2022 -- S 2523 | |
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LC004852 | |
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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 de la Cruz, Rogers, Paolino, Ciccone, and F Lombardi | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-2, 11-47-8 and 11-47-42 of the General Laws in Chapter 11- |
2 | 47 entitled "Weapons" are hereby amended to read as follows: |
3 | 11-47-2. Definitions. |
4 | When used in this chapter, the following words and phrases are construed as follows: |
5 | (1) "3D printing process" means 3D printing or additive manufacturing which is a process |
6 | of making three (3) dimensional solid objects from a computer file and shall include any of various |
7 | processes in which material is joined or solidified under computer control to create a three (3) |
8 | dimensional object, with material being added together including liquid molecules, or powder |
9 | grains. |
10 | (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C. |
11 | § 921. |
12 | (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic |
13 | weapon and is designed to fire one round on the pull of the trigger and another round upon release |
14 | of the trigger. |
15 | (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard |
16 | stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire |
17 | the weapon. |
18 | (5) "Crime of violence" means and includes any of the following crimes or an attempt to |
19 | commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or |
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1 | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, |
2 | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
3 | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
4 | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- |
5 | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a |
6 | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit |
7 | any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
8 | offense under § 12-29-5. |
9 | (6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB |
10 | gun," or other instrument from which steel or metal projectiles are propelled, or that may readily |
11 | be converted to expel a projectile, except taser, crossbows, recurve, compound, or longbows, and |
12 | except instruments propelling projectiles that are designed or normally used for a primary purpose |
13 | other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under |
14 | the provisions of this section. |
15 | (7) "Fugitive from justice" means any person who has fled from any state, territory, the |
16 | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
17 | or to avoid giving testimony in any criminal proceeding. |
18 | (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial |
19 | number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
20 | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
21 | not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
22 | required to have a serial number in accordance with the federal Gun Control Act of 1968. |
23 | (9) "Licensing authorities" means the board of police commissioners of a city or town |
24 | where the board has been instituted, the chief of police or superintendent of police of other cities |
25 | and towns having a regular organized police force, and, in towns where there is no chief of police |
26 | or superintendent of police, it means the town clerk who may issue licenses upon the |
27 | recommendation of the town sergeant, and it also means any other person or body duly authorized |
28 | by the city or town charter or by state law. |
29 | (10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily |
30 | restored to shoot automatically more than one shot, without manual reloading, by a single function |
31 | of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts |
32 | designed and intended for use in converting a weapon into a machine gun, and any combination of |
33 | parts from which a machine gun can be assembled if the parts are in the possession or under the |
34 | control of a person. |
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1 | (11) "Major component" means, with respect to a firearm: |
2 | (i) The slide or cylinder or the frame or receiver of the firearm; and |
3 | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
4 | (12) "Person" includes an individual, partnership, firm, association, or corporation. |
5 | (13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with |
6 | overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed |
7 | for the use of blank cartridges only. |
8 | (14) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches |
9 | (26") or barrel length of less than sixteen inches (16"). |
10 | (15) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six |
11 | inches (26") or barrel length of less than eighteen inches (18"). |
12 | (16) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, |
13 | accept, and borrow, and "purchasing" shall be construed accordingly. |
14 | (17) "Stun gun" means a battery powered handheld device that transmits an electric charge |
15 | from the device to a person, while touching or applying the device to a person, and is activated by |
16 | a trigger or button. |
17 | (18) "Taser" means a battery powered handheld device that transmits an electrical charge |
18 | from the device to a person, by means of expelling a projectile, darts or other device attached to |
19 | electric wires which strike or attach to a person, and is activated by a trigger or button. |
20 | (17)(19) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi- |
21 | automatic weapon and causes the weapon to fire by turning the crank handle. |
22 | (18)(20) "Undetectable firearm" means any firearm that: |
23 | (i) After removal of all parts, other than a major component, is not as detectable by walk- |
24 | through metal detectors commonly used at airports or other public buildings; or |
25 | (ii) Any major component of which, if subjected to inspection by the types of detection |
26 | devices commonly used at airports or other public buildings for security screening, would not |
27 | generate an image that accurately depicts the shape of the component; or |
28 | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
29 | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
30 | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
31 | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
32 | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
33 | 11-47-8. License or permit required for carrying pistol -- Other weapons prohibited |
34 | License or permit required for carrying pistol, stun gun or taser -- Possession of machine gun. |
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1 | (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47- |
2 | 12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her |
3 | person whether visible or concealed, except in his or her dwelling house or place of business or on |
4 | land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these |
5 | sections shall not apply to any person who is the holder of a valid license or permit issued by the |
6 | licensing authority of another state, or territory of the United States, or political subdivision of the |
7 | state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or |
8 | on or about his or her person whether visible or concealed, provided the person is merely |
9 | transporting the firearm through the state in a vehicle or other conveyance without any intent on |
10 | the part of the person to detain him or herself or remain within the state of Rhode Island. No person |
11 | shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this |
12 | chapter. Every person violating the provision of this section shall, upon conviction, be punished by |
13 | imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand |
14 | dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded |
15 | the provisions of suspension or deferment of sentence, nor a probation. |
16 | (b) No person shall have in his or her possession or under his or her control any sawed-off |
17 | shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this |
18 | subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five |
19 | thousand dollars ($5,000), or both. |
20 | (c) No person shall have in his or her possession or under his or her control any firearm, |
21 | stun gun or taser while the person delivers, possesses with intent to deliver, or manufactures a |
22 | controlled substance. Any person convicted of violating this subsection shall be punished by |
23 | imprisonment for not less than two (2) years nor more than twenty (20) years, and the sentence |
24 | shall be consecutive to any sentence the person may receive for the delivery, possession with intent |
25 | to deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of |
26 | this subsection that a person has a license or permit to carry or possess a firearm. |
27 | (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger |
28 | crank, or any other device that when attached to a semi-automatic weapon allows full-automatic |
29 | fire. Individuals who possess these items shall have ninety (90) days from the enactment of this |
30 | section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every |
31 | person violating the provisions of this section shall, upon conviction, be punished by imprisonment |
32 | for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), |
33 | or both, and, except for a first conviction under this section, shall not be afforded the provisions of |
34 | suspension or deferment of sentence, nor a probation. |
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1 | (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have |
2 | under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D |
3 | printing process. Any person convicted of violating this subsection shall be punished by |
4 | imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or |
5 | both and except for a first conviction under this section shall not be afforded the provisions of |
6 | suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to |
7 | federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives |
8 | (ATF) regulations. |
9 | (f) No license or permit shall be required to carry a taser or stun gun, concealed on their |
10 | person, by any person eighteen (18) years or older for self-defense and all other legal purposes. |
11 | Any person carrying a taser or stun gun pursuant to this section, shall be lawfully entitled to use it |
12 | in self-defense when they have a reasonable belief that another person is about to inflict personal |
13 | bodily injury or harm to themselves or another party. Any person carrying a taser or stun gun does |
14 | not have a duty to retreat before utilizing the taser or stun gun in self-defense. |
15 | 11-47-42. Weapons other than firearms prohibited. |
16 | (a)(1) No person shall carry or possess or attempt to use against another any instrument or |
17 | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal |
18 | knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons. |
19 | (2) No person shall with intent to use unlawfully against another, carry or possess a |
20 | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to |
21 | cut and stab another. |
22 | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned |
23 | instruments or weapons, or any razor, or knife of any description having a blade of more than three |
24 | (3) inches in length measuring from the end of the handle where the blade is attached to the end of |
25 | the blade, or other weapon of like kind or description. |
26 | Any person violating the provisions of these subsections shall be punished by a fine of not |
27 | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, |
28 | and the weapon so found shall be confiscated. |
29 | Any person violating the provisions of these subsections while he or she is incarcerated |
30 | within the confines of the adult correctional institutions shall be punished by a fine of not less than |
31 | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment |
32 | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be |
33 | confiscated. |
34 | (b) No person shall sell to a person under eighteen (18) years of age, without the written |
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1 | authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill, |
2 | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung- |
3 | fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description |
4 | having a blade of more than three inches (3") in length as described in subsection (a) of this section, |
5 | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly |
6 | known as a Chinese throwing star, except that an individual who is actually engaged in the |
7 | instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged |
8 | star with sharpened edges for the sole purpose of instructional use. Any person violating the |
9 | provisions of this subsection shall be punished by a fine of not less than one thousand dollars |
10 | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one |
11 | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. |
12 | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
13 | by adding thereto the following section: |
14 | 11-47-8.2. Purchase, possession, sale or use of stun gun or taser. |
15 | (a) Any person eighteen (18) years of age or over may purchase or possess a stun gun or |
16 | taser. |
17 | (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun or taser to |
18 | a person who is less than eighteen (18) years of age. Any person convicted of violating the |
19 | provisions of this subsection shall be guilty of a felony and may be punished by imprisonment for |
20 | not less than one year nor more than five (5) years. |
21 | (c) No person shall use or attempt to use a stun gun or taser in the commission of a crime. |
22 | Any person convicted of violating the provisions of this subsection shall be guilty of a felony and |
23 | may be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment for not more |
24 | than ten (10) years, or both. |
25 | (d) No person shall use or attempt to use a stun gun or taser on a police officer who is |
26 | engaged in the performance of his or her duty. Any person convicted of violating the provisions of |
27 | this subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand |
28 | dollars ($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence |
29 | imposed upon a person pursuant to this subsection shall be imposed consecutively to and not |
30 | concurrently with any sentence imposed for the underlying crime or attempted crime, and the |
31 | person shall not be afforded the benefits of suspension or deferment of sentence. |
32 | SECTION 3. This act shall take effect upon passage. |
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LC004852 | |
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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 add definitions of taser and stun gun to § 11-47-2 and provide that any |
2 | person over the age of eighteen (18) is permitted to carry a taser or stun gun without a license and |
3 | may use it in self defense if they have a reasonable belief that they are in fear of imminent bodily |
4 | harm. |
5 | This act would take effect upon passage. |
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LC004852 | |
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