2021 -- H 5386

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LC001017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     Introduced By: Representatives Knight, Caldwell, Craven, McEntee, Speakman,
Blazejewski, Carson, Amore, Kazarian, and Williams

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-23, 11-47-35 and 11-47-35.2 of the General Laws in Chapter

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

     11-47-23. False information in securing firearm or license. False information in

securing firearm or license - Straw purchases.

     (a) No person shall, in purchasing or otherwise securing delivery of a shotgun, rifle, pistol,

or revolver, or in applying for a license or permit to carry it, give false information or offer false

evidence of his or her identity. Violation of the provisions of this section may be punished by a fine

of not more than five thousand dollars ($5,000), imprisonment for not more than five (5) years, or

both.

     (b) No person shall knowingly purchase or otherwise obtain a shotgun, rifle, pistol, or

revolver on behalf of another person, or transfer a shotgun, rifle, pistol, or revolver to another

person, whom the transferor knows or reasonably should know is prohibited from possessing a

firearm under federal or state law.

     (c) A first violation of the provisions of this section may be punished by a fine of not more

than five thousand dollars ($5,000), imprisonment for not more than five (5) years, or both. A

second or subsequent violation of the provisions of this section may be punished by a fine of not

more than ten thousand dollars ($10,000), imprisonment for not more than ten (10) years, or both.

     11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board

Issuance of permits to certain government officers.

     (a)(1) No person shall deliver a pistol or revolver 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 pistol or revolver shall be unloaded and securely wrapped, with

the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the

United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and

any nonresident member of the armed forces of the United States who is stationed in this state and

who is twenty-one (21) years of age or older, may upon application purchase or acquire a pistol or

revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: (i)

complete and sign in triplicate and deliver to the person selling the pistol or revolver the application

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

revolver; and (ii) shall present to the person selling the pistol or revolver a pistol/revolver safety

certificate issued by the department of environmental management. The certificate shall be retained

in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser

has completed a basic pistol/revolver safety course as shall be administered by the department of

environmental management.

(Face of application form)

Application to Purchase Pistol or Revolver

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)

Number of pistols and/or revolvers to be purchased.........................................................................

Have you ever been convicted of a crime of violence

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(See § 11-47-2)

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 pistol or revolver being purchased

Seller's address

Seller's signature

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

-- 11-47-55, 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. I further

certify that I have completed the required basic pistol/revolver safety course.

     Signed

      (over)

     County of

     State of Rhode Island

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

      Notary Public

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

     (2) The person selling the pistol or revolver shall on the date of application sign and forward

by registered mail, by delivery in person, or by electronic mail if approved by the applicable police

department, the original and duplicate copies of the application to the chief of police in the city or

town in which the purchaser has his or her residence or to the superintendent of the Rhode Island

state police in the instance where the purchaser either resides in the town of Exeter or resides out

of state. The superintendent of the Rhode Island state police or the chief of police in the city or

town in which the purchaser has his or her residence shall mark or stamp the original copy of the

application form with the date and the time of receipt and return it by the most expeditious means

to the person who is selling the pistol or revolver. The triplicate copy duly signed by the person

who is selling the pistol or revolver shall within seven (7) days be sent by him or her by registered

mail, by delivery in person, or by electronic mail to the attorney general. The person who is selling

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the pistol or revolver 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 pistol or revolver, he or she will

deliver the firearm applied for to the purchaser. 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 section or any

unauthorized use of the information contained in the copies by a person or agency shall be

punishable by a fine of not more than one thousand dollars ($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.

     (b)(1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course

shall be available to buyers continually throughout the year at convenient times and places but at

least monthly at locations throughout the state, or more frequently as required. Proficiency in the

use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No

person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter safety

course will be equivalent to the pistol/revolver safety certificate mandated by this section.

     (d) Any person who has reason to believe that he or she does not need the required handgun

safety course may apply by any written means to the department of environmental management to

take an objective test on the subject of matter of the handgun safety course. The test shall be

prepared, as well as an instruction manual upon which the test shall be based, by the department.

The manual shall be made available by any means to the applicant who may, within the time limits

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for application, take the objective test at the department or at any location where the handgun safety

course is being given. Any person receiving a passing grade on the test shall be issued a

pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.]

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of the

United States government authorized by law to carry a concealed firearm and, at the discretion of

the department of environmental management, any person who can satisfactorily establish that he

or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast Guard

on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic

pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode Island

National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under this

section so long as he or she remains in active status.

     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 the

United States and/or lawful resident of this state who is eighteen (18) 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) 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

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      (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)

Number of rifles and/or shotguns to be purchased............................................................................

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

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

LC001017 - Page 6 of 9

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

     (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, or by electronic mail if approved by the

applicable police department, the original and duplicate copies of the application to the chief of

police in the city or town in which the purchaser has his or her residence or to the superintendent

of the Rhode Island state police in the instance where the purchaser either resides in the town of

Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of

police in the city or town in which the purchaser has his or her residence 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, by delivery in person, or by electronic mail, to the

attorney general. The person who is selling the rifle or shotgun 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 purchaser.

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 ($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.

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     SECTION 2. This act shall take effect upon passage.

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LC001017

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

***

     This act would prohibit purchasing, transferring, or obtaining a firearm on behalf of another

person if that person is prohibited from possessing a firearm and increase the penalties for purchase

of firearms by use of false information. The act would also amend applications for the purchase of

pistols, revolvers, shotguns, and rifles to include the total number of pistols, revolvers, shotguns,

and rifles to be purchased by the applicant.

     This act would take effect upon passage.

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LC001017

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