2018 -- H 7766

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LC004984

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives Knight, Ajello, Tanzi, Blazejewski, and Diaz

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 47.1

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RHODE ISLAND ASSAULT WEAPONS BAN ACT OF 2018

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     11-47.1-1. Short title.

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     This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban

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Act of 2018".

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     11-47.1-2. Definitions.

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     When used in this chapter, the following words and phrases are construed as follows:

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     (1) "Assault weapon" means any semiautomatic assault rifle, semiautomatic assault pistol

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and/or semiautomatic assault shotgun.

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     (2) "Barrel shroud" means:

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     (i) A shroud that is attached to, or partially or completely encircles, the barrel of a firearm

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so that the shroud protects the user of the firearm from heat generated by the barrel; and

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     (ii) Does not include:

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     (A) A slide that partially or completely encloses the barrel; or

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     (B) An extension of the stock along the bottom of the barrel which does not encircle or

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substantially encircle the barrel.

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     (3) "Belt-fed semiautomatic firearm" means any repeating firearm that:

 

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     (i) Utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case

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and chamber the next round;

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     (ii) Requires a separate pull of the trigger to fire each cartridge; and

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     (iii) Has the capacity to accept a belt ammunition feeding device.

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     (4) "Detachable magazine" means a device that attaches to a firearm and acts as an

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ammunition feeding device and which can be removed from a firearm without disassembly of the

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firearms action.

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     (5) "Firearm" means any pistol, rifle, revolver, shotgun or other instrument from which

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steel or metal projectiles are propelled, or which may readily be converted to expel a projectile,

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except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles

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which are designed or normally used for a primary purpose other than as a weapon. The frame or

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receiver of the weapon shall be construed as a firearm under the provisions of this section.

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     (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to

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the firearm is such a manner that it cannot be removed without disassembly of the firearm.

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     (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes,

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detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise

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enhances the concealability, of a firearm.

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     (8) "Forward grip" means a grip or handle located forward of the trigger.

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     (9) "Grandfathered assault weapon" means any semiautomatic firearm the possession,

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sale, transfer or importation of which would be unlawful except for the provisions of § 11-47.1-5,

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and which was lawfully owned and possessed by a Rhode Island resident on the effective date of

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this chapter.

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     (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade.

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     (11) "Large capacity feeding device" means any magazine, belt, drum, or device with a

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capacity to accept more than ten (10) rounds of ammunition, however shall not include a tubular

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device designed to accept, and capable of operating only with .22 caliber rimfire ammunition.

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     (12) "Magazine" means a device that attaches to a firearm and acts as an ammunition

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feeding device.

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     (13) "Person" includes an individual, partnership, firm, association, or corporation.

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     (14) "Pistol grip" means a grip or handle located behind or to the rear of the trigger on a

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semiautomatic firearm and shall include, but not be limited to, a thumbhole stock.

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     (15) "Secure storage" means storage in a locked safe or container that meets or exceeds

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the following criteria:

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     (i) Shall be able to fully contain firearms and provide for their secure storage;

 

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     (ii) Shall have a locking system consisting of at minimum a mechanical or electronic

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combination lock.

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     (16) "Semiautomatic assault pistol" means any semiautomatic pistol with the capacity to

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accept a detachable magazine and which possesses: a barrel shroud; or a forward grip; or a

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threaded barrel; or has the capacity to accept a detachable magazine at some location outside the

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pistol grip; or is a semiautomatic version of a machine gun.

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     (17) "Semiautomatic assault rifle" means any belt-fed semiautomatic rifle or any

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semiautomatic rifle that has the capacity to accept a detachable magazine and which possesses: a

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pistol grip; or a forward grip; or a folding, telescoping or detachable stock; or a grenade launcher;

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or a barrel shroud; or a threaded barrel.

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     (18) "Semiautomatic assault shotgun" means any semiautomatic shotgun which

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possesses: a folding, telescoping or detachable stock; or a pistol grip; or capacity to accept a

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detachable magazine; a fixed magazine with a capacity to accept more than five (5) rounds of

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ammunition; a forward grip; a grenade launcher; or a revolving cylinder for ammunition.

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      (19) "Semiautomatic firearm" means a repeating firearm that utilizes energy from firing

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ammunition to extract the fired cartridge case or hull and chamber the next round of ammunition,

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and requires a separate pull of the trigger to fire each round of ammunition.

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     (20) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but

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not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been

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attached.

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     11-47.1-3. Restrictions on manufacture, sale, purchase, and possession of certain

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assault weapons.

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     (a) It shall be unlawful for any person to manufacture, sell, purchase or possess an assault

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weapon, except as otherwise provided in this chapter. Every person violating the provision of this

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

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ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both.

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     (b) Firearms subject to the assault weapon restrictions of this section shall include, but

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not be limited to, the following:

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     (1) AK-47;

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     (2) AK-74;

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     (3) AKM;

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     (4) AKS-74U;

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     (5) ARM;

 

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     (6) MAADI AK47;

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     (7) MAK90;

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     (8) MISR;

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     (9) NHM90 and NHM9I;

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     (10) Norinco 56, 56S, 84S and 86S;

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     (11) Poly Technologies AKS and AK47;

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     (12) SA 85;

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     (13) SA 93;

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     (14) VEPR;

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     (15) WASR-10;

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     (16) WUM;

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     (17) Rock River Arms LAR-47;

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     (18) Vector Arms AK-47;

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     (19) AR-10;

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     (20) AR-15;

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     (21) Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster

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MOE Rifles;

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     (22) Colt Match Target Rifles;

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     (23) Armalite M15;

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     (24) Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles;

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     (25) DPMS Tactical Rifles;

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     (26) Smith and Wesson M&P15 Rifles;

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     (27) Rock River Arms LAR-15;

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     (28) Doublestar AR Rifles;

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     (29) Barrett REC7;

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     (30) Beretta Storm;

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     (31) Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical

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Rifles;

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     (32) Hi-Point Carbine Rifles;

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     (33) HK-PSG- 1;

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     (34) Kel-Tec Sub-2000, SU Rifles, and RFB;

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     (35) Remington Tactical Rifle Model 7615;

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     (36) SAR-8, SAR-4800 and SR9;

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     (37) SLG 95;

 

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     (38) SLR 95 or 96;

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     (39) TNW M230 and M2HB;

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     (40) Vector Arms UZI;

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     (41) Galil and Galil Sporter;

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     (42) Daewoo AR 100 and AR 110C;

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     (43) FabriqueNationale/FN 308 Match and L1A1 Sporter;

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     (44) HK USC;

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     (45) IZHMASH Saiga AK;

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     (46) SIG Sauer 55 1-A1, 556, 516, 716 and M400 Rifles;

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     (47) Valmet M62S, M71S and M78S;

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     (48) Wilkinson Arms Linda Carbine;

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     (49) Barrett M107A1;

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     (50) Centurion 39 AK;

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     (51) Draco AK-47;

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     (52) HCR AK-47;

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     (53) IO Inc. Hellpup AK-47;

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     (54) Mini-Draco AK-47;

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     (55) Yugo Krebs Krink;

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     (56) American Spirit AR-15;

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     (57) Bushmaster Carbon 15;

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     (58) Doublestar Corporation AR;

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     (59) DPMS AR-15;

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     (60) Olympic Arms AR-15;

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     (61) Rock River Arms LAR 15;

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     (62) Calico Liberty III and III Tactical Pistols;

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     (63) Masterpiece Arms MPA Pistols and Velocity Arms VMA Pistols;

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     (64) Intratec TEC-DC9 and AB-10;

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     (65) Colefire Magnum;

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     (66) German Sport 522 PK and Chiappa Firearms Mfour-22;

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     (67) DSA SA58 PKP FAL;

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     (68) I.O. Inc. PPS-43C;

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     (69) Kel-Tec PLR-16 Pistol;

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     (70) Sig Sauer P516 and P556 Pistols;

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     (71) Thompson TAS Pistols;

 

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     (72) AlgimecAgmi; Armalite AR-180;

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     (73) Australian Automatic Arms SAP Pistol;

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     (74) Auto-Ordnance Thompson type;

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     (75) Avtomat Kalashnikov AK-47 type;

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     (76) Barrett Light-Fifty model 82A1;

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     (77) Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol;

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     (78) Calico models M-900, M-950 and 100-P;

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     (79) Chartered Industries of Singapore SR-88;

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     (80) Colt AR-15 and Sporter;

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     (81) Daewoo K-1, K-2, Max-1 and Max-2;

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     (82) Encom MK-IV, MP-9 and MP-45; FabriqueNationale FN/FAL, FN/LAR, or

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FN/FNC; FAMAS MAS 223;

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     (83) Feather AT-9 and Mini-AT; Federal XC-900 and XC-450;

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     (84) Franchi SPAS-12 and LAW-12;

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     (85) Galil AR and ARM;

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     (86) Goncz High-Tech Carbine and High-Tech Long Pistol;

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     (87) Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83;

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     (88) MAC-10, MAC-11 and MAC-11 Carbine type;

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     (89) lntratec TEC-9 and Scorpion;

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     (90) lver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only;

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     (91) Scarab Skorpion;

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     (92) SIG 57 AMT and 500 series;

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     (93) Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3;

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     (94) Sterling MK-6 and MK-7;

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     (95) Steyr AUG;

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     (96) Street Sweeper and Striker 12 revolving cylinder shotguns;

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     (97) USAS-12; UZI Carbine, Mini-Carbine and Pistol;

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     (98) Weaver Arms Nighthawk; and

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     (99) Wilkinson "Linda" Pistol.

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     11-47.1-4. Certificate of possession.

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     (a) The attorney general shall adopt regulations to establish procedures with respect to the

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application for and issuance of certificates of possession for grandfathered assault weapons

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lawfully owned and possessed by a state resident on the effective date of this act; provided:

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     (1) The certificate of possession shall contain a description of the firearm that identifies it

 

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uniquely, including all identification marks, the full name, address, date of birth and thumbprint

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of the owner, and any other information as the attorney general may deem appropriate;

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     (2) The name and address of a person issued a certificate of possession shall be

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confidential and shall not be disclosed, except such records may be disclosed to:

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     (i) Law enforcement agencies and employees of the United States Probation Office acting

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in the performance of their duties; and

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     (ii) The director of the department of behavioral healthcare, developmental disabilities

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and hospitals (BHDDH).

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     (b) Any person who obtains title to an assault weapon for which a certificate of

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possession has been issued under this section by bequest or intestate succession shall, within

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ninety (90) days of obtaining title, apply to the attorney general for a certificate of possession as

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provided for in subsection (a) of this section, or render the assault weapon permanently

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inoperable, or sell the assault weapon to a licensed gun dealer or remove the assault weapon from

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the state.

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     (c) Any person who moves into the state in lawful possession of an assault weapon, shall,

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within ninety (90) days, either render the assault weapon permanently inoperable, or sell the

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assault weapon to a licensed gun dealer or remove the assault weapon from this state, except that

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any person who is a member of the military or naval forces of this state or of the United States, is

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in lawful possession of an assault weapon and has been transferred into the state, may, within

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ninety (90) days of arriving in the state, apply to the attorney general for a certificate of

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possession with respect to such assault weapon.

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     (d) The owner of multiple assault weapons shall be issued a separate certificate of

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possession for each weapon. A fee of twenty-five dollars ($25.00) shall be charged and shall be

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paid for the issuance of each certificate of possession.

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     11-47.1-5. Use and possession with certificate.

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     (a) Any person who has been issued a certificate of possession for a grandfathered assault

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weapon as provided for in this chapter, may possess the grandfathered assault weapon only under

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the following conditions:

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     (1) At that person's residence, place of business or other property owned by that person,

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or on property owned by another person with the property owner's express permission, except the

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grandfathered assault weapon shall be kept in secure storage when not in the immediate

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possession and control of the grandfathered assault weapon owner;

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     (2) While on the premises of a target range of a public or private club or organization

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organized for the purpose of practicing shooting at targets;

 

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     (3) While on a target range which holds a regulatory or business license for the purpose

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of practicing shooting at that target range;

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     (4) While on the premises of a licensed shooting club;

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     (5) While attending any exhibition, display or educational project which is about firearms

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and which is sponsored by, conducted under the auspices of, or approved by a law enforcement

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agency or a nationally or state recognized entity that fosters proficiency in, or promotes education

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about, firearms; or

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     (6) While transporting the grandfathered assault weapon between any of the places set

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forth in this subsection, or to any licensed gun dealer for servicing or repair.

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     (b) While transporting a grandfathered assault weapon between any of the places set forth

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in subsections (a)(1) through (a)(6) of this section, no person shall carry a loaded assault weapon

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concealed from public view or knowingly have, in any motor vehicle owned, operated or

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occupied by such person:

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     (1) A loaded assault weapon; or

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     (2) An unloaded assault weapon unless such weapon is kept in the trunk of such vehicle

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or in a locked case.

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     (c) Any person who violates the provisions of subsection (b) of this section, shall be fined

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not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3)

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years, or both, and shall be subject to forfeiture of the weapon pursuant to § 11-47-22.

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     11-47.1-6. Licensed gun dealers – Certificate of transfer.

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     (a) If an owner of an grandfathered assault weapon sells or transfers the assault weapon

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to a licensed gun dealer, such dealer shall, at the time of delivery of the grandfathered assault

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weapon, execute a certificate of transfer and cause the certificate of transfer to be mailed or

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delivered to the attorney general.

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     (b) The certificate of transfer shall contain:

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     (1) The date of sale or transfer;

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     (2) The name and address of the seller or transferor and the licensed gun dealer, their

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Social Security numbers or motor vehicle operator license numbers, if applicable;

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     (3) The licensed gun dealer's federal firearms license number and seller's certificate of

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possession number;

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     (4) A description of the grandfathered assault weapon, including the caliber of the assault

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weapon and its make, model and serial number; and

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     (5) Any other information the attorney general prescribes. The licensed gun dealer shall

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present such dealer's motor vehicle operator's license or Social Security card, federal firearms

 

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license and business license to the weapon seller or transferor for inspection at the time of

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transfer. The department of public safety shall maintain a file of all certificate of transfers at the

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commissioner's central office.

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     (c) Any licensed gun dealer may lawfully transport the grandfathered assault weapon

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between dealers or out of the state, display the assault weapon at any gun show licensed by a state

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or local governmental entity or lawfully sell the assault weapon outside the state.

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     (d) Any licensed gun dealer may take possession of any grandfathered assault weapon

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for the purposes of servicing or repair from any person to whom has been issued a certificate of

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possession for such weapon pursuant this chapter.

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     (e) Any licensed gun dealer may transfer possession of any grandfathered assault weapon

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received pursuant to subsection (a) of this section to a gunsmith for purposes of accomplishing

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service or repair of the same. Such transfers are permissible only to the following persons:

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     (1) A gunsmith who is in the licensed gun dealer's employ; or

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     (2) A gunsmith with whom the dealer has contracted for gunsmithing services; provided

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the gunsmith receiving the grandfathered assault weapon holds a dealer's license as defined in 18

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U.S.C. § 921 and the regulations issued pursuant thereto.

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     11-47.1-7. Restriction on large capacity feeding devices.

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     It shall be unlawful for any person to manufacture, sell, purchase or possess any large

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capacity feeding devices, except the restriction of this section shall not apply to the possession of

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a large capacity feeding device otherwise lawfully possessed in the state by the owner, on the date

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of enactment of this act.

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     11-47.1-8. Exceptions.

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     The provisions of this chapter shall not apply to sheriffs; deputy sheriffs; the

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superintendent and members of the state police; members of the Rhode Island airport police

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department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

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deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

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assigned to the investigation unit; Providence fire department arson investigators, provided that

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the investigator is a graduate of a police-training academy; correctional officers, within the

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department of corrections; any members of the city or town police force; capitol police

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investigators of the department of attorney general appointed pursuant to § 42-9-8.1; the witness

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protection coordinator for the witness protection review board as set forth in chapter 30 of title 12

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and subject to the minimum qualifications of § 42-9-8.1; automobile theft investigators of the

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Rhode Island state police pursuant to § 31-50-1; railroad police while traveling to and from

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official assignments or while on assignments; conservation officers; other duly appointed law

 

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enforcement officers; members of the Army, Navy, Air Force, and Marine Corps of the United

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States, the National Guard, or organized reserves, when on duty; officers or employees of the

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United States authorized by law to carry a firearm; any civilian guard or criminal investigator

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carrying a firearm in the performance of their official duties under the authority of the

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commanding officer of the military establishment in the state of Rhode Island where they are

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employed by the United States; any civilian guard carrying a firearm in the performance of their

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official duties under the authority of the adjutant general where they are employed guarding a

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national guard facility; provided, that the commanding officer of the military establishment shall

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have on file with the attorney general of this state a list of the names and addresses of all civilian

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guards and criminal investigators so authorized; duly authorized military organizations when on

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duty; members when at, or going to or from, their customary places of assembly; or any

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individual employed in the capacity of warden, associate warden, major, captain, lieutenant,

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sergeant, correctional officer or investigator at any project owned or operated by a municipal

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detention facility corporation, including the Donald W. Wyatt Detention Facility.

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     SECTION 3. 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 create the "Rhode Island Assault Weapons Ban Act of 2018" which would

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restrict the possession and sale of semiautomatic assault weapons, limit ammunition magazines to

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ten (10) or less rounds, and would make provisions for "grandfathered" ownership of

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semiautomatic assault weapons. The act would also "grandfather" current ownership of

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magazines, and would make exceptions for law enforcement.

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     This act would take effect upon passage.

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