2013 -- H 5286 SUBSTITUTE A

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LC00953/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Representatives Craven, O`Neill, Lombardi, Marshall, and O'Brien

     Date Introduced: February 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-24 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-24. Alteration of marks of identification on firearms. -- (a) No person shall

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change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or

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other mark of identification on any firearm. Possession of any firearm upon which any of these

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marks shall have been changed, altered, removed, or obliterated shall be prima facie evidence that

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the possessor has changed, altered, removed, or obliterated it. Violation of the provisions of this

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section may be punished by imprisonment for not more than five (5) years. or if there is no name

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of the maker, model, or manufacturer's number then any other mark of identification on any

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firearm.

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     (b) No person shall, absent recertification paperwork, knowingly receive, transport, or

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possess any firearm which has had the name of the maker or manufacturer's serial number

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removed, altered, or obliterated, or if there is no name of the maker, model, or manufacturer's

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number than any other mark of identification on any firearm.

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     (c) Possession of any firearm, absent recertification paperwork, upon which the name of

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the maker, model, manufacturer's number, or if there is no name of the maker, model, or

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manufacturer's number then any other mark of identification on any firearm has been changed,

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altered, removed, or obliterated shall be prima facie evidence that the possessor has changed,

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altered, removed, or obliterated it.

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     (d) A person in possession of a firearm, with proof of ownership and/or transfer from a

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FFL dealer, may apply for recertification of that firearm from a Rhode Island based licensed

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firearms business owner who also is a FFL dealer or a local police chief and/or police department

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official if the name of the maker, model, manufacturer's number, or if there is no name of the

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maker, model, or manufacturer's number then any other mark of identification on the firearm has

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been only partially damaged.

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     (e) The Rhode Island based licensed firearms business owner who is also a FFL dealer or

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a local police chief and/or police department official shall, within sixty (60) days of the

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application if he or she is reasonably able to verify the firearm ownership and identifying marks

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recertify the firearm or return the firearm to the person who presented it, certify by written

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notarized documentation that the firearm's name of the maker, model, manufacturer's number, or

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if there is no name of the maker, model, or manufacturer's number then any other mark of

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identification on the firearm has been partially damaged and is still identifiable and traceable to

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the record owner.

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     (f) The sale or transfer of a recertified firearm and/or the submission of a report by the

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record owner that the firearm was stolen immediately voids all recertification documentation.

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     (g) Violation of the provisions of this section may be punished by imprisonment for not

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more than five (5) years.

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     (h) This section shall not apply to the lawful exchange of component parts to any antique

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and collectible weapons legally possessed by collectors and dealers of firearms as provided in

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section 11-47-25.

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     SECTION 2. This act shall take effect upon passage.

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LC00953/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES

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     This act would make it unlawful for any person to knowingly receive, transport or

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possess any firearm which has had the name of the maker or the manufacturer's serial number

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removed, altered, or obliterated, absent a recertification, except for antique and collectible

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weapons legally possessed by collectors and dealers of firearms.

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     This act would take effect upon passage.

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LC00953/SUB A/3

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