2021 -- S 0522

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LC002259

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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 -- ACCESS TO PUBLIC RECORDS

     

     Introduced By: Senators Rogers, de la Cruz, Paolino, Archambault, Ciccone, Lombardo,
and Raptakis

     Date Introduced: March 04, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-2, 11-47-9, 11-47-11, 11-47-12, 11-47-18 and 11-47-20 of

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the General Laws in Chapter 11-47 entitled "Weapons" are 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) "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) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

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

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     (16) "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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     (17) "Suitable person" means any person who is not prohibited by state law from possessing

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a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and

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convincing evidence that the person is a clear and present danger to him or herself, or to another

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person. Any person may be considered unsuitable if the police department or the attorney general

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has evidence which supports a good faith belief that they are a member of a criminal street gang as

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defined by § 12-19-39(a).

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     (17)(18) "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)(19) "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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     11-47-9. Persons exempt from restrictions.

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     (a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the

 

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superintendent and members of the state police; members of the Rhode Island airport police

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department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief

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deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those

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assigned to the investigation unit; Providence fire department arson investigators, provided that the

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investigator receiving the permit is a graduate of a police-training academy; correctional officers,

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within the department of corrections; members of the city or town police force; capitol police

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investigators of the department of attorney general appointed pursuant to § 42-9-8.1; the witness

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protection coordinator for the witness protection review board as set forth in chapter 30 of title 12

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and subject to the minimum qualifications of § 42-9-8.1; automobile theft investigators of the

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Rhode Island state police pursuant to § 31-50-1; railroad police while traveling to and from official

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assignments or while on assignments; conservation officers; or other duly appointed law

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enforcement officers; nor to members of the Army, Navy, Air Force, and Marine Corps of the

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United States, the National Guard, or organized reserves, when on duty; nor to members of

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organizations by law authorized to purchase or receive firearms from the United States or this state,

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provided these members are at, or going to or from, their places of assembly or target practice; nor

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to officers or employees of the United States authorized by law to carry a concealed firearm; nor to

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any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the

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performance of his or her official duties under the authority of the commanding officer of the

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military establishment in the state of Rhode Island where he or she is employed by the United

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States; nor to any civilian guard carrying sidearms or a concealed firearm in the performance of his

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or her official duties under the authority of the adjutant general where he or she is employed

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guarding a national guard facility, provided, that the commanding officer of the military

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establishment shall have on file with the attorney general of this state a list of the names and

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addresses of all civilian guards and criminal investigators so authorized; nor to duly authorized

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military organizations when on duty; nor to members when at, or going to or from, their customary

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places of assembly; nor to any individual employed in the capacity of warden, associate warden,

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major, captain, lieutenant, sergeant, correctional officer or investigator at any project owned or

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operated by a municipal detention facility corporation, including the Donald W. Wyatt Detention

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Facility; nor to the regular and/or ordinary transportation of pistols or revolvers as merchandise;

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nor to any person while transporting a pistol, or revolvers, unloaded from the place of purchase to

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their residence; or place of business, from their residence to their place of business or from their

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place of business to their residence, or to a federal firearms licensee for the purpose of sale, to or

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from a bona fide gunsmith, or firearms repair facility, to any police station or other location

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designated as a site of a bona fide "gun buy-back" program, but only if said pistol or revolver is

 

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unloaded and any ammunition for said pistol or revolver is not readily or directly accessible from

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the passenger compartment of such vehicle while transporting same and further provided, that in

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the case of a vehicle without a compartment separate from the passenger compartment, the firearm

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or the ammunition shall be stored in a locked container.

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     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

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shall have the right to carry concealed firearms everywhere within this state; provided, that this

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shall not be construed as giving the right to carry concealed firearms to a person transporting

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firearms as merchandise or as household or business goods.

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     (c) The attorney general shall have the authority to enter into agreements or otherwise

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formally approve reciprocal recognition with other states that require an agreement to be in place

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before that state will recognize a Rhode Island attorney general or a city or town police department

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concealed handgun permit as valid.

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     (d) Rhode Island shall recognize and honor a concealed handgun or concealed weapon

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permit or license issued by any other reciprocal state or county, provided:

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     (1) The permit or license holder is a non-resident who is twenty-one (21) years of age or

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older;

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     (2) The reciprocal state and or county provides the means for instantaneous verification of

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the validity of all such permits or licenses issued within that state or county, accessible twenty-four

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(24) hours a day;

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     (3) The permit or license holder has in his or her immediate possession the concealed

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handgun or concealed weapon permit or license along with a photo identification issued by a state

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or government agency and presents for verification the permit or license and identification upon

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demand by a law-enforcement officer;

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     (4) The permit or license holder is subject to the same laws and restrictions with respect to

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carrying a concealed weapon or concealed firearm as a resident of Rhode Island who is so licensed.

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     (e) Rhode Island shall recognize an official government-issued law-enforcement

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identification card issued to an active-duty law-enforcement officer from any other state or county.

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These individuals shall be exempted from the provisions of § 11-47-8 and shall have the right to

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carry a concealed firearm everywhere within this state.

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     11-47-11. License or permit to carry concealed pistol or revolver.

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     (a) The licensing authorities of any city or town shall, upon application of any person

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twenty-one (21) years of age or over having a bona fide residence or place of business within the

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city or town, or of any person twenty-one (21) years of age or over having a bona fide residence

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within the United States and a license or permit to carry a pistol or revolver concealed upon his or

 

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her person issued by the authorities of any other state or subdivision of the United States, issue a

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license or permit to the person to carry concealed upon his or her person a pistol or revolver

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everywhere within this state for four (4) years from date of issue, if it appears that the applicant has

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good reason to fear an injury to his or her person or property or has any other proper any lawful

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reason for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed;

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subject to the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper

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purpose.

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     (1) The license or permit shall be in triplicate in form to be prescribed by the attorney

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general and shall bear the fingerprint, photograph, name, address, description, and signature of the

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licensee and the reason given for desiring a license or permit and in or the permit holder. In no case

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shall it contain the serial number of any firearm. The original shall be delivered to the licensee.

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     (2) The licensing authority shall retain a copy of the permit for its records and send a second

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copy to the attorney general. All permits issued or renewed pursuant to this section shall be recorded

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in the Rhode Island criminal history database, or its successor system.

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     (3) Any member of the licensing authority, its agents, servants, and employees shall be

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immune from suit in any action, civil or criminal, based upon any official act or decision, performed

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or made in good faith in issuing a license or permit under this chapter.

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     (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode

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Island, the licensing authority of any city or town shall not provide or release to any individual,

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firm, association or corporation the name, address, or date of birth of any person who has held or

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currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be

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construed to prohibit the release of any statistical data of a general nature relative to age, gender

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and racial or ethnic background nor shall it be construed to prevent the release of information to

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parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal

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or civil action which the person is a party to that action.

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     (c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete

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application to the applicant along with a written explanation, stating with specificity, why the

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application is incomplete.

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     (d) The licensing authority shall approve or deny a completed application within ninety

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(90) calendar days of receiving it.

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     (1) Within seven (7) business days after approval, the license shall be made available for

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the applicant to pick up in person or, at the request and expense of the applicant be delivered by

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mail.

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     (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon

 

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which the licensing authority based its decision on and the rationale for the denial.

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     (3) Failure by the licensing authority to approve or deny within the time allowed shall

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constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other

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purpose, and shall create a presumption that no evidence exists indicating that the applicant is

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unsuitable.

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     (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

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or has been expired for less than six (6) months. Any person whose permit has been expired for six

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(6) months or more may apply for a new permit under this section.

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     (f) Each licensing authority shall make its application available to any person by:

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     (1) Posting it on its website, if it has one;

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     (2) Making it immediately available, free of charge, to any person who requests it; and

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     (3) Upon request, providing a copy by US mail.

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     (g) All applications shall include two (2) forms of identification, such as a driver’s license,

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state issued non-driver ID card, concealed carry permit issued by any state or political subdivision

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of any state, passport, immigration documentation, military ID, student ID, social security card or

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a birth certificate. At least one of these must be a government issued photo ID.

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     (1) The licensing authority may only use the applicant’s social security number for the

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background check.

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     (h) All applications shall include an FBI Fingerprint Card (FD-258), or successor version,

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or provide fingerprints by livescan, with the application, except that this shall not be a requirement

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for a renewal applicant.

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     (i) All applications shall include a copy of the instructor’s credentials for the instructor who

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certified their firing score on their application.

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     (j) All licensing authorities of a city or town shall use the following application:

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     Application for a concealed carry license pursuant to RIGL § 11-47-11

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     Name:

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     ________________________________________________________________________

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     Address:

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      ______________________________________________________________________

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

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     Date of Birth: _________________

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     Place of Birth:___________________________________

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     Height: _________Weight: ________

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     Hair color: ___________ Eye color: _____________

 

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     Are you a citizen of the United

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      States?______________________________________________

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     If you are not a United States citizen, please list your admission number:

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      ____________________

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     ARMY L or RI COMBAT COURSE shooting score:

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      __________________________________

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     Name and certification number of NRA or RI instructor:

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      ________________________________

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     Signature of instructor:

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      __________________________________________________________

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     Have you ever been convicted of a crime of violence (Pursuant to § 11-47-2):

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      _______________

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     Are you a fugitive from justice (Pursuant to § 11-47-2):

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      _________________________________

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     Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to

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     § 11-47-6): __________________________

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     Have you ever been adjudicated as being mentally incompetent (Pursuant to § 11-47-6)

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     : _______

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     Have you been dishonorably discharged from the United States Military?

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      __________________

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     To your knowledge, are you prohibited by federal or state law from possessing a firearm?

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      _____

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     For what lawful purpose do you seek to carry a pistol or revolver?

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      ________________________

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     Applicant's signature:

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      ____________________________________________________________

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

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms

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Act, RIGL 11-47, of the State of Rhode Island, and that I am aware of the penalties for

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     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 (or other jurisdiction)

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     Subscribed and sworn before me this (month, date, year)

 

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     Notary Public

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     (k) No licensing authority shall require any additional forms, standards, information,

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waivers or other additional requirements unless specifically requested by, or provided by, the

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applicant.

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     (l) The licensing authority shall establish and maintain an emergency permit extension on

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the renewal application for a license to carry a concealable weapon.

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     (1) The emergency permit extension is only available to renewal applicants who, at the

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time of the application, have an unexpired four (4) year city or town issued license to carry a

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concealable weapon and who must maintain this license for work purposes.

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     (2) A complete renewal application must be delivered to the licensing authority prior to the

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license expiration date.

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     (3) The licensing authority shall, within three (3) business days of receipt of the renewal

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application if there is no material change in the renewal application, no material change in need

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and no change in applicant’s criminal history, automatically approve and make available the

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emergency permit.

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     (4) A fee of fifty ($50.00) dollars shall be charged and shall be paid to the licensing

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authority for the emergency permit extension upon the issuance of the emergency permit.

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     (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days

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only.

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     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

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stay or toll the time periods in the renewal process as outlined in subsection (e) of this section.

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     11-47-12. License or permit fee. License to carry weapon fee.

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     A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or permit

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a license or permit to carry a weapon to the licensing authority issuing it and/or the attorney general

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upon issuance. No additional fees or costs of any type shall be charged for any reason, except, that

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the actual fee charged by the FBI to process fingerprints may be charged to the applicant. Every

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license or permit shall be valid for four (4) years from the date when issued unless sooner revoked

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subject only to the emergency provision contained in this chapter. The fee charged for issuing of

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the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode

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Island the department of the attorney general.

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     11-47-18. License or permit issued by attorney general on showing of need -- Issuance

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to retired police officers.

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     (a) The attorney general may issue a license or permit to any person twenty-one (21) years

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of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person

 

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everywhere within this state for four (4) years from date of issue upon a proper showing of need,

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or employment and that he or she is a suitable person to be so licensed, subject to the provisions of

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§§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of

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§ 11-47-7.

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     (1) A license to carry a pistol or revolver may not be issued to and is immediately revoked

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for an individual who is in violation of § 11-47-7.

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     (b) All state police officers and permanent members of city and town police forces of this

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state who have retired in good standing after at least twenty (20) years of service, or retired in good

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standing due to a physical disability other than a psychological impairment, may shall be issued a

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license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15.

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The term "in good standing" means that at the time of retirement, the police officer was not facing

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disciplinary action that could have resulted in his or her termination for misconduct or unfitness for

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office. Any member of the licensing authority, and its agents, servants, and employees shall be

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immune from suit in any action, civil or criminal, based upon any official act or decision, performed

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or made in good faith in issuing a license or permit under this chapter.

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     (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode

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Island, the attorney general shall not provide or release to any individual, firm, association or

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corporation the name, address, or date of birth of any person who has held or currently holds a

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license or permit to carry a concealed pistol or revolver. This section shall not be construed to

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prohibit the release of any statistical data of a general nature relative to age, gender and racial or

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ethnic background nor shall it be construed to prevent the release of information to parties involved

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in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action

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which said person is a party to such action.

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     (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

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or has been expired for less than six (6) months. Any person whose permit has been expired for six

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(6) months or more may apply for a new permit under this section.

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     (e) The attorney general’s application for a license to carry a pistol or revolver shall be

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filled out completely by the applicant, dated and signed by the applicant and notarized.

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     (f) The attorney general may request only the following information on the application:

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     (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full

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residence address and mailing address if different (no post office boxes accepted);

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     (2) All applicant’s available phone numbers, including, but not limited to, business,

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cellular, mobile and land line phone numbers;

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     (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, full Social

 

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Security number;

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     (4) Applicant’s occupation, job description, years of employment and employer’s full

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address and contact information, except that this information may only be required if the permit is

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being requested as a condition of employment with a specific company;

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     (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen

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of the United States, a copy of both sides of a current and valid alien registration card or work

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authorization card;

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     (6) A listing of all of the applicant’s full addresses for the last three (3) years, including

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the dates of residence;

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     (7) Information relating to the applicant’s arrest record including, but not limited to, the

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date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

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occurred in, the arresting charge and disposition;

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     (8) Information relating to the applicants plea of nolo contendere to any charge or violation

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including, but not limited to, the date the applicant was arrested, the name of the city/town or

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arresting agency, the state the plea occurred in, the arresting charge and disposition;

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     (9) Information relating to the applicant’s conviction record including, but not limited to,

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the date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

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occurred in, the arresting charge and disposition;

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     (10) Information relating to the applicants indictment in any court for a crime punishable

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for more than one year, including, but not limited to, the name of the city/town or indicting agency,

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the state of the indictment, the indicting charge and disposition;

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     (11) Information relating to the applicant if he or she was ever under a guardianship or has

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been subject to confinement by virtue of being a mental incompetent, or who has been adjudicated

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or is under treatment or confinement as a drug addict, including, but not limited to, the dates thereof;

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and

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     (12) Information relating to the applicant’s current and prior applications for a permit to

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carry a pistol or revolver from the attorney general, any local city or town, or any other state,

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including, but not limited to, if any permit is active, denied or revoked, with the dates and reasons

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thereof. The attorney general may require notarized photocopies of the front and back of all valid

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permits.

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     (g) The attorney general may require only the following with the application:

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     (1) A dated, signed and notarized typed statement from the applicant outlining the

33

applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the

34

permit is to be used for employment, a typed and signed letter of explanation must be submitted on

 

LC002259 - Page 11 of 21

1

the employer's letterhead and included with the application. In addition, the applicant must submit

2

a copy of the business license or other evidence that the business exists.

3

     (2) Enclose two (2) 1” X 1” photographs of the applicant taken without headgear or glasses.

4

This photograph must be a clear, colored picture of the head and face. The applicant must print his

5

or her name on the back of each picture. No laminated photos will be accepted.

6

     (3) Copies of both the front and the back of two (2) types of positive identification for the

7

applicant, examples include, but are not limited to: birth certificate, United States Passport, a Rhode

8

Island or other state driver’s license or a Rhode Island identification card, concealed carry permit

9

issued by any state or political subdivision of any state, military ID, student ID or social security

10

card. At least one of these must be a government issued photo ID. The photocopies submitted must

11

be signed and dated by a notary public attesting to the photocopies as being true copies.

12

     (4) The application must include the applicant’s full set of fingerprints submitted on a FBI

13

FINGERPRINT APPLICANT CARD {FD-258 (Rev. 12-29-82 or successor version)} included

14

with the application. Fingerprint card must be signed by applicant. This requirement is not

15

necessary for a renewal application

16

     (5) Three (3) dated, signed and notarized typed reference letters from individuals who

17

personally know the applicant. The individuals used as references must include on the letters the

18

following information: their full names, residence address, phone number with area code and the

19

years they have known the applicant. An applicant’s reference letter dated more than one hundred

20

and twenty (120) days prior to the date of the permit application will be considered invalid.

21

Reference letters must be written by the reference, not the applicant, and cannot be identical. This

22

requirement is not necessary for a renewal application.

23

     (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law

24

enforcement personnel may submit a certification of the Rhode Island combat course). A N.R.A.

25

instructor or a police range officer must sign and complete the certification which shall include the

26

date of the qualification, the printed name, phone number of the instructor, instructor’s N.R.A.

27

number, the caliber of the weapon and the applicant’s score. An applicant’s qualification

28

certification dated more than one year prior to the date of the permit application will be considered

29

invalid.

30

     (7) A copy of the N.R.A. instructor certification or the police officer’s range certification

31

must be submitted with the application.

32

     (8) The applicant’s legal residence may be required. The residency requirement may be

33

satisfied by any one of the following methods: the application may be signed by the applicant’s

34

local licensing authority, the application may be signed by the city or town chief of police, the

 

LC002259 - Page 12 of 21

1

application may be signed by the city or town clerk or the applicant may submit a certified or

2

notarized copy the applicant’s voter registration card.

3

     (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar

4

with all the provisions of chapter 47 of title 11, relating to weapons and acknowledges the penalties

5

for violations of the provisions of the cited sections. He or she shall further attest that any alteration

6

of the permit is just cause for revocation. The affidavit shall be dated and notarized and shall

7

indicate the date it was submitted to the licensing authority or the police department.

8

     (10) All non-resident applicants must include a copy of both the front and the back of their

9

home state permit, if they have one.

10

     (h) The licensing authority may only use the applicant’s social security number for the

11

background check.

12

     (i) The attorney general shall, within ninety (90) days for an in-state applicant or one

13

hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete

14

application either approve or deny the application.

15

     (1) If the application is approved, the attorney general may require the applicant to be

16

present in the offices of the attorney general to sign and submit a fingerprint for the permit.

17

     (2) If the attorney general denies the application, the applicant shall be notified, either by

18

mail or by phone, that the entire application is available for pick-up by the applicant. Any denial

19

shall be in writing and state with specificity the reason(s) and evidence upon which the denial was

20

based and the rationale for the denial.

21

     (3) If the attorney general deems the application incomplete, then the applicant shall be

22

notified, either by mail or by phone, within five (5) business days from submitting the application,

23

that the entire application is available for pick-up by the applicant along with a written response

24

stating the reason(s) why the application was deemed incomplete.

25

     (j) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under

26

§11-47-18.

27

     (k) The attorney general’s renewal application for a license to carry a pistol or revolver

28

shall be as follows:

29

     (1) The applicant must submit a fully complete, signed, dated and notarized renewal

30

application to the attorney general prior to the expiration date of the permit.

31

     (2) The renewal application shall include only the information included in subsection (f)

32

(1) of this section and shall only contain the requirements included in subsection (f)(2) of this

33

section, with the following exceptions:

34

     (i) The three (3) dated, signed and notarized typed reference letters from individuals who

 

LC002259 - Page 13 of 21

1

personally know the applicant are not required upon renewal.

2

     (ii) The fingerprint card requirement is not required for renewal.

3

     (3) The attorney general shall, within sixty (60) days of receipt of the renewal application,

4

if there is no material change in the applicant’s renewal application, no material change in need and

5

no change in the applicant’s criminal history, automatically approve the renewal application.

6

     (l) The attorney general shall establish and maintain an emergency permit extension on the

7

renewal application for a license to carry a pistol or revolver.

8

     (1) The emergency permit extension is only available to renewal applicants who, at the

9

time of the application, have an unexpired four (4) year attorney general license to carry a pistol or

10

revolver and who must maintain this license for work purposes.

11

     (2) A complete renewal application must be delivered to the department of the attorney

12

general prior to the license expiration date.

13

     (3) The attorney general shall, within three (3) business days of receipt of the renewal

14

application, if there is no material change in the applicant’s renewal application, no material change

15

in need and no change in applicant’s criminal history, automatically approve and make available

16

the emergency permit.

17

     (4) A fee of fifty dollars ($50.00) shall be charged and shall be paid to the attorney general

18

for the emergency permit extension upon the issuance of the emergency permit.

19

     (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days

20

only.

21

     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

22

stay or toll the time periods in the renewal process as outlined in § 11-47-11(e).

23

     11-47-20. Sale or possession of silencers. Sale and possession of silencers.

24

     (a) It shall be unlawful within this state to manufacture, sell, purchase, or possess or use a

25

firearm, with an overall length of less than seventeen inches (17") that has attached any muffler,

26

silencer, or device for deadening or muffling the sound of a the firearm when discharged.

27

     (b) Violations of this section shall be punished by imprisonment for not less than one year

28

and one day.

29

     SECTION 2. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public

30

Records" is hereby amended to read as follows:

31

     38-2-2. Definitions.

32

     As used in this chapter:

33

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

34

administrative body of the state, or any political subdivision thereof; including, but not limited to:

 

LC002259 - Page 14 of 21

1

any department, division, agency, commission, board, office, bureau, authority; any school, fire, or

2

water district, or other agency of Rhode Island state or local government that exercises

3

governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

4

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

5

any public agency.

6

     (2) "Chief administrative officer" means the highest authority of the public body.

7

     (3) "Public business" means any matter over which the public body has supervision,

8

control, jurisdiction, or advisory power.

9

     (4) "Public record" or "public records" shall mean means all documents, papers, letters,

10

maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

11

processing records, computer stored data (including electronic mail messages, except specifically

12

for any electronic mail messages of or to elected officials with or relating to those they represent

13

and correspondence of or to elected officials in their official capacities), or other material regardless

14

of physical form or characteristics made or received pursuant to law or ordinance or in connection

15

with the transaction of official business by any agency. For the purposes of this chapter, the

16

following records shall not be deemed public:

17

     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

18

relationship, including all medical information relating to an individual in any files.

19

     (b) Personnel and other personal individually identifiable records otherwise deemed

20

confidential by federal or state law or regulation, or the disclosure of which would constitute a

21

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

22

however, with respect to employees, and employees of contractors and subcontractors working on

23

public works projects that are required to be listed as certified payrolls, the name, gross salary,

24

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

25

remuneration in addition to salary, job title, job description, dates of employment and positions

26

held with the state, municipality, or public works contractor or subcontractor on public works

27

projects, employment contract, work location, and/or project, business telephone number, the city

28

or town of residence, and date of termination shall be public. For the purposes of this section

29

"remuneration" shall include any payments received by an employee as a result of termination, or

30

otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

31

vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision.

32

     (II) Notwithstanding the provisions of this section, or any other provision of the general

33

laws to the contrary, the pension records of all persons who are either current or retired members

34

of any public retirement systems, as well as all persons who become members of those retirement

 

LC002259 - Page 15 of 21

1

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

2

section, shall include all records containing information concerning pension and retirement benefits

3

of current and retired members of the retirement systems and future members of said systems,

4

including all records concerning retirement credits purchased and the ability of any member of the

5

retirement system to purchase retirement credits, but excluding all information regarding the

6

medical condition of any person and all information identifying the member's designated

7

beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries

8

have received or are receiving pension and/or retirement benefits through the retirement system.

9

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

10

or corporation that is of a privileged or confidential nature.

11

     (C) Child custody and adoption records, records of illegitimate births, and records of

12

juvenile proceedings before the family court.

13

     (D) All records maintained by law enforcement agencies for criminal law enforcement and

14

all records relating to the detection and investigation of crime, including those maintained on any

15

individual or compiled in the course of a criminal investigation by any law enforcement agency.

16

Provided, however, such records shall not be deemed public only to the extent that the disclosure

17

of the records or information (a) Could reasonably be expected to interfere with investigations of

18

criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair

19

trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted

20

invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a

21

confidential source, including a state, local, or foreign agency or authority, or any private institution

22

that furnished information on a confidential basis, or the information furnished by a confidential

23

source; (e) Would disclose techniques and procedures for law enforcement investigations or

24

prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or

25

(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records

26

relating to management and direction of a law enforcement agency and records or reports reflecting

27

the initial arrest of an adult and the charge or charges brought against an adult shall be public.

28

     (E) Any records that would not be available by law or rule of court to an opposing party in

29

litigation.

30

     (F) Scientific and technological secrets and the security plans of military and law

31

enforcement agencies, the disclosure of which would endanger the public welfare and security.

32

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

33

charitable contribution to the public body whenever public anonymity has been requested of the

34

public body with respect to the contribution by the contributor.

 

LC002259 - Page 16 of 21

1

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

2

collective bargaining.

3

     (I) Reports and statements of strategy or negotiation with respect to the investment or

4

borrowing of public funds, until such time as those transactions are entered into.

5

     (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant

6

to chapter 46 of title 42.

7

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

8

products, including those involving research at state institutions of higher education on commercial,

9

scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided,

10

however, any documents submitted at a public meeting of a public body shall be deemed public.

11

     (L) Test questions, scoring keys, and other examination data used to administer a licensing

12

examination, examination for employment or promotion, or academic examinations; provided,

13

however, that a person shall have the right to review the results of his or her examination.

14

     (M) Correspondence of or to elected officials with or relating to those they represent and

15

correspondence of or to elected officials in their official capacities.

16

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

17

evaluations made for or by an agency relative to the acquisition of property or to prospective public

18

supply and construction contracts, until such time as all of the property has been acquired or all

19

proceedings or transactions have been terminated or abandoned; provided the law of eminent

20

domain shall not be affected by this provision.

21

     (O) All tax returns.

22

     (P) All investigatory records of public bodies, with the exception of law enforcement

23

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

24

actions taken, provided that all records prior to formal notification of violations or noncompliance

25

shall not be deemed to be public.

26

     (Q) Records of individual test scores on professional certification and licensing

27

examinations; provided, however, that a person shall have the right to review the results of his or

28

her examination.

29

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

30

     (S) Records, reports, opinions, information, and statements required to be kept confidential

31

by federal law or regulation or state law or rule of court.

32

     (T) Judicial bodies are included in the definition only in respect to their administrative

33

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

34

from the operation of this chapter.

 

LC002259 - Page 17 of 21

1

     (U) Library records that, by themselves or when examined with other public records, would

2

reveal the identity of the library user requesting, checking out, or using any library materials.

3

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing

4

or speech impaired.

5

     (W) All records received by the insurance division of the department of business regulation

6

from other states, either directly or through the National Association of Insurance Commissioners,

7

if those records are accorded confidential treatment in that state. Nothing contained in this title or

8

any other provision of law shall prevent or be construed as prohibiting the commissioner of

9

insurance from disclosing otherwise confidential information to the insurance department of this

10

or any other state or country, at any time, so long as the agency or office receiving the records

11

agrees in writing to hold it confidential in a manner consistent with the laws of this state.

12

     (X) Credit card account numbers in the possession of state or local government are

13

confidential and shall not be deemed public records.

14

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

15

provided under any subpoena issued under Rhode Island general law § 9-1.1-6.

16

     (Z) Any individually identifiable evaluations of public school employees made pursuant to

17

state or federal law or regulation.

18

     (AA) All documents prepared by school districts intended to be used by school districts in

19

protecting the safety of their students from potential and actual threats.

20

     (BB) All documents, records and proceedings pursuant to the firearms act, appeal section

21

§ 11-47-64, before a licensing authority, the office of the attorney general and the superior court

22

are not open to the public.

23

     SECTION 3. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

24

by adding thereto the following section:

25

     11-47-64. Review and appeal of the decision of the licensing authority or attorney

26

general.

27

     (a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall

28

be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the

29

decision has been mailed to the applicant at the address listed on the application.

30

     (b) An aggrieved individual may submit a written request to reconsider the denial to the

31

licensing authority or the office of the attorney general. Said request must be submitted within

32

fifteen (15) days after the decision has been mailed to the address provided by the applicant.

33

     (1) The licensing authority or the office of the attorney general shall schedule and conduct

34

an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said

 

LC002259 - Page 18 of 21

1

meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by

2

agreement of the parties and/or for good cause, but in no event exceed sixty (60) days.

3

     (2) The applicant may submit any supplemental documentation or written evidence relative

4

to the application, which shall become part of the application.

5

     (3) The meeting shall be conducted as an informal meeting, not as an administrative

6

hearing. The licensing authority or the office of the attorney general shall receive and consider

7

documents and other evidence without regard to statutory and common law rules. No stenographic

8

record, transcription, video, audio or other recording is allowed.

9

     (4) The applicant may be represented at this meeting by an attorney.

10

     (5) The licensing authority or the department of the attorney general shall within fourteen

11

(14) days after the meeting mail a decision to the applicant granting or denying the application.

12

Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the

13

denial was based and the rationale for the denial.

14

     (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit

15

pursuant to the decision of the request to reconsider to the superior court of the state of Rhode

16

Island for the county in which the licensing authority or attorney general is located, in the form of

17

a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant

18

at the address listed on the application.

19

     (1) The petition for review shall state the grounds upon which review is sought but need

20

not be verified.

21

     (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior

22

court without a jury.

23

     (3) Within thirty (30) days of the notice of appeal the licensing authority or attorney general

24

shall provide a full, complete and certified copy of the application and all submitted documents to

25

both the petitioner and the superior court.

26

     (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior

27

court, shall not be deemed public. All documents, records and proceedings before the licensing

28

authority, the office of the attorney general and the superior court are not open to the public but

29

may be accessed by law enforcement personnel to be used for law enforcement purposes only and

30

shall remain otherwise confidential.

31

     (e) An applicant may have their hearing open to the public upon written request to the

32

superior court.

33

     (f) The superior court shall award reasonable attorneys' fees, costs and filing fees to the

34

prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the

 

LC002259 - Page 19 of 21

1

prevailing applicant if the licensing authority or the department of the attorney general did not have

2

a good faith basis in the denial of the license or permit.

3

     SECTION 4. Chapter 20-13 of the General Laws entitled "Hunting and Hunting Safety" is

4

hereby amended by adding thereto the following section:

5

     20-13-18. Hunting with suppressor.

6

     (a) An individual in lawful possession of a device that will silence, suppress, or muffle the

7

sound or natural report of a rifle or shotgun when the rifle or shotgun is discharged may, at his or

8

her sole discretion, use such device to hunt any game for which the individual is licensed, provided

9

the host rifle or shotgun to which the device is attached is allowed.

10

     (b) No city, town, committee, board or state or local agency may enact rules, regulations

11

or ordinances requiring or in any other manner mandating the use of a device that will silence,

12

suppress, or muffle the sound or natural report of a rifle or shotgun.

13

     SECTION 5. This act shall take effect upon passage.

========

LC002259

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LC002259 - Page 20 of 21

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS -- ACCESS TO PUBLIC RECORDS

***

1

     This act would, for firearms purposes, define a suitable person for purposes of authorization

2

to lawfully possess a pistol or revolver; would set forth conditions where Rhode Island may

3

recognize a concealed weapon permit or license issued by a reciprocal state; would create an

4

application form that must be completed and submitted by an individual seeking a weapon or permit

5

license; would establish a time frame within which an application must be approved or denied;

6

would detail the process of review or appeal for individuals whose application has been denied;

7

and would set forth a process for an emergency permit extension to an existing permit.

8

     This act would take effect upon passage.

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LC002259

========

 

LC002259 - Page 21 of 21