2021 -- H 5726

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LC000960

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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 Diaz, and Slater

     Date Introduced: February 24, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-2 and 11-47-51 of the General Laws in Chapter 11-47 entitled

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"Weapons" is hereby amended to read as follows:

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     11-47-2. Definitions.

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

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     (1) "3D printing process" means 3D printing or additive manufacturing which is a process

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of making three (3) dimensional solid objects from a computer file and shall include any of various

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processes in which material is joined or solidified under computer control to create a three (3)

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dimensional object, with material being added together including liquid molecules, or powder

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grains.

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     (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

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§ 921.

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     (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic

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weapon and is designed to fire one round on the pull of the trigger and another round upon release

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of the trigger.

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     (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard

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stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire

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the weapon.

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     (5) "Crime of violence" means and includes any of the following crimes or an attempt to

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commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or

 

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second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery,

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burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

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delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

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controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-

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28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

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dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit

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any offense punishable as a felony; upon any conviction of an offense punishable as a felony

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offense under § 12-29-5.

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     (6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB

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gun," or other instrument from which steel or metal projectiles are propelled, or that may readily

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be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except

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instruments propelling projectiles that are designed or normally used for a primary purpose other

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than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the

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provisions of this section.

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     (7) "Fugitive from justice" means any person who has fled from any state, territory, the

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District of Columbia, or possession of the United States to avoid prosecution for a crime of violence

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or to avoid giving testimony in any criminal proceeding.

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     (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

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number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,

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maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does

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not include a firearm that has been rendered permanently inoperable, or a firearm that is not

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required to have a serial number in accordance with the federal Gun Control Act of 1968.

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     (9) "Licensing authorities" means the board of police commissioners of a city or town

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where the board has been instituted, the chief of police or superintendent of police of other cities

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and towns having a regular organized police force, and, in towns where there is no chief of police

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or superintendent of police, it means the town clerk who may issue licenses upon the

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recommendation of the town sergeant, and it also means any other person or body duly authorized

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by the city or town charter or by state law.

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     (10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily

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restored to shoot automatically more than one shot, without manual reloading, by a single function

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of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts

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designed and intended for use in converting a weapon into a machine gun, and any combination of

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parts from which a machine gun can be assembled if the parts are in the possession or under the

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control of a person.

 

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     (11) "Major component" means, with respect to a firearm:

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     (i) The slide or cylinder or the frame or receiver of the firearm; and

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     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

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

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     (13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with

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overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed

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for the use of blank cartridges only.

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     (14) "Rifle" means a firearm having a rifled bore with a barrel length equal to or greater

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than sixteen inches (16”) with an overall length equal to or greater than twenty six inches (26”),

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and capable of discharging a shot or bullet for each pull of the trigger.

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     (14)(15) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

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(26") or barrel length of less than sixteen inches (16").

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     (15)(16) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-

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six inches (26") or barrel length of less than eighteen inches (18").

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     (16)(17) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

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accept, and borrow, and "purchasing" shall be construed accordingly.

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     (18) "Shotgun" means a firearm having a smooth bore with a barrel length equal to or

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greater than eighteen inches (18") with an overall length equal to or greater than twenty six inches

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(26"), and capable of discharging a shot or bullet for each pull of the trigger.

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     (17)(19) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

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automatic weapon and causes the weapon to fire by turning the crank handle.

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     (18)(20) "Undetectable firearm" means any firearm that:

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     (i) After removal of all parts, other than a major component, is not as detectable by walk-

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through metal detectors commonly used at airports or other public buildings; or

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     (ii) Any major component of which, if subjected to inspection by the types of detection

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devices commonly used at airports or other public buildings for security screening, would not

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generate an image that accurately depicts the shape of the component; or

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     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

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     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into

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on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or

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markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not

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apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.

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     11-47-51. Loaded weapons in vehicles Loaded rifles and shotguns in vehicles and

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roadways.

 

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     (a) It is unlawful for any person to have in his or her possession a loaded rifle or loaded

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shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been

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removed in or on any vehicle or conveyance or its attachments while upon or along any public

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highway, road, lane, or trail within this state; provided, that the provisions of this section shall not

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apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens

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or their deputies, members of the city or town police force, investigators of the department of

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attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other

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inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-7.2,

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nor to other duly appointed law enforcement officers, including conservation officers, nor to

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members of the Army, Navy, Air force, or Marine Corps of the United States, or the National Guard

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or organized reserves, when on duty, nor to officers or employees of the United States authorized

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by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying

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sidearms or a concealed firearm in the performance of his or her official duties under the authority

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of the commanding officer of the military establishment in the state of Rhode Island where he or

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she is employed by the United States nor to persons legally engaged in hunting activity pursuant to

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§ 20-18-3.

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     (b) Any person convicted of violating the provisions of this section shall be punished by

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imprisonment of not more than five (5) years, or by a fine of up to five thousand dollars ($5,000).

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     SECTION 2. 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 define rifle and shotgun and makes it unlawful to possess a loaded rifle or

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shotgun in public subject to various exemptions for law enforcement and other authorized

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individuals.

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     This act would take effect upon passage.

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LC000960

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