2014 -- H 7585

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LC004598

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS - SAFE FIREARMS ACT

     Introduced By: Representative Joseph S.Almeida

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

     11-47-63. Safe firearms act. – (a) Any person who possesses a magazine holding more

than ten (10) rounds after January 1, 2015 shall be guilty of a felony if the magazine was obtained

after the effective date of this section. If the magazine was obtained before that date, the person is

guilty of a misdemeanor and shall be fined not more than ninety dollars ($90.00).

     (b) As used in this section: (1) "Large capacity magazine" means any firearm magazine,

belt, drum, feed strip, or similar device that has the capacity of, or can be readily restored or

converted to accept, more than ten (10) rounds of ammunition, but does not include: (i) A feeding

device that has been permanently altered so that it cannot accommodate more than ten (10)

rounds of ammunition; (ii) A .22 caliber tube ammunition feeding device; (iii) A tubular

magazine that is contained in a lever-action firearm; or (iv) A magazine that is permanently

inoperable;

     (2) "Lawfully possesses", with respect to a large capacity magazine, means that a person

has actual and lawful possession of the large capacity magazine, or constructive possession of the

large capacity magazine pursuant to a lawful purchase of a firearm that contains a large capacity

magazine that was transacted prior to the effective date of this section, regardless of whether the

firearm was delivered to the purchaser prior to the effective date of this section.

     (3) "Licensed gun dealer" means a person who has a federal firearms license and a permit

to sell firearms pursuant to § 11-47-39.

     (c) Except as provided in this section, on and after the effective date of this section, any

person who, within this state, distributes, imports into this state, keeps for sale, offers or exposes

for sale, or purchases a large capacity magazine shall be guilty of a felony. On and after the

effective date of this section, any person who, within this state, transfers a large capacity

magazine, except as provided in subsection (f) of this section, shall be guilty of a felony.

     (d) Except as otherwise provided in this section: (1) Any person who possesses a large

capacity magazine on or after January 1, 2015, that was obtained prior to the effective date of this

section shall be guilty of a misdemeanor and be fined not more than ninety dollars ($90.00) for a

first offense and shall be guilty of a felony for any subsequent offense; and (2) Any person who

possesses a large capacity magazine on or after January 1, 2015, that was obtained on or after the

effective date of this section shall be guilty of a felony.

     (e) A large capacity magazine may be possessed, purchased, or imported by: (1) Police

departments, the department of corrections or the military or naval forces of this state or of the

United States.

     (2) Employees of the Rhode Island nuclear service center licensee operating a nuclear

power generating facility in this state for the purpose of providing security services at such

facility; or

     (3) Any person, firm, corporation engaged in the business of manufacturing large

capacity magazines in this state that manufactures or transports large capacity magazines in this

state for sale within this state to persons permitted to possess such magazines.

     (f) A large capacity magazine may be possessed in the course of business by:

     (1) A licensed gun dealer;

     (2) A gunsmith who is in a licensed gun dealer's employ, who possesses such large

capacity magazine for the purpose of servicing or repairing a lawfully possessed large capacity

magazine; or

     (3) Any person who is the executor or administrator of an estate that includes a large

capacity magazine, which is disposed of as authorized by the probate court, if the disposition is

otherwise permitted by this chapter.

     (g) Subsection (d) of this section shall not prohibit:

     (1) The transfer by bequest or intestate succession of a large capacity magazine to be

disposed of as authorized by the probate court.

     (2) The transfer of a large capacity magazine to a police department or state or federal

military, paramilitary, or protective agency.

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     (3) The transfer of a large capacity magazine to a licensed gun dealer in accordance with

this act.

     SECTION 2. This act shall take effect on January 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS - SAFE FIREARMS ACT

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     This act makes possession of firearms magazines of more than ten (10) rounds capacity

unlawful, exempting, however, military and law enforcement personnel and firearms dealers

engaged in supplying magazines to lawful users, and certain transfers authorized by a probate

court.

     This act would take effect on January 1, 2015.

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