2015 -- H 5368

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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: Representatives Casey, Chippendale, Carnevale, O'Brien, and Newberry

     Date Introduced: February 11, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-35.2 of the General Laws in Chapter 11-47 entitled

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"Weapons" is hereby amended to read as follows:

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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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      (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 § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

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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 records of the application will be destroyed. Retention of the duplicate and

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triplicate copies records in violation of this chapter or any unauthorized use of the information

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contained in them by a person or agency shall be punishable by a fine of not more than one

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thousand dollars ($1,000). The provisions of this section shall not apply to bona fide sales at

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wholesale to duly licensed retail dealers, nor to purchases by retail dealers duly licensed under the

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provisions of § 11-47-39. (c) The provisions of this section shall not apply to full-time members

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of the state police, full-time members of city or town police departments, persons licensed under

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§§ 11-47-9 and 11-47-11, or to sales of air rifles or " BB guns" or to sales of antique firearms as

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defined in § 11-47-2.

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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 delete unnecessary language with regard to the destruction of application

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records for the purchase of a rifle or shotgun, if an applicant is not otherwise disqualified under

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any other applicable provision of the general laws.

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     This act would take effect upon passage.

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