2019 -- H 5728

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LC001107

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Tanzi, Donovan, Ranglin-Vassell, Ajello, and Cassar

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-30, 11-47-32, 11-47-33, 11-47-34, 11-47-35.2 and 11-47-37

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

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

of firearms to minors and others.

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

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

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

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

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

the minor.

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

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

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

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

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

     11-47-32. Possession of ammunition by minor. Possession of ammunition by minor

and others.

     Except as provided in § 11-47-33, it shall be unlawful within this state for any person

under eighteen (18) twenty-one (21) years of age to possess and use ammunition, including any

priming charge of powder, propelling charge of powder, or any form of missile or projectile to be

ejected from a firearm.

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

others.

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

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

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

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

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

this provision shall not apply to minors persons under twenty-one (21) years of age engaged in

lawful hunting activity under the supervision of a parent or guardian or qualified adult, minors

participating in Reserve Officer Training Corps programs, ceremonial parade activities,

competitive and target shooting, participants in state militia activities and minors participating in

a basic firearms education program; provided, further, that a person under eighteen (18) twenty-

one (21) years of age may carry a firearm, unloaded, in a suitable case to and from his or her

home and the camp or range and from the camp or range to other camp or range when

accompanied by a parent, guardian or supervising adult.

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

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

     11-47-34. Firearms permits to minors. Firearms permits to minors and others.

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

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

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

regular and recognized camp or rifle range, and provided that the any person under eighteen (18)

years of age has the written consent of a parent or guardian. Valid membership cards of junior

gun clubs or of junior divisions of senior gun clubs incorporated in the state of Rhode Island shall

be prima facie evidence of the person under eighteen (18) twenty-one (21) years of age being

engaged in a course of training in the use of firearms at a regular and recognized camp or rifle

range.

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

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

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

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

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

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

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

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

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

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

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

rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

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

Name

Address

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

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Have you ever been convicted of a crime of violence

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

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

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

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Applicant's signature

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

(Reverse side of application form)

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

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

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

sections.

     Signed

     County of

     State of Rhode Island

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

      Notary Public

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11-47-39.

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

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

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

2.

     11-47-37. Sale to minors and others forbidden.

     No person shall sell a pistol or revolver firearm to any person under the age of twenty-

one (21) or to one who he or she has reasonable cause to believe falls under the provisions of §

11-47-5, 11-47-6, 11-47-7, or 11-47-23.

     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following sections:

     11-47-32.1. Persons exempt from § 11-47-30.

     The provisions of § 11-47-30 shall not apply to full-time members of the state police,

full-time members of the state marshal’s office, full-time members of city or town police

departments, or state marshals or correctional officers or persons while serving on active duty as a

member of the United States armed forces or organized reserves or National Guard.

     11-47-32.2. Persons exempt from § 11-47-32.

     The provisions of § 11-47-32 shall not apply to full-time members of the state police,

full-time members of the state marshal’s office, full-time members of city or town police

departments, or state marshals or correctional officers or persons while serving on active duty as a

member of the United States armed forces or organized reserves or National Guard.

     11-47-32.3. Persons exempt from § 11-47-33.

     (a) The provisions of § 11-47-33 shall not apply to full-time members of the state police,

full-time members of the state marshal’s office, full-time members of city or town police

departments, or state marshals or correctional officers or persons while serving on active duty as a

member of the United States armed forces or organized reserves or National Guard.

     (b) The provisions of § 11-47-33 shall not apply to persons eighteen (18) years of age

who are but under twenty-one (21) years of age in lawful possession of a firearm prior to

(effective date of act).

     11-47-32.4. Persons exempt from § 11-47-35.2.

     The provisions of § 11-47-35.2 shall not apply to full-time members of the state police,

full-time members of the state marshal’s office, full-time members of city or town police

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departments, or state marshals or correctional officers or persons while serving on active duty as a

member of the United States armed forces or organized reserves or National Guard.

     11-47-64. Sale of ammunition.

     (a) For the purposes of this section “ammunition” means a loaded cartridge, consisting of

a primed case, propellant or projectile, designed for use in any firearm as defined in § 11-47-2.

     (b) No person, firm or corporation shall sell ammunition to any person unless such person

is twenty-one (21) years of age or older and holds a valid pistol/revolver safety certificate issued

by the department of environmental management.

     (c) The provisions of subsection (b) of this section shall not apply to full-time members

of the state police, full-time members of the state marshal’s office, full-time members of city or

town police departments, or state marshals or correctional officers or persons licensed to carry a

firearm pursuant to § 11-47-11.

     (d) Any person who violates any provision of this section shall be guilty of a felony and

may be punished by up to five (5) years imprisonment and/or a five thousand dollar ($5000) fine.

     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 increase the age from eighteen (18) to twenty-one (21) years for lawful

possession, sale, or transfer of firearms or ammunition. Full-time law enforcement, fire marshals

and member of U.S. military would be exempt from these prohibitions.

     This act would take effect upon passage.

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