2019 -- H 5172

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LC000322

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES-WEAPONS

     

     Introduced By: Representatives Marshall, Shekarchi, and Almeida

     Date Introduced: January 23, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-30, 11-47-33, 11-47-34 and 11-47-35.2 of the General Laws

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in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

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     11-47-30. Sale, transfer or delivery of firearms to minors.

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     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

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cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18)

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twenty-one (21) years of age, when the person knows or has reason to know that the recipient is

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under eighteen (18) twenty-one (21) years of age, except for the limited purposes set forth in §§

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11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of

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the minor.

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     (b) Every person violating this section shall be punished, upon conviction, by

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imprisonment for not less than ten (10) years and not more than twenty (20) years. The

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prohibitions of this section shall not apply to any federally and state licensed retail dealer who

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makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle,

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air pistol, "blank gun" or "BB gun."

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     11-47-33. Possession of firearms by minors.

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     (a) It shall be unlawful within this state for any person under eighteen (18) twenty-one

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(21) years of age to possess and use any firearm unless he or she shall hold a permit as provided

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in § 11-47-34, and unless the person is in the presence of a parent or guardian or supervising adult

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at any regular and recognized camp or rifle range approved by the Rhode Island state police or by

 

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the chief of police of the city or town in which the camp or rifle range is located; provided, that

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this provision shall not apply to minors engaged in lawful hunting activity under the supervision

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of a parent or guardian or qualified adult, minors participating in Reserve Officer Training Corps

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programs, ceremonial parade activities, competitive and target shooting, participants in state

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militia activities and minors participating in a basic firearms education program; provided,

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further, that a person under eighteen (18) twenty-one (21) years of age may carry a firearm,

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unloaded, in a suitable case to and from his or her home and the camp or range and from the

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camp or range to other camp or range when accompanied by a parent, guardian or supervising

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adult.

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     (b) For purposes of this section only, "qualified adult" means any person twenty-one (21)

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years of age or older and permitted by law to possess and use the firearm.

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     11-47-34. Firearms permits to minors.

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     The Rhode Island state police or the chief of police of the city or town in which the

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person resides shall issue permits to any person under eighteen (18) twenty-one (21) years of age

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only upon satisfactory proof of being engaged in a course of training in the use of firearms at a

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regular and recognized camp or rifle range, and provided that the person has the written consent

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of a parent or guardian. Valid membership cards of junior gun clubs or of junior divisions of

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senior gun clubs incorporated in the state of Rhode Island shall be prima facie evidence of the

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person under eighteen (18) twenty-one (21) years of age being engaged in a course of training in

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the use of firearms at a regular and recognized camp or rifle range.

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     11-47-35.2. Sale of rifles/shotguns.

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     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall

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have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

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purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

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the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of

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the United States and/or lawful resident of this state who is eighteen (18) twenty-one (21) years of

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age or older, and any non-resident member of the armed forces of the United States who is

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stationed in this state and who is eighteen (18) twenty-one (21) years of age or older, may, upon

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application, purchase or acquire a rifle or shotgun. At the time of applying for the purchase of a

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shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the

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application form described in this section, and in no case shall it contain the serial number of the

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rifle or shotgun.

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(Face of application form)

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Application to Purchase Shotgun or Rifle

 

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Date ………………………………………… Hour ………………………………… A.M. P.M.

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Name

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Address

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      (Street and number) (City or town) (State)

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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Have you ever been convicted of a crime of violence

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(See § 11-47-2 General Laws of Rhode Island)

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Have you ever been adjudicated or under confinement as addicted to a controlled substance

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is shotgun or rifle being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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(See § 11-47-23 for penalty for false information on this application)

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(Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

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-- 11-47-59, inclusive, of the general laws of the State of Rhode Island and Providence

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Plantations, and that I am aware of the penalties for violation of the provisions of the cited

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sections.

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     Signed

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     County of

 

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     State of Rhode Island

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     Subscribed and sworn before me this ……… day of………. A.D. 20..

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      Notary Public

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      ......................................

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     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

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and forward by registered mail or by delivery in person, the original and duplicate copies of the

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application to the superintendent of the Rhode Island state police or the chief of police in the city

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or town in which the seller has his or her residence or place of business. The superintendent of the

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Rhode Island state police or the chief of police in the city or town in which the person has his or

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her residence or place of business shall mark or stamp the original copy of the application form

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with the date and time of receipt and return it by the most expeditious means to the seller. The

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triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

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registered mail to the attorney general. The person shall retain the original copy duly receipted by

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the police authority to whom sent or delivered for a period of six (6) years with other records of

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the sale. It shall be the duty of the police authority to whom the duplicate copy of the application

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form is sent or delivered to make a background check of the applicant to ascertain whether he or

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she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

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seven (7) days from twelve o'clock (12:00) noon of the day following application, no

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disqualifying information has been received from the investigating police authority by the person

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who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant.

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Upon the finding of no disqualifying information under the provisions of the above cited sections

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of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

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and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate

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copies in violation of this chapter or any unauthorized use of the information contained in them

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by a person or agency shall be punishable by a fine of not more than one thousand dollars

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($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

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licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §

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11-47-39.

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     (c) The provisions of this section shall not apply to full-time members of the state police,

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full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

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47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as defined in § 11-47-

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2.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES-WEAPONS

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     This act would raise the legal age to purchase a rifle or shotgun from eighteen (18) years

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of age to twenty-one (21) years of age, prohibit the sale of firearms to anyone under the age of

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twenty-one (21) and raise the age for minors with permits for sporting purposes and training to

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the age of twenty-one (21).

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     This act would take effect upon passage.

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