. |
| (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial |
| number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
| maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
| not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
| required to have a serial number in accordance with the federal Gun Control Act of 1968. |
| (9) "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. |
| (10) "Machine gun" means any weapon that 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. |
| (11) "Major component" means, with respect to a firearm: |
| (i) The slide or cylinder or the frame or receiver of the firearm; and |
| (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
| (12) "Person" includes an individual, partnership, firm, association, or corporation. |
| (13) "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. |
| (14) "Rifle" shall have the same meaning as in 26 U.S.C. § 5845 (c), and by barrel length |
| and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. |
| ch. 53 (prior § 5801 et. seq.). |
| (14)(15) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches |
| (26") or barrel length of less than sixteen inches (16"). |
| (15)(16) "Sawed-off shotgun" means any shotgun with overall length of less than twenty- |
| six inches (26") or barrel length of less than eighteen inches (18"). |
| (16)(17) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, |
| accept, and borrow, and "purchasing" shall be construed accordingly. |
| (18) "Shotgun" shall have the same meaning as in 26 U.S.C. § 5845 (d), and by barrel |
| length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
| U.S.C. ch 53 (prior § 5801 et. seq.). |
| (17)(19) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi- |
| automatic weapon and causes the weapon to fire by turning the crank handle. |
| (18)(20) "Undetectable firearm" means any firearm that: |
| (i) After removal of all parts, other than a major component, is not as detectable by walk- |
| through metal detectors commonly used at airports or other public buildings; or |
| (ii) Any major component of which, if subjected to inspection by the types of detection |
| devices commonly used at airports or other public buildings for security screening, would not |
| generate an image that accurately depicts the shape of the component; or |
| (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
| (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
| on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
| markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
| apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
| 11-47-51. Loaded weapons in vehicles Loaded rifles and shotguns in vehicles and |
| roadways. |
| (a) It is unlawful for any person to have in his or her possession a loaded rifle or loaded |
| shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been |
| removed in or on any vehicle or conveyance or its attachments while upon or along any public |
| highway, road, lane, or trail within this state; provided, that the provisions of this section shall not |
| apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens |
| or their deputies, members of the city or town police force, investigators of the department of |
| attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other |
| inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-7.2, |
| nor to other duly appointed law enforcement officers, including conservation officers, nor to |
| members of the Army, Navy, Air force Force, or Marine Corps of the United States, or the National |
| Guard or organized reserves, when on duty, nor to officers or employees of the United States |
| authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator |
| carrying sidearms or a concealed firearm in the performance of his or her official duties under the |
| authority of the commanding officer of the military establishment in the state of Rhode Island where |
| he or she is employed by the United States; nor to persons legally engaged in hunting activity |
| pursuant to the provisions of chapters chapter 13 or 18 of title 20. |
| (b) Any person convicted of violating the provisions of this section shall be punished by |
| imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000), |
| or both. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004198/SUB A |
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