Criminal Offenses


SECTION 11-47-2

§ 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) "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) "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) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, accept, and borrow, and "purchasing" shall be construed accordingly.

(17) "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) "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.

History of Section.
(P.L. 1927, ch. 1052, § 1; G.L. 1938, ch. 404, § 1; P.L. 1950, ch. 2452, § 1; G.L. 1956, § 11-47-2; P.L. 1959, ch. 75, § 1; P.L. 1974, ch. 184, § 1; P.L. 1975, ch. 278, § 1; P.L. 1988, ch. 660, § 1; P.L. 1989, ch. 542, § 7; P.L. 1991, ch. 333, § 1; P.L. 1995, ch. 153, § 1; P.L. 1996, ch. 275, § 1; P.L. 2012, ch. 213, § 1; P.L. 2012, ch. 232, § 1; P.L. 2018, ch. 5, § 1; P.L. 2018, ch. 8, § 1; P.L. 2020, ch. 9, § 1; P.L. 2020, ch. 10, § 1.)