2022 -- H 7569

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LC004864

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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 Cardillo, Phillips, Noret, Chippendale, Shanley, C Lima,
Craven, Corvese, and Solomon

     Date Introduced: February 18, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" is

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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 himself or herself, or to another

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person. Any person may be considered unsuitable if the law enforcement agency doing the

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background check or the department of attorney general has evidence which supports a good faith

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belief that the person is a member of a criminal street gang as defined in § 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.

 

LC004864 - Page 3 of 5

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     SECTION 2. This act shall take effect upon passage.

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LC004864

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

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     This act would define suitable person and provide guidance on what an unsuitable person

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is relative to possessing a firearm. An unsuitable person being defined as one that is a clear and

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present danger to themselves or others or anyone that is a member of a criminal street gang as

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defined under § 12-19-39(a).

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     This act would take effect upon passage.

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LC004864

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