2021 -- H 5969

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LC001018

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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 Felix, Knight, Tanzi, Cassar, Shanley, Caldwell, Batista,
Craven, McEntee, and Henries

     Date Introduced: February 26, 2021

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

"Weapons" are hereby amended to read as follows:

     11-47-2. Definitions.

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

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

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

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

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

grains.

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

§ 921.

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

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

of the trigger.

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

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

the weapon.

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

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

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

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

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

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

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

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

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

offense under § 12-29-5.

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

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

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

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

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

provisions of this section.

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

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

or to avoid giving testimony in any criminal proceeding.

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

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

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

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

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

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

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

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

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

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

by the city or town charter or by state law.

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

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

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

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

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

control of a person.

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

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

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

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

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

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

for the use of blank cartridges only.

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

than sixteen inches (16") with an overall length equal to or greater than twenty-six inches (26") and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

roadways.

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

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

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

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

apply to 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, investigators of the department of

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

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

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

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

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

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

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

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

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

to the provisions of § 20-18-3.

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

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

     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

***

     This act would define rifle and shotgun as weapons and make it unlawful to possess a

loaded rifle or shotgun in public subject to various exceptions inclusive of hunting activity

punishable upon conviction by imprisonment up to five (5) years or a fine up to five thousand

dollars ($5,000).

     This act would take effect upon passage.

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