2015 -- H 5119

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LC000097

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     

     Introduced By: Representative Anastasia P.Williams

     Date Introduced: January 15, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-5, 11-47-8, 11-47-9 and 11-47-30 of the General Laws in

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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, or who has been convicted of an offense punishable as a misdemeanor offense

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under § 12-29-2 or who is a fugitive from justice shall purchase, own, carry, transport, or have in

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his or her 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 § 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 § 42-

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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) nor more than ten (10) years; and for

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penalties provided in this section he or she shall not be afforded the benefit of suspension or

 

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deferment of sentence nor of probation.

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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 §§ 11-47-11, 11-47-12

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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 §§ 11-47-9 and 11-47-10. The provisions of

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

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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 § 11-47-2. Any person convicted of violating this

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

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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. Every person violating the provisions of this

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subsection, shall, upon conviction, be punished by imprisonment for not less than one nor more

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than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, except for a first

 

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conviction under this section, the person shall not be afforded the provisions of suspension or

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deferment of sentence, nor probation. This subsection shall not apply to those persons engaged in

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lawful hunting activity as provided in chapter 13 of title 20, lawful target shooting within this

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

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     11-47-9. Persons exempt from restrictions. -- (a) The provisions of § 11-47-8 shall not

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apply to sheriffs; deputy sheriffs; the superintendent and members of the state police; members of

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the Rhode Island airport police department; members of the Rhode Island state marshals; Rhode

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Island state fire marshal; chief deputy state fire marshals; deputy state fire marshals assigned to

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the bomb squad, and those assigned to the investigation unit; Providence fire department arson

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investigators, provided that the investigator receiving the permit is a graduate of a police-training

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academy; correctional officers, within the department of corrections; members of the city or town

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police force; capitol police investigators of the department of attorney general appointed pursuant

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to § 42-9-8.1; the witness protection coordinator for the witness protection review board as set

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forth in chapter 30 of title 12 and subject to the minimum qualifications of § 42-9-8.1; automobile

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theft investigators of the Rhode Island state police pursuant to § 31-50-1; railroad police while

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traveling to and from official assignments or while on assignments; conservation officers; or

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other duly appointed law enforcement officers; nor to members of the Army, Navy, Air Force,

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and Marine Corps of the United States, the National Guard, or organized reserves, when on duty;

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nor to members of organizations by law authorized to purchase or receive firearms from the

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United States or this state, provided these members are at, or going to or from, their places of

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assembly or target practice; nor to officers or employees of the United States authorized by law to

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

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

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

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employed by the United States; nor to any civilian guard carrying sidearms or a concealed firearm

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

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

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

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names 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,

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their 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 a pistol, or

 

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revolvers revolver, rifle, or a shotgun as merchandise; nor to any person while transporting a

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pistol, or revolvers, unloaded from the place of purchase to their residence; or place of business,

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

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to a 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 is unloaded and any ammunition for said pistol

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or revolver is not readily or directly accessible from the passenger compartment of such vehicle

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while transporting same and further provided, that in the case of a vehicle without a compartment

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separate from the passenger compartment, the firearm or the ammunition shall be stored in a

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locked container.

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      (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

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shall have the right to carry concealed firearms everywhere within this state; provided, that this

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shall not be construed as giving the right to carry concealed firearms to a person transporting

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firearms as merchandise or as household or business 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 §§ 11-47-33 and 11-47-34 and with the prior approval or consent of

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the parent or legal guardian of the minor.

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      (b) Every person violating this section subsection (a) of this section shall be punished,

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upon conviction, by imprisonment for not less than ten (10) years and not more than twenty (20)

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years. The prohibitions of this section shall not apply to any federally and state licensed retail

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dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of

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

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     (c) If the firearm unlawfully sold, transferred, given, conveyed, or caused to be sold,

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

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of violence, the person found in violation of subsection (a) of this section, upon conviction, shall

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be punished by imprisonment of not less than fifteen (15) years. The sentence shall be

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consecutive to any sentence the person may receive for the underlying offense in subsection (a) of

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this section.

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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 prohibit persons convicted of certain misdemeanor domestic offenses

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from purchasing, owning, carrying, transporting, or having in his or her possession any firearm,

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and would prohibit persons from carrying a rifle or shotgun in any vehicle or conveyance, except

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upon his or her own property. This act would also provide additional penalties for transferring a

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firearm to a minor, if that firearm is used in a crime of violence.

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     This act would take effect upon passage.

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