2013 -- S 0864

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LC02364

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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 - WEAPONS

     Introduced By: Senators Miller, Nesselbush, Goldin, Jabour, and Satchell

     Date Introduced: April 11, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-5, 11-47-5.1, 11-47-8, 11-47-9, 11-47-30 and 11-47-48.1 of

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

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     11-47-5. Possession of arms by person convicted of crime of violence or who is a

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fugitive from justice. -- (a) No person who has been convicted in this state or elsewhere of a

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crime of violence, convicted of an offense punishable as a misdemeanor offense under section 12-

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29-5, or who is a fugitive from justice shall purchase, own, carry, transport, or have in his or her

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possession any firearm.

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      (b) Notwithstanding the provisions of subsection (a) of this section, no person convicted

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of an offense punishable as a felony offense under section 12-29-5 shall purchase, own, carry,

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transport, or have in his or her possession any firearm, for a period of two (2) years following the

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date of that conviction.

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      (c) (b) No person who is in community confinement pursuant to the provisions of section

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42-56-20.2 or who is otherwise subject to electronic surveillance or monitoring devices as a

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condition of parole shall purchase, carry, transport, or have in his or her possession any firearm.

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This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or

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nolo contendere to) a crime of violence in a court of competent jurisdiction.

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      (d) (c) Every person violating the provisions of this section shall, upon conviction, be

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punished by imprisonment for not less than two (2) three (3) nor more than ten (10) fifteen (15)

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years; and for penalties provided in this section he or she shall not be afforded the benefit of

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suspension or deferment of sentence nor of probation.

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     11-47-5.1. Larceny of a firearm. -- (a) Every person who shall steal any firearm shall be

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deemed guilty of larceny. "Firearm", as utilized in this section only, shall not apply to an air rifle,

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air pistol, "blank gun," or "BB gun." Every person violating the provisions of this section shall be

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sentenced, upon conviction, to not less than one year two (2) years nor more than ten (10) fifteen

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(15) years; and for penalties as provided in this section he or she shall not be afforded the

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provisions of suspension or deferment of sentence nor probation.

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      (b) No person shall steal any firearm as defined in this section and then sell, lend, or

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transfer the firearm or firearms. Any person convicted of violating the provisions of this

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subsection shall be punished by imprisonment for not less than ten (10) years nor more than

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twenty (20) years, and the sentence shall be consecutive to any other sentence he or she may

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receive or is serving.

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     11-47-8. License or permit required for carrying pistol -- Possession of machine gun.

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-- (a) No person shall, without a license or permit issued as provided in sections 11-47-11, 11-47-

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12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

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person whether visible or concealed, except in his or her dwelling house or place of business or

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on land possessed by him or her or as provided in sections 11-47-9 and 11-47-10. The provisions

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of these sections shall not apply to any person who is the holder of a valid license or permit

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issued by the licensing authority of another state, or territory of the United States, or political

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subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any

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vehicle or conveyance or on or about his or her person whether visible or concealed, provided the

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person is merely transporting the firearm through the state in a vehicle or other conveyance

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without any intent on the part of the person to detain him or herself or remain within the state of

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Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as

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otherwise provided in this chapter. Every person violating the provision of this section shall, upon

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conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by

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a fine up to ten thousand dollars ($10,000), or both, . Any person violating the provisions of this

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section upon a second or subsequent conviction shall be punished by imprisonment for not less

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than two (2) years nor more than fifteen (15) years or a fine up to fifteen thousand dollars

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($15,000), or both. and except Except for a first conviction under this section, the person shall not

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be afforded the provisions of suspension or deferment of sentence, nor a probation.

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      (b) No person shall have in his or her possession or under his or her control any sawed-

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off shotgun or sawed-off rifle as defined in section 11-47-2. Any person convicted of violating

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this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to

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five thousand dollars ($5,000), or both.

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      (c) No person shall have in his or her possession or under his or her control any firearm

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while the person delivers, possesses with intent to deliver, or manufactures a controlled

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substance. Any person convicted of violating this subsection shall be punished by imprisonment

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for not less than two (2) years nor more than twenty (20) years, and the sentence shall be

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consecutive to any sentence the person may receive for the delivery, possession with intent to

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deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of

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this subsection that a person has a license or permit to carry or possess a firearm.

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     (d) No person shall carry a rifle or shotgun in any vehicle or conveyance or on or about

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his or her person whether visible or concealed, except in his or her dwelling house or place of

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business or on land possessed by him or her.

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     (i) Every person violating the provisions of this section shall, upon conviction, be

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punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to

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ten thousand dollars ($10,000), or both. Any person violating the provisions of this section upon a

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second or subsequent conviction shall be punished by imprisonment for not less than two (2)

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years nor more than fifteen (15) years or a fine up to fifteen thousand dollars ($15,000), or both.

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Except for a first conviction under this section, the person shall not be afforded the provisions of

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suspension or deferment of sentence, nor probation.

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     (ii) This section shall not apply to those persons engaged in lawful hunting activity as

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provided in chapter 20-13, lawful target shooting within this state or lawfully engaged in any of

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the activities authorized by section 11-47-9.

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     11-47-9. Persons exempt from restrictions. -- The provisions of section 11-47-8 shall

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not apply to sheriffs, deputy sheriffs, the superintendent and members of the state police,

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members of the Rhode Island airport police department, members of the Rhode Island state

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marshals, Rhode Island state fire marshal, chief deputy state fire marshals, deputy state fire

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marshals assigned to the bomb squad, and those assigned to the investigation unit, correctional

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officers, all within the department of corrections, members of the city or town police force,

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capitol police investigators of the department of attorney general appointed pursuant to section

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42-9-8.1, the witness protection coordinator for the witness protection review board as set forth in

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chapter 30 of title 12 and subject to the minimum qualifications of section 42-9-8.1, the director,

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assistant director, investigators of the department of public safety Workers' Compensation

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Investigations unit pursuant to section 42-7.3-3.1 and automobile theft investigators of the Rhode

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Island state police pursuant to section 31-50-1, railroad police while traveling to and from official

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assignments or while on assignments, conservation officers, or other duly appointed law

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enforcement officers, nor to members of the Army, Navy, Air Force, and Marine Corps of the

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United States, the National Guard, or organized reserves, when on duty, nor to members of

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organizations by law authorized to purchase or receive firearms from the United States or this

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state, provided these members are at or going to or from their places of assembly or target

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practice, nor to officers or employees of the United States authorized by law to carry a concealed

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firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed

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firearm in the performance of his or her official duties under the authority of the commanding

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officer of the military establishment in the state of Rhode Island where he or she is employed by

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the United States, nor to any civilian guard carrying sidearms or a concealed firearm in the

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performance of his or her official duties under the authority of the adjutant general where he or

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she is employed guarding a national guard facility, provided, that the commanding officer of the

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military establishment shall have on file with the attorney general of this state a list of the names

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and addresses of all civilian guards and criminal investigators so authorized, nor to duly

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authorized military organizations when on duty, nor to members when at or going to or from their

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customary places of assembly, nor to any individual employed in the capacity of warden,

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associate warden, major, captain, lieutenant, sergeant, correctional officer or investigator at any

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project owned or operated by a municipal detention facility corporation, including the Donald W.

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Wyatt Detention Facility, nor to the regular and/or ordinary transportation of pistols or revolvers

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as merchandise, nor to any person while transporting a pistol pistols, or revolvers, rifles, or

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shotguns unloaded from the place of purchase to their residence, or place of business, from their

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residence to their place of business or from their place of business to their residence, or to a

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Federal Firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms

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repair facility, to any police station or other location designated as a site of a bona fide "gun buy-

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back" program but only if said pistol, or revolver, rifle or shotgun is unloaded and any

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ammunition for said pistol, or revolver, rifle or shotgun is not readily or directly accessible from

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the passenger compartment of such vehicle while transporting same and further provided that in

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the case of a vehicle without a compartment separate from the passenger compartment the firearm

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or the ammunition shall be stored in a locked container. Persons exempted by the provisions of

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this section from the provisions of section 11-47-8 shall have the right to carry concealed firearms

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everywhere within this state; provided, that this shall not be construed as giving the right to carry

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concealed firearms to a person transporting firearms as merchandise or as household or business

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goods.

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     11-47-30. Sale, transfer or delivery of firearms to minors. -- (a) It shall be unlawful

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within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred,

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given or conveyed any firearm to any person under eighteen (18) years of age, when the person

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knows or has reason to know that the recipient is under eighteen (18) years of age, except for the

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limited purposes set forth in sections 11-47-33 and 11-47-34 and with the prior approval or

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consent of the parent or legal guardian of 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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     (c) If a firearm is sold, transferred, given, conveyed, or caused to be sold, transferred,

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given or conveyed to any person under eighteen (18) years of age and is used in a crime of

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violence, every person upon conviction shall be punished by imprisonment of not less than fifteen

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(15) years and the sentence shall be consecutive to any sentence the person may receive for

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violation of subsection (b).

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     11-47-48.1. Report of lost or stolen weapons. -- Every person who owns a firearm shall

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report the loss or theft of their firearm to the local law enforcement agency within twenty-four

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(24) hours of the discovery of the loss or theft. Whoever knowingly violates this section shall be

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punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100)

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more than five hundred dollars ($500). Those convicted of a second or subsequent violation of

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this section are guilty of a misdemeanor subject to imprisonment of not more than one year, or a

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fine of up to one thousand dollars ($1,000), or both.

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     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

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by adding thereto the following section:

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     11-47-35.4. Sale or transfer to a party who is not intended owner or possessor. – (a)

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No person, entity, or dealer shall sell, loan, or transfer a firearm to any person whom the person,

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entity, or dealer knows or has cause to believe is not the actual purchaser or transferee of the

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firearm, or to anyone who is not the one actually being loaned the firearm, if the person, entity, or

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dealer has knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid

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the provisions of sections 11-47-35 or 11-47-35.2.

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     (b) No person, entity, or dealer shall acquire a firearm for the purpose of selling, loaning,

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or transferring the firearm, if the person, entity, or dealer has the intent to avoid the provisions of

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sections 11-47-35 or 11-47-35.2.

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     (c) Every person violating the provisions of this section shall, upon conviction, be

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punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to

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ten thousand dollars ($10,000), or both. Any person violating the provisions of this section upon a

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second or subsequent conviction shall be punished by imprisonment for not less than two (2)

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years nor more than fifteen (15) years or a fine up to fifteen thousand dollars ($15,000), or both.

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Except for a first conviction under this section, the person shall not be afforded the provisions of

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suspension or deferment of sentence, nor probation.

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     (d) The section shall not apply to the temporary loan of a firearm to a person who may

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lawfully possess a firearm while that person is lawfully hunting or lawfully target shooting within

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this state, or lawfully engaged in any of the activities authorized by section 11-47-9.

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     SECTION 3. This act shall take effect upon passage.

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LC02364

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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 make a number of changes to the statutes relating to the sale and

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possession of weapons and to the penalties for violating the same.

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     This act would take effect upon passage.

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LC02364

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