2018 -- H 7714

========

LC003239

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives Marshall, Shekarchi, Diaz, McLaughlin, and Ruggiero

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 11-47-30, 11-47-33, 11-47-34 and 11-47-35.2 of the General Laws

2

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

3

     11-47-30. Sale, transfer or delivery of firearms to minors.

4

     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

5

cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18)

6

twenty-one (21) years of age, when the person knows or has reason to know that the recipient is

7

under eighteen (18) twenty-one (21) years of age, except for the limited purposes set forth in §§

8

11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of

9

the minor.

10

     (b) Every person violating this section shall be punished, upon conviction, by

11

imprisonment for not less than ten (10) years and not more than twenty (20) years. The

12

prohibitions of this section shall not apply to any federally and state licensed retail dealer who

13

makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle,

14

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

15

     11-47-33. Possession of firearms by minors.

16

     (a) It shall be unlawful within this state for any person under eighteen (18) twenty-one

17

(21) years of age to possess and use any firearm unless he or she shall hold a permit as provided

18

in § 11-47-34, and unless the person is in the presence of a parent or guardian or supervising adult

19

at any regular and recognized camp or rifle range approved by the Rhode Island state police or by

 

1

the chief of police of the city or town in which the camp or rifle range is located; provided, that

2

this provision shall not apply to minors engaged in lawful hunting activity under the supervision

3

of a parent or guardian or qualified adult, minors participating in Reserve Officer Training Corps

4

programs, ceremonial parade activities, competitive and target shooting, participants in state

5

militia activities and minors participating in a basic firearms education program; provided,

6

further, that a person under eighteen (18) twenty-one (21) years of age may carry a firearm,

7

unloaded, in a suitable case to and from his or her home and the camp or range and from the

8

camp or range to other camp or range when accompanied by a parent, guardian or supervising

9

adult.

10

     (b) For purposes of this section only, "qualified adult" means any person twenty-one (21)

11

years of age or older and permitted by law to possess and use the firearm.

12

     11-47-34. Firearms permits to minors.

13

     The Rhode Island state police or the chief of police of the city or town in which the

14

person resides shall issue permits to any person under eighteen (18) twenty-one (21) years of age

15

only upon satisfactory proof of being engaged in a course of training in the use of firearms at a

16

regular and recognized camp or rifle range, and provided that the person has the written consent

17

of a parent or guardian. Valid membership cards of junior gun clubs or of junior divisions of

18

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

19

person under eighteen (18) twenty-one (21) years of age being engaged in a course of training in

20

the use of firearms at a regular and recognized camp or rifle range.

21

     11-47-35.2. Sale of rifles/shotguns.

22

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall

23

have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

24

purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

25

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of

26

the United States and/or lawful resident of this state who is eighteen (18) twenty-one (21) years of

27

age or older, and any non-resident member of the armed forces of the United States who is

28

stationed in this state and who is eighteen (18) twenty-one (21) years of age or older, may, upon

29

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

30

shotgun or rifle the purchaser shall complete and sign in triplicate and deliver to the seller the

31

application form described in this section, and in no case shall it contain the serial number of the

32

rifle or shotgun.

33

(Face of application form)

34

Application to Purchase Shotgun or Rifle

 

LC003239 - Page 2 of 6

1

Date ………………………………………… Hour ………………………………… A.M. P.M.

2

Name

3

Address

4

      (Street and number) (City or town) (State)

5

Date of Birth Place of Birth

6

Height Weight Color hair

7

Color eyes

8

Scars

9

Tattoos

10

Other identifying marks

11

Are you a citizen of the United States

12

Are you a citizen of Rhode Island

13

How long

14

Where stationed

15

(Armed Forces only)

16

Have you ever been convicted of a crime of violence

17

(See § 11-47-2 General Laws of Rhode Island)

18

Have you ever been adjudicated or under confinement as addicted to a controlled substance

19

20

Have you ever been adjudicated or under confinement for alcoholism

21

22

Have you ever been confined or treated for mental illness

23

From whom is shotgun or rifle being purchased

24

Seller's address

25

Seller's signature

26

Applicant's signature

27

(See § 11-47-23 for penalty for false information on this application)

28

(Reverse side of application form)

29

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

30

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

31

Plantations, and that I am aware of the penalties for violation of the provisions of the cited

32

sections.

33

     Signed

34

      (over)

 

LC003239 - Page 3 of 6

1

     County of

2

     State of Rhode Island

3

     Subscribed and sworn before me this ……… day of………. A.D. 20..

4

      Notary Public

5

      ......................................

6

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign

7

and forward by registered mail or by delivery in person, the original and duplicate copies of the

8

application to the superintendent of the Rhode Island state police or the chief of police in the city

9

or town in which the seller has his or her residence or place of business. The superintendent of the

10

Rhode Island state police or the chief of police in the city or town in which the person has his or

11

her residence or place of business shall mark or stamp the original copy of the application form

12

with the date and time of receipt and return it by the most expeditious means to the seller. The

13

triplicate copy duly signed by the seller shall within seven (7) days be sent by him or her by

14

registered mail to the attorney general. The person shall retain the original copy duly receipted by

15

the police authority to whom sent or delivered for a period of six (6) years with other records of

16

the sale. It shall be the duty of the police authority to whom the duplicate copy of the application

17

form is sent or delivered to make a background check of the applicant to ascertain whether he or

18

she falls under the provisions of § 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If, after the lapse of

19

seven (7) days from twelve o'clock (12:00) noon of the day following application, no

20

disqualifying information has been received from the investigating police authority by the person

21

who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the applicant.

22

Upon the finding of no disqualifying information under the provisions of the above cited sections

23

of this chapter, and in no case later than thirty (30) days after the date of application, the duplicate

24

and triplicate copies of the application will be destroyed. Retention of the duplicate and triplicate

25

copies in violation of this chapter or any unauthorized use of the information contained in them

26

by a person or agency shall be punishable by a fine of not more than one thousand dollars

27

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

28

licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of §

29

11-47-39.

30

     (c) The provisions of this section shall not apply to full-time members of the state police,

31

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

32

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

33

2.

 

LC003239 - Page 4 of 6

1

     SECTION 2. This act shall take effect upon passage.

========

LC003239

========

 

LC003239 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

1

     This act would raise the legal age to purchase a rifle or shotgun from eighteen (18) years

2

of age to twenty-one (21) years of age, prohibit the sale of firearms to anyone under the age of

3

twenty-one (21) and raise the age for minors with permits for sporting purposes and training to

4

the age of twenty-one (21).

5

     This act would take effect upon passage.

========

LC003239

========

 

LC003239 - Page 6 of 6