2022 -- S 2543 | |
======== | |
LC004826 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
| |
Introduced By: Senators Rogers, de la Cruz, Paolino, and Lombardo | |
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, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in |
2 | Chapter 11-47 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 |
| |
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 crossbows, recurve, compound, or longbows, and except |
12 | instruments propelling projectiles that are designed or normally used for a primary purpose other |
13 | than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the |
14 | 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. |
| LC004826 - Page 2 of 19 |
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) "Suitable person" means any person who is not prohibited by state law from possessing |
15 | a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and |
16 | convincing evidence that the person is a clear and present danger to himself or herself, or to another |
17 | person. Any person may be considered unsuitable if the law enforcement agency doing the |
18 | background check or the department of attorney general has evidence which supports a good faith |
19 | belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). |
20 | (17)(18) "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)(19) "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 | 11-47-11. License or permit to carry concealed pistol or revolver. |
34 | (a) The licensing authorities of any city or town shall, upon application of any person |
| LC004826 - Page 3 of 19 |
1 | twenty-one (21) years of age or over having a bona fide residence or place of business within the |
2 | city or town, or of any person twenty-one (21) years of age or over having a bona fide residence |
3 | within the United States and a license or permit to carry a pistol or revolver concealed upon his or |
4 | her person issued by the authorities of any other state or subdivision of the United States, issue a |
5 | license or permit to the person to carry concealed upon his or her person a pistol or revolver |
6 | everywhere within this state for four (4) years from date of issue, if it appears that the applicant has |
7 | good reason to fear an injury to his or her person or property or has any other proper lawful reason |
8 | for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to |
9 | the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and |
10 | lawful reason. |
11 | (1) The license or permit shall be in triplicate in form to be prescribed by the attorney |
12 | general and shall bear the fingerprint, photograph, name, address, description, and signature of the |
13 | licensee and the reason given for desiring a license or permit and in no case shall it contain the |
14 | serial number of any firearm. The original shall be delivered to the licensee. |
15 | (2) The licensing authority shall retain a copy of the permit for its records and send a second |
16 | copy to the department of attorney general. All permits issued or renewed pursuant to this section |
17 | shall be recorded in the Rhode Island criminal history database, or its successor system. |
18 | (3) Any member of the licensing authority, its agents, servants, and employees shall be |
19 | immune from suit in any action, civil or criminal, based upon any official act or decision, performed |
20 | or made in good faith in issuing a license or permit under this chapter. |
21 | (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
22 | Island, the licensing authority of any city or town shall not provide or release to any individual, |
23 | firm, association or corporation the name, address, or date of birth of any person who has held or |
24 | currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be |
25 | construed to prohibit the release of any statistical data of a general nature relative to age, gender |
26 | and racial or ethnic background nor shall it be construed to prevent the release of information to |
27 | parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal |
28 | or civil action which the person is a party to that action. |
29 | (c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete |
30 | application to the applicant along with a written explanation, stating with specificity, why the |
31 | application is incomplete. |
32 | (d) The licensing authority shall approve or deny a complete application within ninety (90) |
33 | calendar days of receiving it. |
34 | (1) Within seven (7) business days after approval, the license shall be made available for |
| LC004826 - Page 4 of 19 |
1 | the applicant to pick up in person or, at the request and expense of the applicant be delivered by |
2 | mail. |
3 | (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon |
4 | which the licensing authority based its decision on and the rationale for the denial. |
5 | (3) Failure by the licensing authority to approve or deny within the time allowed shall |
6 | constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other |
7 | purpose, and shall create a presumption that no evidence exists indicating that the applicant is |
8 | unsuitable. |
9 | (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, |
10 | or has been expired for less than six (6) months. Any person whose permit has been expired for six |
11 | (6) months or more may apply for a new permit under this section. |
12 | (f) Each licensing authority shall make its application available to any person by: |
13 | (1) Posting it on its website, if it has one; and |
14 | (2) Making it immediately available, free of charge, to any person who requests it; and |
15 | (3) Upon request, providing a copy by regular mail using the United States postal service. |
16 | (g) All applications shall require two (2) forms of identification, such as a driver’s license, |
17 | state issued non-driver identification card, concealed carry permit issued by any state or political |
18 | subdivision of any state, passport, immigration documentation, military identification, student |
19 | identification, social security card or a birth certificate. At least one of these must be a government |
20 | issued photo identification. |
21 | (1) The licensing authority may only use the applicant’s social security number for the |
22 | background check. |
23 | (h) All applications shall include a federal bureau of investigation (FBI) fingerprint card |
24 | (FD-258), or successor version, or provide fingerprints by live-scan, with the application, except |
25 | that this shall not be a requirement for a renewal applicant. |
26 | (i) All applications shall include a copy of the instructor’s credentials for the instructor who |
27 | certified their firing score on their application. |
28 | (j) All licensing authorities of a city or town shall use the following application: |
29 | Application for a concealed carry license pursuant to RIGL § 11-47-11 |
30 | Name: __________________________________________________________________ |
31 | Address:________________________________________________________________ |
32 | (Street and number) (City or town) (State) (ZIP) |
33 | Date of Birth: _________________ Place of Birth_____________________ |
34 | Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ |
| LC004826 - Page 5 of 19 |
1 | Are you a citizen of the United States?_____________________ |
2 | If you are not a US citizen, please list your admission/INS number: ____________ |
3 | ARMY L or RI COMBAT COURSE shooting score: ______________________ |
4 | Name and certification number of NRA or RI instructor: _____________________ |
5 | Signature of instructor: |
6 | __________________________________________________________ |
7 | Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ |
8 | Are you a fugitive from justice (Pursuant to §11-47-2)?______________________ |
9 | Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to |
10 | §11-47-6)? __________________________ |
11 | Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)? |
12 | _______ |
13 | Have you been dishonorably discharged from the United States Military? _______ |
14 | To your knowledge, are you prohibited by federal or state law from possessing a firearm? |
15 | __________ |
16 | For what lawful purpose do you seek to carry a pistol or revolver? |
17 | ______________________________________________________________ |
18 | Applicant's signature: |
19 | ______________________________________________________________ |
20 | (See §11-47-23 for penalty for false information provided on this application) |
21 | AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms |
22 | Act, Chapter 11-47, of the general laws of the State of Rhode Island and that I am aware of the |
23 | penalties for violation of the provisions of the cited sections. |
24 | Signed before me under penalties of perjury by____________________, known to me |
25 | personally or_did present a valid photo identification card which |
26 | was_________________________ |
27 | County of _________________ |
28 | State of Rhode |
29 | Subscribed and sworn before me this ____ of ________________, 20____ |
30 | Notary Public |
31 | Notary Public number:________________ |
32 | (k) No licensing authority shall require any additional forms, standards, information, |
33 | waivers or other additional requirements unless specifically requested by, or provided by, the |
34 | applicant. |
| LC004826 - Page 6 of 19 |
1 | (l) The licensing authority shall establish and maintain an emergency permit extension on |
2 | the renewal application for a license to carry a concealable weapon. |
3 | (1) The emergency permit extension is only available to renewal applicants who, at the |
4 | time of the application, have an unexpired four (4) year city or town issued license to carry a |
5 | concealable weapon and who must maintain this license for work purposes. |
6 | (2) A complete renewal application must be delivered to the licensing authority prior to the |
7 | license expiration date. |
8 | (3) The licensing authority shall, within three (3) business days of receipt of the renewal |
9 | application if there is no material change in the renewal application, no material change in need |
10 | and no change in applicant’s criminal history, automatically approve and make available the |
11 | emergency permit. |
12 | (4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency |
13 | permit extension upon the issuance of the emergency permit. |
14 | (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days |
15 | only. |
16 | (6) Nothing in the emergency permit extension section shall be construed or interpreted to |
17 | stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. |
18 | 11-47-12. License or permit fee. |
19 | A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or |
20 | permit to the licensing authority issuing it or the department of attorney general upon issuance. No |
21 | additional fees or costs of any type shall be charged or assessed for any reason, except, that the |
22 | applicant may be assessed the actual cost charged by the FBI to process their fingerprints. Every |
23 | license or permit shall be valid for four (4) years from the date when issued unless sooner revoked, |
24 | subject to the emergency permit provisions contained in § 11-47-11. The fee charged for issuing of |
25 | the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode |
26 | Island the department of attorney general. |
27 | 11-47-18. License or permit issued by attorney general on showing of need -- Issuance |
28 | to retired police officers. |
29 | (a) The attorney general may shall issue a license or permit to any person twenty-one (21) |
30 | years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person |
31 | everywhere within this state for four (4) years from the date of issue upon a proper showing of |
32 | need, or the applicant has good reason to fear an injury their person or property, or for employment, |
33 | and that they are a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and |
34 | 11-47-15; that license or permit may be issued notwithstanding the provisions of § 11-47-7. |
| LC004826 - Page 7 of 19 |
1 | (1) No licensing authority shall issue a license to carry a concealed permit to any person in |
2 | violation of § 11-47-7 and any license or permit issued shall immediately be revoked. |
3 | (b) All state police officers and permanent members of city and town police forces of this |
4 | state who have retired in good standing after at least twenty (20) years of service, or retired in good |
5 | standing due to a physical disability other than a psychological impairment, may shall be issued a |
6 | license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. |
7 | The term "in good standing" means that at the time of retirement, the police officer was not facing |
8 | disciplinary action that could have resulted in his or her termination for misconduct or unfitness for |
9 | office. Any member of the licensing authority, and its agents, servants, and employees shall be |
10 | immune from suit in any action, civil or criminal, based upon any official act or decision, performed |
11 | or made in good faith in issuing and/or denying a license or permit under this chapter. |
12 | (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode |
13 | Island, the attorney general shall not provide or release to any individual, firm, association or |
14 | corporation the name, address, or date of birth of any person who has held or currently holds a |
15 | license or permit to carry a concealed pistol or revolver. This section shall not be construed to |
16 | prohibit the release of any statistical data of a general nature relative to age, gender and racial or |
17 | ethnic background nor shall it be construed to prevent the release of information to parties involved |
18 | in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action |
19 | which said person is a party to such action. |
20 | (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, |
21 | or has been expired for less than six (6) months. Any person whose permit has been expired for six |
22 | (6) months or more may apply for a new permit under this section. |
23 | (e) The attorney general’s application for a license to carry a pistol or revolver shall be |
24 | filled out completely by the applicant, dated and signed by the applicant and notarized. |
25 | (f) The attorney general may request only the following information on the application: |
26 | (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full |
27 | residence address and mailing address if different from the applicant’s residence. No post office |
28 | box addresses may be used for a mailing address. |
29 | (2) All applicant’s available phone numbers, including, but not limited to, business, |
30 | cellular, mobile and land line phone numbers. |
31 | (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social |
32 | security number. |
33 | (4) If the permit is being sought as a condition of employment, the applicant’s occupation, |
34 | job description, years of employment and employer’s address and contact information. |
| LC004826 - Page 8 of 19 |
1 | (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen |
2 | of the United States, a copy of both sides of a current and valid alien registration card or work |
3 | authorization card. |
4 | (6) A listing of all of the applicant’s address for the last three (3) years, including the full |
5 | address with dates of residence. |
6 | (7) Information relating to the applicants arrest record, including, but not limited to, the |
7 | date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest |
8 | occurred in, the arresting charge and disposition. |
9 | (8) Information relating to the applicants plea of nolo contendere to any charge or violation, |
10 | including, but not limited to, the date the applicant was arrested, the name of the city/town or |
11 | arresting agency, the state the plea occurred in, the arresting charge and disposition. |
12 | (9) Information relating to the applicants conviction record, including, but not limited to, |
13 | the date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest |
14 | occurred in, the arresting charge and disposition. |
15 | (10) Information relating to the applicants indictment in any court for a crime punishable |
16 | for more than one year, including, but not limited to, the name of the city/town or indicting agency, |
17 | the state of the indictment, the indicting charge and disposition. |
18 | (11) Information relating to the applicant if he/she was ever under a guardianship or been |
19 | subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is |
20 | under treatment or confinement as a drug addict, including, but not limited to, the dates thereof. |
21 | (12) Information relating to the applicant’s current and prior applications for a permit to |
22 | carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any |
23 | other state, including, but not limited to, if any permit is active, denied or revoked, with the dates |
24 | and reasons thereof. The attorney general may require notarized photocopies of the front and back |
25 | of all valid permits. |
26 | (13) All non-resident applicants must include a copy of both the front and the back of their |
27 | home state permit, if they have one. |
28 | (g) The attorney general may require only the following with the application from an out- |
29 | of-state applicant: |
30 | (1) A dated, signed and notarized typed statement from the applicant outlining the |
31 | applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the |
32 | permit is to be used for employment, a typed and signed letter of explanation must be submitted on |
33 | the applicant’s employer’s letterhead and included with the application. In addition, the applicant |
34 | must submit a copy of the business license or other such evidence that the business exists. |
| LC004826 - Page 9 of 19 |
1 | (2) The applicant shall enclose two (2) 1” X 1” pictures of the applicant taken without |
2 | headgear or glasses. This photo must be a clear, colored picture of the head and face. The applicant |
3 | must print their name on the back of each picture. No laminated photos will be accepted. |
4 | (3) Copies of both the front and the back of two (2) types of positive identification for the |
5 | applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode |
6 | Island or other state driver’s license or a Rhode Island identification card, concealed carry permit |
7 | issued by any state or political subdivision of any state, military identification, student identification |
8 | or social security card. At least one of these must be a government issued photo identification. The |
9 | photocopies submitted must be signed and dated by a notary public attesting to the photocopies as |
10 | being true copies. |
11 | (i) The licensing authority may only use the applicant’s social security number for the |
12 | background check. |
13 | (4) The application must include the applicant’s full set of fingerprints submitted on a FBI |
14 | fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the |
15 | application. The fingerprint card must be signed by the applicant. Submission of fingerprints shall |
16 | not be necessary for a renewal application |
17 | (5) Three (3) dated, signed and notarized typed reference letters from individuals who |
18 | personally know the applicant. The individuals used as references must include on the letters the |
19 | following information: their full names, residence address, phone number with area code and the |
20 | years they have known the applicant. An applicant’s reference letter dated more than one hundred |
21 | twenty days (120) prior to the date of the permit application will be considered invalid. Reference |
22 | letters must be written by the reference, not the applicant, and cannot be identical. Submission of |
23 | letters of reference shall not be necessary for a renewal application. |
24 | (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law |
25 | enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A. |
26 | instructor or a police range officer must sign and complete the certification which shall include the |
27 | date of the qualification, the printed name, phone number of the instructor, instructor N.R.A. |
28 | number, the caliber of the weapon and the applicant’s score. An applicant’s qualification |
29 | certification dated more than one year prior to the date of the permit application will be considered |
30 | invalid. |
31 | (7) A copy of the N.R.A. instructor certification and/or the police officer’s range |
32 | certification must be submitted with the application. |
33 | (8) The applicant’s legal residence may be required. The residency requirement may be |
34 | satisfied by any one of the following methods: the application may be signed by the applicant’s |
| LC004826 - Page 10 of 19 |
1 | local licensing authority; the application may be signed by the city or town chief of police; the |
2 | application may be signed by the city or town clerk; or the applicant may submit a certified or |
3 | notarized copy the applicant’s voter registration card. |
4 | (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar |
5 | with the provision of the firearms act, §§ 11-47-1 through 11-47-64, inclusive, as amended, and |
6 | acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall |
7 | further attest that any alteration of the permit is just cause for revocation. The affidavit shall be |
8 | dated and notarized and shall indicate the date it was submitted to the licensing authority or the |
9 | police department. |
10 | (h) The attorney general shall, within ninety (90) days for an in-state applicant or one |
11 | hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application |
12 | either approve or deny the application. |
13 | (1) If the application is approved, the attorney general may require the applicant to appear |
14 | at the department of attorney general to sign and submit a fingerprint card for the permit. |
15 | (2) If the attorney general denies the application, the applicant shall be notified, either by |
16 | mail or by phone, that the entire application is available for pick-up by the applicant. Any denial |
17 | shall be in writing and state with specificity the reason(s) and evidence upon which the denial was |
18 | based and the rationale for the denial. |
19 | (3) If the attorney general deems the application incomplete, then the applicant shall be |
20 | notified, either by mail or by phone, within five (5) business days from submitting the application, |
21 | that the entire application is available for pick-up by the applicant along with a written response |
22 | stating the reason(s) why the application was deemed incomplete. |
23 | (i) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under |
24 | § 11-47-18. |
25 | (j) The attorney general’s renewal application for a license to carry a pistol or revolver shall |
26 | require the following: |
27 | (1) The applicant must submit a fully complete, signed, dated and notarized renewal |
28 | application to the attorney general prior to the expiration date of the permit. |
29 | (2) The renewal application shall include only the information included in subsection (d)(1) |
30 | of this section and shall only contain the requirements included in subsection (d)(2) of this section, |
31 | with the following exceptions: |
32 | (i) The three (3) dated, signed and notarized typed reference letters from individuals who |
33 | personally know the applicant are not required upon renewal. |
34 | (ii) The fingerprint card requirement is not required upon renewal. |
| LC004826 - Page 11 of 19 |
1 | (3) The attorney general shall, within sixty (60) days of receipt of the renewal application, |
2 | if there is no material change in the applicant’s renewal application, no material change in need and |
3 | no change in the applicant’s criminal history, automatically approve the renewal application. |
4 | (k) The attorney general shall establish and maintain an emergency permit extension on the |
5 | renewal application for a license to carry a pistol or revolver. |
6 | (1) The emergency permit extension is only available to renewal applicants who, at the |
7 | time of the application, have an unexpired four (4) year attorney general license to carry a pistol or |
8 | revolver and who must maintain this license for work purposes. |
9 | (2) A complete renewal application must be delivered to the department of attorney general |
10 | prior to the license expiration date. |
11 | (3) The attorney general shall, within three (3) business days of receipt of the renewal |
12 | application, if there is no material change in the applicant’s renewal application, no material change |
13 | in need and no change in applicant’s criminal history, automatically approve and make available |
14 | the emergency permit. |
15 | (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency |
16 | permit extension upon the issuance of the emergency permit. |
17 | (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days |
18 | only. |
19 | (6) Nothing in the emergency permit extension section shall be construed or interpreted to |
20 | stay or toll the time periods in the renewal process as outlined in section (e) of this section. |
21 | SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
22 | by adding thereto the following section: |
23 | 11-47-64. Review and appeal of the decision of the licensing authority or attorney |
24 | general. |
25 | (a) A decision denying a firearms permit pursuant to either § 11-47-11 or § 11-47-18 shall |
26 | be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the |
27 | decision has been mailed to the applicant at the address listed on the application. |
28 | (b) An aggrieved individual may submit a written request to reconsider the denial to the |
29 | licensing authority or the department of attorney general. Any request for reconsideration must be |
30 | submitted within fifteen (15) days after the decision has been mailed to the address provided by the |
31 | applicant. |
32 | (1) The licensing authority or the department of attorney general shall schedule and conduct |
33 | an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said |
34 | meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by |
| LC004826 - Page 12 of 19 |
1 | agreement of the parties and/or for good cause, but in no event exceed sixty (60) days. |
2 | (2) The applicant may submit any supplemental documentation or written evidence relative |
3 | to the application, which shall become part of the application. |
4 | (3) The meeting shall be conducted as an informal meeting, not as an administrative |
5 | hearing. The licensing authority or the department of attorney general shall receive and consider |
6 | documents and other evidence without regard to statutory and common law rules. No stenographic |
7 | record, transcription, video, audio or other recording shall be allowed. |
8 | (4) The applicant may be represented by an attorney during the appeal process. |
9 | (5) The licensing authority or the department of attorney general shall within fourteen (14) |
10 | days after the meeting mail a decision to the applicant granting or denying the application. Any |
11 | denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial |
12 | was based and the rationale for the denial. |
13 | (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit |
14 | pursuant to the decision of the request to reconsider to the superior court of the State of Rhode |
15 | Island for the county in which the licensing authority or attorney general is located, in the form of |
16 | a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant |
17 | at the address listed on the application. |
18 | (1) The petition for review shall state the grounds upon which review is sought but need |
19 | not be verified. |
20 | (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior |
21 | court without a jury. |
22 | (3) Within thirty (30) days of the filing of the notice of appeal the licensing authority or |
23 | attorney general shall provide a full, complete and certified copy of the application and all |
24 | submitted documents to both the petitioner and the superior court. |
25 | (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior |
26 | court, shall not be deemed public. All documents, records and proceedings before the licensing |
27 | authority, the department of attorney general and the superior court are not open to the public but |
28 | may be accessed by law enforcement personnel to be used for law enforcement purposes related to |
29 | the appeal only and shall otherwise remain confidential. |
30 | (e) An applicant may have their hearing open to the public upon written request to the |
31 | superior court. |
32 | (f) The superior court shall award reasonable attorney fees, costs and filing fees to the |
33 | prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the |
34 | prevailing applicant if the licensing authority or the department of attorney general did not have a |
| LC004826 - Page 13 of 19 |
1 | good faith basis in the denial of the license or permit. |
2 | SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public |
3 | Records" is hereby amended to read as follows: |
4 | 38-2-2. Definitions. |
5 | As used in this chapter: |
6 | (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or |
7 | administrative body of the state, or any political subdivision thereof; including, but not limited to: |
8 | any department, division, agency, commission, board, office, bureau, authority; any school, fire, or |
9 | water district, or other agency of Rhode Island state or local government that exercises |
10 | governmental functions; any authority as defined in § 42-35-1(b); or any other public or private |
11 | agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of |
12 | any public agency. |
13 | (2) "Chief administrative officer" means the highest authority of the public body. |
14 | (3) "Public business" means any matter over which the public body has supervision, |
15 | control, jurisdiction, or advisory power. |
16 | (4) "Public record" or "public records" shall mean all documents, papers, letters, maps, |
17 | books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data |
18 | processing records, computer stored data (including electronic mail messages, except specifically |
19 | for any electronic mail messages of or to elected officials with or relating to those they represent |
20 | and correspondence of or to elected officials in their official capacities), or other material regardless |
21 | of physical form or characteristics made or received pursuant to law or ordinance or in connection |
22 | with the transaction of official business by any agency. For the purposes of this chapter, the |
23 | following records shall not be deemed public: |
24 | (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient |
25 | relationship, including all medical information relating to an individual in any files. |
26 | (b) Personnel and other personal individually identifiable records otherwise deemed |
27 | confidential by federal or state law or regulation, or the disclosure of which would constitute a |
28 | clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, |
29 | however, with respect to employees, and employees of contractors and subcontractors working on |
30 | public works projects that are required to be listed as certified payrolls, the name, gross salary, |
31 | salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other |
32 | remuneration in addition to salary, job title, job description, dates of employment and positions |
33 | held with the state, municipality, or public works contractor or subcontractor on public works |
34 | projects, employment contract, work location, and/or project, business telephone number, the city |
| LC004826 - Page 14 of 19 |
1 | or town of residence, and date of termination shall be public. For the purposes of this section |
2 | "remuneration" shall include any payments received by an employee as a result of termination, or |
3 | otherwise leaving employment, including, but not limited to, payments for accrued sick and/or |
4 | vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For |
5 | purposes of this section, the city or town residence shall not be deemed public for peace officers, |
6 | as defined in § 12-7-21, and shall not be released. |
7 | (II) Notwithstanding the provisions of this section, or any other provision of the general |
8 | laws to the contrary, the pension records of all persons who are either current or retired members |
9 | of any public retirement systems, as well as all persons who become members of those retirement |
10 | systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this |
11 | section, shall include all records containing information concerning pension and retirement benefits |
12 | of current and retired members of the retirement systems and future members of said systems, |
13 | including all records concerning retirement credits purchased and the ability of any member of the |
14 | retirement system to purchase retirement credits, but excluding all information regarding the |
15 | medical condition of any person and all information identifying the member's designated |
16 | beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries |
17 | have received or are receiving pension and/or retirement benefits through the retirement system. |
18 | (B) Trade secrets and commercial or financial information obtained from a person, firm, |
19 | or corporation that is of a privileged or confidential nature. |
20 | (C) Child custody and adoption records, records of illegitimate births, and records of |
21 | juvenile proceedings before the family court. |
22 | (D) All records maintained by law enforcement agencies for criminal law enforcement and |
23 | all records relating to the detection and investigation of crime, including those maintained on any |
24 | individual or compiled in the course of a criminal investigation by any law enforcement agency. |
25 | Provided, however, such records shall not be deemed public only to the extent that the disclosure |
26 | of the records or information (a) Could reasonably be expected to interfere with investigations of |
27 | criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair |
28 | trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted |
29 | invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a |
30 | confidential source, including a state, local, or foreign agency or authority, or any private institution |
31 | that furnished information on a confidential basis, or the information furnished by a confidential |
32 | source; (e) Would disclose techniques and procedures for law enforcement investigations or |
33 | prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or |
34 | (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records |
| LC004826 - Page 15 of 19 |
1 | relating to management and direction of a law enforcement agency and records or reports reflecting |
2 | the initial arrest of an adult and the charge or charges brought against an adult shall be public. |
3 | (E) Any records that would not be available by law or rule of court to an opposing party in |
4 | litigation. |
5 | (F) Scientific and technological secrets and the security plans of military and law |
6 | enforcement agencies, the disclosure of which would endanger the public welfare and security. |
7 | (G) Any records that disclose the identity of the contributor of a bona fide and lawful |
8 | charitable contribution to the public body whenever public anonymity has been requested of the |
9 | public body with respect to the contribution by the contributor. |
10 | (H) Reports and statements of strategy or negotiation involving labor negotiations or |
11 | collective bargaining. |
12 | (I) Reports and statements of strategy or negotiation with respect to the investment or |
13 | borrowing of public funds, until such time as those transactions are entered into. |
14 | (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant |
15 | to chapter 46 of title 42. |
16 | (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work |
17 | products, including those involving research at state institutions of higher education on commercial, |
18 | scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, |
19 | however, any documents submitted at a public meeting of a public body shall be deemed public. |
20 | (L) Test questions, scoring keys, and other examination data used to administer a licensing |
21 | examination, examination for employment or promotion, or academic examinations; provided, |
22 | however, that a person shall have the right to review the results of his or her examination. |
23 | (M) Correspondence of or to elected officials with or relating to those they represent and |
24 | correspondence of or to elected officials in their official capacities. |
25 | (N) The contents of real estate appraisals, engineering, or feasibility estimates and |
26 | evaluations made for or by an agency relative to the acquisition of property or to prospective public |
27 | supply and construction contracts, until such time as all of the property has been acquired or all |
28 | proceedings or transactions have been terminated or abandoned; provided the law of eminent |
29 | domain shall not be affected by this provision. |
30 | (O) All tax returns. |
31 | (P) All investigatory records of public bodies, with the exception of law enforcement |
32 | agencies, pertaining to possible violations of statute, rule, or regulation other than records of final |
33 | actions taken, provided that all records prior to formal notification of violations or noncompliance |
34 | shall not be deemed to be public. |
| LC004826 - Page 16 of 19 |
1 | (Q) Records of individual test scores on professional certification and licensing |
2 | examinations; provided, however, that a person shall have the right to review the results of his or |
3 | her examination. |
4 | (R) Requests for advisory opinions until such time as the public body issues its opinion. |
5 | (S) Records, reports, opinions, information, and statements required to be kept confidential |
6 | by federal law or regulation or state law or rule of court. |
7 | (T) Judicial bodies are included in the definition only in respect to their administrative |
8 | function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt |
9 | from the operation of this chapter. |
10 | (U) Library records that, by themselves or when examined with other public records, would |
11 | reveal the identity of the library user requesting, checking out, or using any library materials. |
12 | (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing |
13 | or speech impaired. |
14 | (W) All records received by the insurance division of the department of business regulation |
15 | from other states, either directly or through the National Association of Insurance Commissioners, |
16 | if those records are accorded confidential treatment in that state. Nothing contained in this title or |
17 | any other provision of law shall prevent or be construed as prohibiting the commissioner of |
18 | insurance from disclosing otherwise confidential information to the insurance department of this |
19 | or any other state or country, at any time, so long as the agency or office receiving the records |
20 | agrees in writing to hold it confidential in a manner consistent with the laws of this state. |
21 | (X) Credit card account numbers in the possession of state or local government are |
22 | confidential and shall not be deemed public records. |
23 | (Y) Any documentary material, answers to written interrogatories, or oral testimony |
24 | provided under any subpoena issued under § 9-1.1-6. |
25 | (Z) Any individually identifiable evaluations of public school employees made pursuant to |
26 | state or federal law or regulation. |
27 | (AA) All documents prepared by school districts intended to be used by school districts in |
28 | protecting the safety of their students from potential and actual threats. |
29 | (BB) All documents, records and any records of proceedings generated pursuant to any |
30 | appeal brought under § 11-47-64, before a licensing authority, the department of attorney general |
31 | or the superior court. |
| LC004826 - Page 17 of 19 |
1 | SECTION 4. This act shall take effect upon passage. |
======== | |
LC004826 | |
======== | |
| LC004826 - Page 18 of 19 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
*** | |
1 | This act would define suitable person for purposes of possessing and having a concealed |
2 | carry pistol permit, would establish reasons for applying for a carry permit for both in-state and |
3 | out-of-state residents, would establish what information is required on applications for carry |
4 | permits, establish an appeal process when an application is denied and provides that records relating |
5 | to carry permits and appeals is not a public record. |
6 | This act would take effect upon passage. |
======== | |
LC004826 | |
======== | |
| LC004826 - Page 19 of 19 |