2019 -- H 5884

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LC002202

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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 Lima, Solomon, Ucci, Corvese, and Casey

     Date Introduced: March 21, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Preamble: The United States Supreme Court has held that the Second

Amendment of the United States Constitution extends to all instruments that constitute bearable

arms, even those that were not in existence at the time of the founding, and that the Second

Amendment is fully applicable to the States. Further that the Second Amendment protects the

possession of stun guns as a legitimate means of self-defense and that a categorical ban on

possessing or owning such a weapon violates the Second Amendment, and therefore by

application violates Article 1, Section 22 of the Constitution of the State of Rhode Island.

     SECTION 2. Section 11-47-42 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-42. Weapons other than firearms prohibited.

     (a)(1) No person shall carry or possess or attempt to use against another any instrument

or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal

knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.

     (2) No person shall with intent to use unlawfully against another, carry or possess a

crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to

cut and stab another.

     (3) No person shall wear or carry concealed upon his person, any of the above-mentioned

instruments or weapons, or any razor, or knife of any description having a blade of more than

three (3) inches in length measuring from the end of the handle where the blade is attached to the

end of the blade, or other weapon of like kind or description.

     Any person violating the provisions of these subsections shall be punished by a fine of

not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or

both, and the weapon so found shall be confiscated.

     Any person violating the provisions of these subsections while he or she is incarcerated

within the confines of the adult correctional institutions shall be punished by a fine of not less

than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by

imprisonment for not less than one year nor more than five (5) years, or both, and the weapon so

found shall be confiscated.

     (b) No person shall sell to a person under eighteen (18) years of age, without the written

authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill,

sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called

"kung-fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any

description having a blade of more than three inches (3") in length as described in subsection (a)

of this section, or any multi-pronged star with sharpened edges designed to be used as a weapon

and commonly known as a Chinese throwing star, except that an individual who is actually

engaged in the instruction of martial arts and licensed under § 5-43-1 may carry and possess any

multi-pronged star with sharpened edges for the sole purpose of instructional use. Any person

violating the provisions of this subsection shall be punished by a fine of not less than one

thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for

not less than one year nor more than five (5) years, or both, and the weapons so found shall be

confiscated.

     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 make the possession and ownership of stun guns legal.

     This act would take effect upon passage.

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LC002202

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