2022 -- H 7302

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LC004359

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Representatives C Lima, S Lima, Vella-Wilkinson, Place, and Noret

     Date Introduced: February 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-2, 11-47-8 and 11-47-42 of the General Laws in Chapter 11-

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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) "Stun gun" is a battery-powered handheld device that transmits an electric charge from

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the device to a person, while touching or applying the device to a person, and is activated by a

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trigger or button.

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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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     11-47-8. License or permit required for carrying pistol -- Other weapons prohibited

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License or permit required for carrying pistol or stun gun -- Possession of a machine gun.

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     (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-

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12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her

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person whether visible or concealed, except in his or her dwelling house or place of business or on

 

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land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these

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sections shall not apply to any person who is the holder of a valid license or permit issued by the

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licensing authority of another state, or territory of the United States, or political subdivision of the

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state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or

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on or about his or her person whether visible or concealed, provided the person is merely

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transporting the firearm through the state in a vehicle or other conveyance without any intent on

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the part of the person to detain him or herself or remain within the state of Rhode Island. No person

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shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this

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chapter. Every person violating the provision of this section shall, upon conviction, be punished by

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imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand

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dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded

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the provisions of suspension or deferment of sentence, nor a probation.

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     (b) No person shall have in his or her possession or under his or her control any sawed-off

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shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this

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subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five

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thousand dollars ($5,000), or both.

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     (c) No person shall have in his or her possession or under his or her control any firearm

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while the person delivers, possesses with intent to deliver, or manufactures a controlled substance.

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Any person convicted of violating this subsection shall be punished by imprisonment for not less

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than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any

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sentence the person may receive for the delivery, possession with intent to deliver, or the

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manufacture of the controlled substance. It shall not be a defense to a violation of this subsection

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that a person has a license or permit to carry or possess a firearm.

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     (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger

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crank, or any other device that when attached to a semi-automatic weapon allows full-automatic

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fire. Individuals who possess these items shall have ninety (90) days from the enactment of this

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section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every

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person violating the provisions of this section shall, upon conviction, be punished by imprisonment

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for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000),

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or both, and, except for a first conviction under this section, shall not be afforded the provisions of

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suspension or deferment of sentence, nor a probation.

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     (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have

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under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D

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printing process. Any person convicted of violating this subsection shall be punished by

 

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imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or

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both and except for a first conviction under this section shall not be afforded the provisions of

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suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to

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federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives

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(ATF) regulations.

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     11-47-42. Weapons other than firearms prohibited.

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     (a)(1) No person shall carry or possess or attempt to use against another any instrument or

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weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal

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knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.

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     (2) No person shall with intent to use unlawfully against another, carry or possess a

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crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to

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cut and stab another.

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     (3) No person shall wear or carry concealed upon his person, any of the above-mentioned

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instruments or weapons, or any razor, or knife of any description having a blade of more than three

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(3) inches in length measuring from the end of the handle where the blade is attached to the end of

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the blade, or other weapon of like kind or description.

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     Any person violating the provisions of these subsections shall be punished by a fine of not

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more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both,

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and the weapon so found shall be confiscated.

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     Any person violating the provisions of these subsections while he or she is incarcerated

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within the confines of the adult correctional institutions shall be punished by a fine of not less than

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one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment

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for not less than one year nor more than five (5) years, or both, and the weapon so found shall be

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confiscated.

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     (b) No person shall sell to a person under eighteen (18) years of age, without the written

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authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill,

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sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung-

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fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description

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having a blade of more than three inches (3") in length as described in subsection (a) of this section,

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or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly

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known as a Chinese throwing star, except that an individual who is actually engaged in the

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instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged

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star with sharpened edges for the sole purpose of instructional use. Any person violating the

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provisions of this subsection shall be punished by a fine of not less than one thousand dollars

 

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($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one

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year nor more than five (5) years, or both, and the weapons so found shall be confiscated.

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     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

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by adding thereto the following sections:

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     11-47-8.2. Purchase, possession, sale or use of stun gun.

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     (a) Any person eighteen (18) years of age or over may purchase or possess a stun gun.

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     (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun to a person

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who is less than eighteen (18) years of age. Any person convicted of violating the provisions of this

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subsection shall be guilty of a felony and may be punished by imprisonment for not less than one

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year nor more than five (5) years.

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     (c) No person shall use or attempt to use a stun gun in the commission of a crime. Any

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person convicted of violating the provisions of this subsection shall be guilty of a felony and may

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be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment for not more

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than ten (10) years, or both.

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     (d) No person shall use or attempt to use a stun gun on a police officer who is engaged in

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the performance of his or her duty. Any person convicted of violating the provisions of this

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subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand dollars

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($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence imposed

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upon a person pursuant to this subsection shall be imposed consecutively to and not concurrently

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with any sentence imposed for the underlying crime or attempted crime, and the person shall not

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be afforded the benefits of suspension or deferment of sentence.

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     11-47-8.3. Review and appeal of the decision of the licensing authority or attorney

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general.

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

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unless further review or appeal is initiated in writing within fifteen (15) days after the decision has

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

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

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licensing authority or the department of the attorney general. Said request shall be submitted within

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

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

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conduct an in-person meeting within fourteen (14) days of the request to review and discuss the

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decision. Said meeting shall only be scheduled or rescheduled beyond the initial fourteen (14) day

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

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     (2) The applicant may submit any supplemental documentation relative to the application,

 

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which shall become part of the application.

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

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

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documents and other evidence without regard to statutory and common law rules. A stenographic

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record, transcription, video, audio or other recording is only allowed by agreement of the parties.

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

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     (5) The licensing authority or the department of the attorney general shall, within seven (7)

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days after the meeting mail, a decision to the applicant granting or denying the application. Any

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

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was based and the rationale for the denial.

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

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pursuant to either §§ 11-47-11 or 11-47-18 or of the decision of the request to reconsider to the

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superior court for the county in which the licensing authority or attorney general is located, in the

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

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applicant at the address listed on the application.

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

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not be verified.

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

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court without a jury.

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

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

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both the petitioner and the superior court.

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     (d) Pursuant to chapter 3 of title 38, the request to reconsider and the appeal to the superior

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

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

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

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and shall remain otherwise confidential.

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     (e) An applicant may have his or her hearing open to the public upon written request to the

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superior court.

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     (f) The superior court may award reasonable attorney's fees, costs and filing fees to the

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

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

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

 

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

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     This act would provide that any person eighteen (18) years of age who is issued a license

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or permit may carry a stun gun and would provide for an appeal process for denial of an application

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for a license or permit.

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     This act would take effect upon passage.

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