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:

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

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

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

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securing firearm or license - Straw purchases.

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

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

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

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

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both.

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

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

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

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firearm under federal or state law.

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

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

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

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

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

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Issuance of permits to certain government officers.

 

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     (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall

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

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purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with

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

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

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

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

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

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

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

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

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

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

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

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environmental management.

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(Face of application form)

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Application to Purchase Pistol or Revolver

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

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Name

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Address

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

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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

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Have you ever been convicted of a crime of violence

 

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(See § 11-47-2)

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

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is pistol or revolver being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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

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(Reverse side of application form)

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

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-- 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence Plantations,

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and that I am aware of the penalties for violation of the provisions of the cited sections. I further

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

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     Signed

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      (over)

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     County of

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     State of Rhode Island

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

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      Notary Public

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

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

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

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

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

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

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

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

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

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

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

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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

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sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of

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the police authority to whom the duplicate copy of the application form is sent or delivered to make

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a background check of the applicant to ascertain whether he or she falls under the provisions of §

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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

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(12:00) noon of the day following application, no disqualifying information has been received from

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the investigating police authority by the person who is selling the pistol or revolver, he or she will

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deliver the firearm applied for to the purchaser. Upon the finding of no disqualifying information

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under the provisions of the above cited sections of this chapter, and in no case later than thirty (30)

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days after the date of application, the duplicate and triplicate copies of the application will be

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destroyed. Retention of the duplicate and triplicate copies in violation of this section or any

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

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punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this section

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shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to purchases by

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retail dealers duly licensed under the provisions of § 11-47-39.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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

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pistol/revolver safety certificate by the department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any

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non-resident member of the armed forces of the United States who is stationed in this state and who

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is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun.

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At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign

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in triplicate and deliver to the seller the application form described in this section, and in no case

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shall it contain the serial number of the rifle or shotgun.

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(Face of application form)

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Application to Purchase Shotgun or Rifle

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

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Name

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Address

 

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

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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

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Have you ever been convicted of a crime of violence

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

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

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is shotgun or rifle being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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

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(Reverse side of application form)

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

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

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and that I am aware of the penalties for violation of the provisions of the cited sections.

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     Signed

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     County of

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     State of Rhode Island

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

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      Notary Public

 

LC001017 - Page 6 of 9

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

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

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

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

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

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

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

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police in the city or town in which the purchaser has his or her residence shall mark or stamp the

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original copy of the application form with the date and time of receipt and return it by the most

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expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7)

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days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the

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attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly

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

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

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

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

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

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

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

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

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

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

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

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a person or agency shall be punishable by a fine of not more than one thousand dollars ($1,000).

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The provisions of this section shall not apply to bona fide sales at wholesale to duly licensed retail

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dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-47-39.

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

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

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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

***

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

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

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

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

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and rifles to be purchased by the applicant.

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     This act would take effect upon passage.

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LC001017

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