2022 -- S 2116 | |
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LC003561 | |
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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 | |
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Introduced By: Senators Archambault, and Burke | |
Date Introduced: January 25, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-35 and 11-47-35.2 of the General Laws in Chapter 11-47 |
2 | entitled "Weapons" are hereby amended to read as follows: |
3 | 11-47-35. Sale of concealable weapons -- Safety courses and tests -- Issuance of |
4 | permits to certain government officers. |
5 | (a)(1) No person shall deliver a pistol or revolver to a purchaser until seven (7) days shall |
6 | have elapsed from twelve o'clock (12:00) noon of the day following the day of application for the |
7 | purchase, and when delivered, the pistol or revolver shall be unloaded and securely wrapped, with |
8 | the bill of sale to be enclosed within the wrapper with the pistol or revolver. Any citizen of the |
9 | United States and/or lawful resident of this state who is twenty-one (21) years of age or older, and |
10 | any nonresident member of the armed forces of the United States who is stationed in this state and |
11 | who is twenty-one (21) years of age or older, may, upon application, purchase or acquire a pistol |
12 | or revolver. At the time of applying for the purchase of a concealable firearm, the purchaser shall: |
13 | (i) Complete and sign in triplicate and deliver to the person selling the pistol or revolver the |
14 | application form described in this section, and in no case shall it contain the serial number of the |
15 | pistol or revolver; and (ii) Present to the person selling the pistol or revolver a pistol/revolver safety |
16 | certificate issued by the department of environmental management. The certificate shall be retained |
17 | in the possession of the buyer. The pistol/revolver safety certificate shall certify that the purchaser |
18 | has completed a basic pistol/revolver safety course as shall be administered by the department of |
19 | environmental management. |
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1 | (Face of application form) |
2 | Application to Purchase Pistol or Revolver |
3 | Date ………………………………………… Hour ………………………………… A.M. P.M. |
4 | Name |
5 | Address |
6 | (Street and number) (City or town) (State) |
7 | Date of Birth Place of Birth |
8 | Height Weight Color hair |
9 | Color eyes |
10 | Scars |
11 | Tattoos |
12 | Other identifying marks |
13 | Are you a citizen of the United States |
14 | Are you a citizen of Rhode Island |
15 | How long |
16 | Where stationed |
17 | (Armed Forces only) |
18 | Number of pistols and/or revolvers to be purchased |
19 | Have you ever been convicted of a crime of violence |
20 | (See § 11-47-2) |
21 | Have you ever been adjudicated or under confinement as addicted to a controlled substance |
22 |
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23 | Have you ever been adjudicated or under confinement for alcoholism |
24 |
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25 | Have you ever been confined or treated for mental illness |
26 | From whom is pistol or revolver being purchased |
27 | Seller's address |
28 | Seller's signature |
29 | Applicant's signature |
30 | (See § 11-47-23 for penalty for false information on this application) |
31 | (Reverse side of application form) |
32 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 |
33 | -- 11-47-55, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the |
34 | penalties for violation of the provisions of the cited sections. I further certify that I have completed |
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1 | the required basic pistol/revolver safety course. |
2 | Signed |
3 | (over) |
4 | County of |
5 | State of Rhode Island |
6 | Subscribed and sworn before me this ……… day of ……. A.D. 20.. |
7 | Notary Public |
8 | ...................................... |
9 | (2) The person selling the pistol or revolver shall on the date of application sign and forward |
10 | by registered mail, by delivery in person, or by electronic mail if approved by the applicable police |
11 | department, the original and duplicate copies of the application to the chief of police in the city or |
12 | town in which the purchaser has his or her residence or to the superintendent of the Rhode Island |
13 | state police in the instance where the purchaser either resides in the town of Exeter or resides out |
14 | of state. The superintendent of the Rhode Island state police or the chief of police in the city or |
15 | town in which the purchaser has his or her residence shall mark or stamp the original copy of the |
16 | application form with the date and the time of receipt and return it by the most expeditious means |
17 | to the person who is selling the pistol or revolver. The triplicate copy duly signed by the person |
18 | who is selling the pistol or revolver shall within seven (7) days be sent by him or her by registered |
19 | mail, by delivery in person, or by electronic mail to the attorney general. The person who is selling |
20 | the pistol or revolver shall retain the original copy duly receipted by the police authority to whom |
21 | sent or delivered for a period of six (6) years with other records of the sale. It shall be the duty of |
22 | the police authority to whom the duplicate copy of the application form is sent or delivered to make |
23 | a background check of the applicant to ascertain whether he or she falls under the provisions of § |
24 | 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. The police authority making such a background |
25 | check of the applicant may invoice the seller of the pistol or revolver a twenty-five dollar ($25.00) |
26 | fee per non-disqualifying background check. If, after the lapse of seven (7) days from twelve |
27 | o'clock (12:00) noon of the day following application, no disqualifying information has been |
28 | received from the investigating police authority by the person who is selling the pistol or revolver, |
29 | he or she will deliver the firearm applied for to the purchaser. Upon the finding of no disqualifying |
30 | information under the provisions of the above cited sections of this chapter, and in no case later |
31 | than thirty (30) days after the date of application, the duplicate and triplicate copies of the |
32 | application will be destroyed. Retention of the duplicate and triplicate copies in violation of this |
33 | section or any unauthorized use of the information contained in the copies by a person or agency |
34 | shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this |
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1 | section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to |
2 | purchases by retail dealers duly licensed under the provisions of § 11-47-39. |
3 | (b)(1) The department of environmental management shall establish the basic |
4 | pistol/revolver safety course required by this section. The safety course shall consist of not less |
5 | than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the course |
6 | shall be available to buyers continually throughout the year at convenient times and places but at |
7 | least monthly at locations throughout the state, or more frequently as required. Proficiency in the |
8 | use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate. No |
9 | person shall be required to complete the course more than once; provided, that any person |
10 | completing the course who is unable to produce the safety certificate issued by the department of |
11 | environmental management shall be required to take the course again unless the person provides |
12 | evidence to the department that he or she has successfully completed the course. |
13 | (2) The administration of the basic pistol/revolver safety course required by this section |
14 | shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year. |
15 | (c) Proof of passage of the department of environmental management's basic hunter safety |
16 | course will be equivalent to the pistol/revolver safety certificate mandated by this section. |
17 | (d) Any person who has reason to believe that he or she does not need the required handgun |
18 | safety course may apply by any written means to the department of environmental management to |
19 | take an objective test on the subject matter of the handgun safety course. The test shall be prepared, |
20 | as well as an instruction manual upon which the test shall be based, by the department. The manual |
21 | shall be made available by any means to the applicant who may, within the time limits for |
22 | application, take the objective test at the department or at any location where the handgun safety |
23 | course is being given. Any person receiving a passing grade on the test shall be issued a |
24 | pistol/revolver safety certificate by the department. |
25 | (e) [Deleted by P.L. 2005, ch. 20, § 11 and P.L. 2005, ch. 27, § 11.] |
26 | (f) The following persons shall be issued basic pistol/revolver permits by the department |
27 | of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the |
28 | state police, prison or jail wardens or their deputies, members of the city or town police force, |
29 | members of the park police, conservation officers, members of the airport police and officers of the |
30 | United States government authorized by law to carry a concealed firearm and, at the discretion of |
31 | the department of environmental management, any person who can satisfactorily establish that he |
32 | or she formerly held one of these offices or were so authorized. |
33 | (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard |
34 | on active duty shall not be required to obtain a basic pistol/revolver safety certificate or basic |
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1 | pistol/revolver permit under this section so long as he or she remains on active duty. |
2 | (h) Any person who is serving in the active reserve components of the Army, Navy, Air |
3 | Force, Marine Corps, or Coast Guard, or any person in an active duty paid status in the Rhode |
4 | Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate under |
5 | this section so long as he or she remains in active status. |
6 | 11-47-35.2. Sale of rifles/shotguns. |
7 | (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have |
8 | elapsed from twelve o'clock (12:00) noon of the day following the day of application for the |
9 | purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with |
10 | the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the |
11 | United States and/or lawful resident of this state who is eighteen (18) years of age or older, and any |
12 | nonresident member of the armed forces of the United States who is stationed in this state and who |
13 | is eighteen (18) years of age or older, may, upon application, purchase or acquire a rifle or shotgun. |
14 | At the time of applying for the purchase of a shotgun or rifle the purchaser shall complete and sign |
15 | in triplicate and deliver to the seller the application form described in this section, and in no case |
16 | shall it contain the serial number of the rifle or shotgun. |
17 | (Face of application form) |
18 | Application to Purchase Shotgun or Rifle |
19 | Date ………………………………………… Hour ………………………………… A.M. P.M. |
20 | Name |
21 | Address |
22 | (Street and number) (City or town) (State) |
23 | Date of Birth Place of Birth |
24 | Height Weight Color hair |
25 | Color eyes |
26 | Scars |
27 | Tattoos |
28 | Other identifying marks |
29 | Are you a citizen of the United States |
30 | Are you a citizen of Rhode Island |
31 | How long |
32 | Where stationed |
33 | (Armed Forces only) |
34 | Number of rifles and/or shotguns to be purchased |
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1 | Have you ever been convicted of a crime of violence |
2 | (See § 11-47-2 General Laws of Rhode Island) |
3 | Have you ever been adjudicated or under confinement as addicted to a controlled substance |
4 |
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5 | Have you ever been adjudicated or under confinement for alcoholism |
6 |
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7 | Have you ever been confined or treated for mental illness |
8 | From whom is shotgun or rifle being purchased |
9 | Seller's address |
10 | Seller's signature |
11 | Applicant's signature |
12 | (See § 11-47-23 for penalty for false information on this application) |
13 | (Reverse side of application form) |
14 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1 |
15 | -- 11-47-59, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the |
16 | penalties for violation of the provisions of the cited sections. |
17 | Signed |
18 | County of |
19 | State of Rhode Island |
20 | Subscribed and sworn before me this ……… day of ……. A.D. 20.. |
21 | Notary Public |
22 | ...................................... |
23 | (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and |
24 | forward by registered mail or by delivery in person, or by electronic mail if approved by the |
25 | applicable police department, the original and duplicate copies of the application to the chief of |
26 | police in the city or town in which the purchaser has his or her residence or to the superintendent |
27 | of the Rhode Island state police in the instance where the purchaser either resides in the town of |
28 | Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of |
29 | police in the city or town in which the purchaser has his or her residence shall mark or stamp the |
30 | original copy of the application form with the date and time of receipt and return it by the most |
31 | expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7) |
32 | days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the |
33 | attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly |
34 | receipted by the police authority to whom sent or delivered for a period of six (6) years with other |
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1 | records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the |
2 | application form is sent or delivered to make a background check of the applicant to ascertain |
3 | whether he or she falls under the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. The |
4 | police authority making such a background check may invoice the seller of the rifle or shotgun a |
5 | twenty-five dollar ($25.00) fee per non-disqualifying background check. If, after the lapse of seven |
6 | (7) days from twelve o'clock (12:00) noon of the day following application, no disqualifying |
7 | information has been received from the investigating police authority by the person who is selling |
8 | the rifle or shotgun, he or she will deliver the firearm applied for to the purchaser. Upon the finding |
9 | of no disqualifying information under the provisions of the above cited sections of this chapter, and |
10 | in no case later than thirty (30) days after the date of application, the duplicate and triplicate copies |
11 | of the application will be destroyed. Retention of the duplicate and triplicate copies in violation of |
12 | this chapter or any unauthorized use of the information contained in them by a person or agency |
13 | shall be punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this |
14 | section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to |
15 | purchases by retail dealers duly licensed under the provisions of § 11-47-39. |
16 | (c) The provisions of this section shall not apply to full-time members of the state police, |
17 | full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11- |
18 | 47-11, or to sales of air rifles or "BB guns" or to sales of antique firearms as defined in § 11-47-2. |
19 | SECTION 2. This act shall take effect upon passage. |
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LC003561 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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1 | This act would authorize the police authority making a background check of an applicant |
2 | seeking to buy a firearm, to invoice the seller of any pistol, revolver, shotgun or rifle, a twenty-five |
3 | dollar ($25.00) fee per non-disqualifying background check. |
4 | This act would take effect upon passage. |
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LC003561 | |
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