2021 -- S 0414

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LC001668

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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 -- LARGE CAPACITY FEEDING DEVICE BAN OF

2021

     

     Introduced By: Senators Goldin, Miller, Seveney, Cano, Calkin, DiPalma, DiMario,
Coyne, Quezada, and Mendes

     Date Introduced: February 25, 2021

     Referred To: Senate Judiciary

     (Attorney General/General Treasurer/Secretary of State/Lieutenant Governor)

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 47.1

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LARGE CAPACITY FEEDING DEVICE BAN OF 2021

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     11-47.1-1. Short title.

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     This chapter shall be known and may be cited as the "Rhode Island Large Capacity Feeding

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Device Ban Act of 2021."

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     11-47.1-2. Definitions.

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     As used in this chapter:

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     (1) "Federally licensed firearm dealer" means a person who holds a valid federal firearm

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dealers license issued pursuant to 18 U.S.C. § 923(a).

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     (2) "Large capacity feeding device" means a magazine, box, drum, tube, belt, feed strip,

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or other container which is capable of holding more than ten (10) rounds of ammunition to be fed

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continuously and directly therefrom into a semi-automatic firearm. The term "large capacity

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feeding device" shall include an ammunition feeding device with a removable floor plate or end

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plate, if the device can readily be extended to accept more than ten (10) rounds of ammunition. The

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term shall not include an attached tubular device which is capable of holding only .22 caliber rimfire

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ammunition.

 

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     11-47.1-3. Large capacity feeding devices prohibited.

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     (a) No person, except for a federally licensed firearms dealer, shall manufacture, sell, offer

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to sell, transfer, purchase, possess, or have under his or her control a large capacity feeding device,

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except as otherwise authorized under this chapter. Any person convicted of violating the provisions

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of this section shall be punished by imprisonment of not more than five (5) years, or by a fine of

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up to five thousand dollars ($5,000), and the large capacity feeding device shall be subject to

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forfeiture.

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     (b) The provisions of subsection (a) of this section shall not apply to:

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     (1) Any person who, on the effective date of this chapter, lawfully possessed a large

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capacity feeding device; provided that, within one hundred eighty (180) days of the effective date

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of this chapter the person:

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     (i) Permanently modifies the large capacity feeding device such that it cannot hold more

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than ten (10) rounds of ammunition;

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     (ii) Surrenders the large capacity feeding device to the police department in the city or town

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where the person resides in accordance with the procedures for surrender of weapons set forth by

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the police department or the Rhode Island state police, or, if there is no such police department or

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the person resides out of state, to the Rhode Island state police; or

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     (iii) Transfers or sells the large capacity feeding device to a federally licensed firearm

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dealer or person or firm outside the state of Rhode Island that is lawfully entitled to own or possess

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such a feeding device.

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     (2)(i) Any law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1; or

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     (ii) A retired law enforcement officer exempt under §§ 11-47-9 and 11-47-9.1 who is not

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otherwise prohibited from receiving such a feeding device from such agency upon retirement, and

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who has a permit to carry pursuant to § 11-47-18(b).

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     (3) An active duty member of the Armed Forces of the United States or the National Guard

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who is authorized to possess and carry such a feeding device.

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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 -- LARGE CAPACITY FEEDING DEVICE BAN OF

2021

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     This act would make it a felony for an individual to possess any semi-automatic firearm

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magazine which is capable of holding more than ten (10) rounds of ammunition. Violation is

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punishable by up to five (5) years imprisonment or a fine of up to five thousand dollars ($5,000).

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There are limited exceptions for firearms dealers, law enforcement and military.

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     This act would take effect upon passage.

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