2022 -- H 7890

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LC004881

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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: Representative Raymond A. Hull

     Date Introduced: March 04, 2022

     Referred To: House Judiciary

     (Dept. of Corrections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-9 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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     11-47-9. 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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chief inspector and inspectors within the office of inspections, within the department of corrections;

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members of the city or town police force; capitol police investigators of the department of attorney

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general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness

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protection review board as set forth in chapter 30 of title 12 and subject to the minimum

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qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant

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to § 31-50-1; railroad police while traveling to and from official assignments or while on

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assignments; conservation officers; or other duly appointed law enforcement officers; nor to

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members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard,

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or organized reserves, when on duty; nor to members of organizations by law authorized to

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purchase or receive firearms from the United States or this state, provided these members are at, or

 

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going to or from, their places of assembly or target practice; nor to officers or employees of the

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United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal

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investigator carrying sidearms or a concealed firearm in the performance of his or her official duties

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under the authority of the commanding officer of the military establishment in the state of Rhode

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Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms

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

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adjutant general where he or she is employed guarding a national guard facility, provided, that the

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commanding officer of the military establishment shall have on file with the attorney general of

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this state a list of the names and addresses of all civilian guards and criminal investigators so

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authorized; nor to duly authorized military organizations when on duty; nor to members when at,

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or going to or from, their customary places of assembly; nor to any individual employed in the

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capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or

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investigator at any project owned or operated by a municipal detention facility corporation,

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including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation

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of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers,

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unloaded from the place of purchase to their residence; or place of business, from their residence

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to their place of business or from their place of business to their residence, or to a federal firearms

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licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any

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police station or other location designated as a site of a bona fide "gun buy-back" program, but only

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if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily

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or directly accessible from the passenger compartment of such vehicle while transporting same and

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further provided, that in the case of a vehicle without a compartment separate from the passenger

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compartment, the firearm 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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     SECTION 2. Section 12-7-21 of the General Laws in Chapter 12-7 entitled "Arrest" is

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hereby amended to read as follows:

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     12-7-21. "Peace officer" defined.

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     "Peace officer," as used within this chapter, means the following individuals or members

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of:

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     (1) Rhode Island state police;

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     (2) Any member of a municipal or local police department;

 

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     (3) Rhode Island airport corporation police;

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     (4) Rhode Island park police;

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     (5) Rhode Island capitol police;

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     (6) Rhode Island conservation officers;

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     (7) Rhode Island department of environmental management officers;

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     (8) Rhode Island fire marshals;

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     (9) Brown University police officers;

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     (10) University of Rhode Island campus police officers;

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     (11) Rhode Island College campus security;

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     (12) Campus security at the Community College of Rhode Island;

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     (13) Rhode Island sheriff's department;

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     (14) The investigators of the department of attorney general appointed pursuant to § 42-9-

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8.1;

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     (15) Any federal law enforcement officer;

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     (16) Correctional investigators, chief inspector and inspectors within the office of

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inspections, and correctional officers of the Rhode Island department of corrections;

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     (17) The witness protection coordinator of the department of attorney general;

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     (18) The warden, associate wardens, majors, captains, lieutenants, sergeants, correctional

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officers and investigators employed by a project operated by a municipal detention facility

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corporation, including, but not limited to, the Donald W. Wyatt Detention Facility; provided, such

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parties listed in this subsection (18) herein shall be deemed to be peace officers while in

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performance of their duties for the municipal detention facility only, and shall not be deemed to be

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peace officers at any time when they are not in performance of said duties;

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     (19) Retired non-permanent sworn members of any municipal police department shall be

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deemed to be peace officers only while in the performance of their duties for any municipal police

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department, and shall be permitted to carry their firearm while in the performance of their duties

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for the municipal police department, and shall be subject to in-service training requirements of title

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42, chapter 28;

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     (20) Auto theft investigators appointed pursuant to § 31-50-1;

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     (21) Providence fire department arson investigators; provided, that the arson investigator

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is a graduate of a police-training academy; and

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     (22) Rhode Island School of Design police officers.

 

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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 add the chief inspector and inspectors within the office of inspections to the

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definition of "peace officer" and would extend to them the exemption relating to carrying a

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concealed firearm without a permit.

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     This act would take effect upon passage.

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