2013 -- S 0865

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LC02365

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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 Goldin, Conley, and Nesselbush

     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 11-47-11 and 11-47-34 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby repealed.

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     11-47-11. License or permit to carry concealed pistol or revolver. -- (a) The licensing

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authorities of any city or town shall, upon application of any person twenty-one (21) years of age

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or over having a bona fide residence or place of business within the city or town, or of any person

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twenty-one (21) years of age or over having a bona fide residence within the United States and a

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license or permit to carry a pistol or revolver concealed upon his or her person issued by the

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authorities of any other state or subdivision of the United States, issue a license or permit to the

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person to carry concealed upon his or her person a pistol or revolver everywhere within this state

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for four (4) years from date of issue, if it appears that the applicant has good reason to fear an

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injury to his or her person or property or has any other proper reason for carrying a pistol or

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revolver, and that he or she is a suitable person to be so licensed. The license or permit shall be in

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triplicate in form to be prescribed by the attorney general and shall bear the fingerprint,

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photograph, name, address, description, and signature of the licensee and the reason given for

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desiring a license or permit and in no case shall it contain the serial number of any firearm. The

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original shall be delivered to the licensee. Any member of the licensing authority, its agents,

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servants, and employees shall be immune from suit in any action, civil or criminal, based upon

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any official act or decision, performed or made in good faith in issuing a license or permit under

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this chapter.

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      (b) Notwithstanding any other chapter or section of the general laws of the state of

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Rhode Island, the licensing authority of any city or town shall not provide or release to any

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individual, firm, association or corporation the name, address, or date of birth of any person who

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has held or currently holds a license or permit to carry a concealed pistol or revolver. This section

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shall not be construed to prohibit the release of any statistical data of a general nature relative to

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age, gender and racial or ethnic background nor shall it be construed to prevent the release of

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information to parties involved in any prosecution of section 11-47-8 or in response to a lawful

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subpoena in any criminal or civil action which the person is a party to that action.

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     11-47-34. Firearms permits to minors. -- The Rhode Island state police or the chief of

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police of the city or town in which the person resides shall issue permits to any person under

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eighteen (18) years of age only upon satisfactory proof of 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, and provided that the person

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has the written consent of a parent or guardian. Valid membership cards of junior gun clubs or of

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

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evidence of the person under eighteen (18) 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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     SECTION 2. Sections 11-47-8, 11-47-9.1, 11-47-12, 11-47-13, 11-47-18, 11-47-35.1, 11-

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47-35.2 and 11-47-60 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby

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amended to read as follows:

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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, and except for a first conviction under this

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section shall not be afforded the provisions of suspension or deferment of sentence, nor a

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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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     11-47-9.1. Additional exemptions. -- The provisions of sections 11-47-8 and 11-47-11

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11-47-18 shall not apply to members of the state police, members of city or town police forces,

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and members of the Rhode Island airport police department. Persons exempted by the provisions

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

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

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

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business goods.

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     11-47-12. License or permit fee. -- A fee of forty dollars ($40.00) one hundred forty

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dollars ($140) shall be charged and shall be paid for each license or permit to the licensing

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authority issuing it. Every license or permit shall be valid for four (4) years from the date when

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issued unless sooner revoked. The fee charged for issuing of the license or permit shall be applied

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for the use and benefit of the city, town, or state of Rhode Island.

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     11-47-13. Revocation of license or permit. -- Any license or permit may be revoked for

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just cause at any time by the authority granting it, and, upon revocation, the authority shall give

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immediate notice to the attorney general, who shall immediately note the revocation, with the

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date of revocation, upon the copy of the license or permit on file in his or her office.

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     11-47-18. License or permit issued by attorney general on showing of need --

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Issuance to retired police officers. -- (a) The attorney general may issue a license or permit to

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any person twenty-one (21) years of age or over to carry a pistol or revolver, whether concealed

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or not, upon his or her person upon a proper showing of need, subject to the provisions of sections

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11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of

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section 11-47-7. Such person must undergo a national criminal records check, which shall include

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fingerprints submitted to the federal bureau of investigation (FBI) by the bureau of criminal

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identification (BCI) of the department of the attorney general. The applicant shall be responsible

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for the cost of conducting the national criminal records check.

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      (b) All state police officers and permanent members of city and town police forces of

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this state who have retired in good standing after at least twenty (20) years of service, or retired in

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good standing due to a physical disability other than a psychological impairment, may be issued a

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license or permit by the attorney general subject to the provisions of sections 11-47-12 and 11-47-

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15. The term "in good standing" means that at the time of retirement, the police officer was not

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facing disciplinary action that could have resulted in his or her termination for misconduct or

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unfitness for office. Any member of the licensing authority, and its agents, servants, and

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employees shall be immune from suit in any action, civil or criminal, based upon any official act

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or decision, performed or made in good faith in issuing a license or permit under this chapter.

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      (c) Notwithstanding any other chapter or section of the general laws of the state of

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Rhode Island, the attorney general shall not provide or release to any individual, firm, association

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or corporation the name, address, or date of birth of any person who has held or currently holds a

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license or permit to carry a concealed pistol or revolver. This section shall not be construed to

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prohibit the release of any statistical data of a general nature relative to age, gender and racial or

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ethnic background nor shall it be construed to prevent the release of information to parties

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involved in any prosecution of section 11-47-8 or in response to a lawful subpoena in any

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criminal or civil action which said person is a party to such action.

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     (d) Local law enforcement agencies shall cooperate with the attorney general throughout

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the permitting process.

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     11-47-35.1. Persons exempt from section 11-47-35. -- The provisions of section 11-47-

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35 shall not apply to full-time members of the state police, full-time members of the state

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marshal's office, full-time members of city or town police departments, or state marshals or

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correctional officers or persons licensed under section 11-47-11 11-47-18.

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     11-47-35.2. Sale of rifles/shotguns. -- (a) No person shall deliver a rifle or shotgun to a

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purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00) noon of the day

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following the day of application for the purchase, and when delivered, the rifle or shotgun shall

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be unloaded and securely wrapped, with the bill of sale for it to be enclosed within the wrapper

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with the rifle or shotgun. Any citizen of the United States and/or lawful resident of this state who

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is eighteen (18) years of age or older, and any non-resident member of the armed forces of the

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United States who is stationed in this state and who is eighteen (18) years of age or older, may,

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

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of a 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 section 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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............

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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 section 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 sections 11-47-1 -

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

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and that I am aware of the penalties for violation of the provisions of the cited 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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      (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 section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse

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of 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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section 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 sections 11-47-9

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

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section 11-47-2.

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     11-47-60. Possession of firearms on school grounds. -- (a) (1) No person shall have in

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his or her possession any firearm or other weapons on school grounds.

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      (2) For the purposes of this section, "school grounds" means the property of a public or

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private elementary or secondary school or in those portions of any building, stadium, or other

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structure on school grounds which were, at the time of the violation, being used for an activity

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sponsored by or through a school in this state or while riding school provided transportation.

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

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sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be

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fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

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      (4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to

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whatever other penalties are imposed by the family court, lose his or her license to operate a

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motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to

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obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain

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the license when eligible to do so, for a period of up to six (6) months.

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      (b) The provisions of this section shall not apply to any person who shall be exempt

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pursuant to the provisions of sections 11-47-9, 11-47-11, and 11-47-18 or to the following

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activities when the activities are officially recognized and sanctioned by the educational

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institution:

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      (1) Firearm instruction and/or safety courses;

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      (2) Government-sponsored military-related programs such as ROTC;

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      (3) Interscholastic shooting and/or marksmanship events;

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      (4) Military history and firearms collection courses and/or programs; and

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      (5) The use of blank guns in theatrical and/or athletic events.

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      (c) The provisions of this section shall not apply to colleges, universities, or junior

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colleges.

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     SECTION 3. This act shall take effect upon passage.

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LC02365

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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 require any person requesting a license or permit to carry a pistol or

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revolver upon his or her person to undergo a national criminal records check and would limit

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those authorized to issue said license or permit to the office of attorney general.

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     This act would take effect upon passage.

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LC02365

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