2022 -- S 2543

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LC004826

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     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:

     SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in

Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

     11-47-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "3D printing process" means 3D printing or additive manufacturing which is a process

of making three (3) dimensional solid objects from a computer file and shall include any of various

processes in which material is joined or solidified under computer control to create a three (3)

dimensional object, with material being added together including liquid molecules, or powder

grains.

     (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

§ 921.

     (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic

weapon and is designed to fire one round on the pull of the trigger and another round upon release

of the trigger.

     (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard

stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire

the weapon.

     (5) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or

second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-

28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit

any offense punishable as a felony; upon any conviction of an offense punishable as a felony

offense under § 12-29-5.

     (6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB

gun," or other instrument from which steel or metal projectiles are propelled, or that may readily

be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except

instruments propelling projectiles that are designed or normally used for a primary purpose other

than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the

provisions of this section.

     (7) "Fugitive from justice" means any person who has fled from any state, territory, the

District of Columbia, or possession of the United States to avoid prosecution for a crime of violence

or to avoid giving testimony in any criminal proceeding.

     (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,

maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does

not include a firearm that has been rendered permanently inoperable, or a firearm that is not

required to have a serial number in accordance with the federal Gun Control Act of 1968.

     (9) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

     (10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily

restored to shoot automatically more than one shot, without manual reloading, by a single function

of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts

designed and intended for use in converting a weapon into a machine gun, and any combination of

parts from which a machine gun can be assembled if the parts are in the possession or under the

control of a person.

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     (11) "Major component" means, with respect to a firearm:

     (i) The slide or cylinder or the frame or receiver of the firearm; and

     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

     (12) "Person" includes an individual, partnership, firm, association, or corporation.

     (13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with

overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed

for the use of blank cartridges only.

     (14) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

(26") or barrel length of less than sixteen inches (16").

     (15) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

inches (26") or barrel length of less than eighteen inches (18").

     (16) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

     (17) "Suitable person" means any person who is not prohibited by state law from possessing

a pistol or revolver. A person may be considered unsuitable if the licensing authority has clear and

convincing evidence that the person is a clear and present danger to himself or herself, or to another

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

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

belief that the person is a member of a criminal street gang as defined in § 12-19-39(a).

     (17)(18) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

automatic weapon and causes the weapon to fire by turning the crank handle.

     (18)(19) "Undetectable firearm" means any firearm that:

     (i) After removal of all parts, other than a major component, is not as detectable by walk-

through metal detectors commonly used at airports or other public buildings; or

     (ii) Any major component of which, if subjected to inspection by the types of detection

devices commonly used at airports or other public buildings for security screening, would not

generate an image that accurately depicts the shape of the component; or

     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into

on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or

markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not

apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.

     11-47-11. License or permit to carry concealed pistol or revolver.

     (a) The licensing authorities of any city or town shall, upon application of any person

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twenty-one (21) years of age or over having a bona fide residence or place of business within the

city or town, or of any person twenty-one (21) years of age or over having a bona fide residence

within the United States and a license or permit to carry a pistol or revolver concealed upon his or

her person issued by the authorities of any other state or subdivision of the United States, issue a

license or permit to the person to carry concealed upon his or her person a pistol or revolver

everywhere within this state for four (4) years from date of issue, if it appears that the applicant has

good reason to fear an injury to his or her person or property or has any other proper lawful reason

for carrying a pistol or revolver, and that he or she is a suitable person to be so licensed, subject to

the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and

lawful reason.

     (1) The license or permit shall be in triplicate in form to be prescribed by the attorney

general and shall bear the fingerprint, photograph, name, address, description, and signature of the

licensee and the reason given for desiring a license or permit and in no case shall it contain the

serial number of any firearm. The original shall be delivered to the licensee.

     (2) The licensing authority shall retain a copy of the permit for its records and send a second

copy to the department of attorney general. All permits issued or renewed pursuant to this section

shall be recorded in the Rhode Island criminal history database, or its successor system.

     (3) Any member of the licensing authority, its agents, servants, and employees shall be

immune from suit in any action, civil or criminal, based upon any official act or decision, performed

or made in good faith in issuing a license or permit under this chapter.

     (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the licensing authority of any city or town shall not provide or release to any individual,

firm, association or corporation the name, address, or date of birth of any person who has held or

currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be

construed to prohibit the release of any statistical data of a general nature relative to age, gender

and racial or ethnic background nor shall it be construed to prevent the release of information to

parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal

or civil action which the person is a party to that action.

     (c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete

application to the applicant along with a written explanation, stating with specificity, why the

application is incomplete.

     (d) The licensing authority shall approve or deny a complete application within ninety (90)

calendar days of receiving it.

     (1) Within seven (7) business days after approval, the license shall be made available for

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the applicant to pick up in person or, at the request and expense of the applicant be delivered by

mail.

     (2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon

which the licensing authority based its decision on and the rationale for the denial.

     (3) Failure by the licensing authority to approve or deny within the time allowed shall

constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other

purpose, and shall create a presumption that no evidence exists indicating that the applicant is

unsuitable.

     (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

or has been expired for less than six (6) months. Any person whose permit has been expired for six

(6) months or more may apply for a new permit under this section.

     (f) Each licensing authority shall make its application available to any person by:

     (1) Posting it on its website, if it has one; and

     (2) Making it immediately available, free of charge, to any person who requests it; and

     (3) Upon request, providing a copy by regular mail using the United States postal service.

     (g) All applications shall require two (2) forms of identification, such as a driver’s license,

state issued non-driver identification card, concealed carry permit issued by any state or political

subdivision of any state, passport, immigration documentation, military identification, student

identification, social security card or a birth certificate. At least one of these must be a government

issued photo identification.

     (1) The licensing authority may only use the applicant’s social security number for the

background check.

     (h) All applications shall include a federal bureau of investigation (FBI) fingerprint card

(FD-258), or successor version, or provide fingerprints by live-scan, with the application, except

that this shall not be a requirement for a renewal applicant.

     (i) All applications shall include a copy of the instructor’s credentials for the instructor who

certified their firing score on their application.

     (j) All licensing authorities of a city or town shall use the following application:

     Application for a concealed carry license pursuant to RIGL § 11-47-11

     Name: __________________________________________________________________

     Address:________________________________________________________________

     (Street and number) (City or town) (State) (ZIP)

     Date of Birth: _________________ Place of Birth_____________________

     Height: __________ Weight: __________ Color hair: ___________ Color eyes: __

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     Are you a citizen of the United States?_____________________

     If you are not a US citizen, please list your admission/INS number: ____________

     ARMY L or RI COMBAT COURSE shooting score: ______________________

     Name and certification number of NRA or RI instructor: _____________________

     Signature of instructor:

     __________________________________________________________

     Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____

     Are you a fugitive from justice (Pursuant to §11-47-2)?______________________

     Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to

§11-47-6)? __________________________

     Have you ever been adjudicated as being mentally incompetent (Pursuant to §11-47-6)?

      _______

     Have you been dishonorably discharged from the United States Military? _______

     To your knowledge, are you prohibited by federal or state law from possessing a firearm?

      __________

     For what lawful purpose do you seek to carry a pistol or revolver?

      ______________________________________________________________

     Applicant's signature:

     ______________________________________________________________

     (See §11-47-23 for penalty for false information provided on this application)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of the Firearms

Act, Chapter 11-47, of the general laws of the State of Rhode Island and that I am aware of the

penalties for violation of the provisions of the cited sections.

     Signed before me under penalties of perjury by____________________, known to me

personally or_did present a valid photo identification card which

was_________________________

     County of _________________

     State of Rhode

     Subscribed and sworn before me this ____ of ________________, 20____

     Notary Public

     Notary Public number:________________

     (k) No licensing authority shall require any additional forms, standards, information,

waivers or other additional requirements unless specifically requested by, or provided by, the

applicant.

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     (l) The licensing authority shall establish and maintain an emergency permit extension on

the renewal application for a license to carry a concealable weapon.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year city or town issued license to carry a

concealable weapon and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the licensing authority prior to the

license expiration date.

     (3) The licensing authority shall, within three (3) business days of receipt of the renewal

application if there is no material change in the renewal application, no material change in need

and no change in applicant’s criminal history, automatically approve and make available the

emergency permit.

     (4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency

permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a concealable weapon will be valid for ninety (90) days

only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

stay or toll the time periods in the renewal process as outlined in subsection (e) of this section.

     11-47-12. License or permit fee.

     A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or

permit to the licensing authority issuing it or the department of attorney general upon issuance. No

additional fees or costs of any type shall be charged or assessed for any reason, except, that the

applicant may be assessed the actual cost charged by the FBI to process their fingerprints. Every

license or permit shall be valid for four (4) years from the date when issued unless sooner revoked,

subject to the emergency permit provisions contained in § 11-47-11. The fee charged for issuing of

the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode

Island the department of attorney general.

     11-47-18. License or permit issued by attorney general on showing of need -- Issuance

to retired police officers.

     (a) The attorney general may shall issue a license or permit to any person twenty-one (21)

years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person

everywhere within this state for four (4) years from the date of issue upon a proper showing of

need, or the applicant has good reason to fear an injury their person or property, or for employment,

and that they are a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and

11-47-15; that license or permit may be issued notwithstanding the provisions of § 11-47-7.

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     (1) No licensing authority shall issue a license to carry a concealed permit to any person in

violation of § 11-47-7 and any license or permit issued shall immediately be revoked.

     (b) All state police officers and permanent members of city and town police forces of this

state who have retired in good standing after at least twenty (20) years of service, or retired in good

standing due to a physical disability other than a psychological impairment, may shall be issued a

license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15.

The term "in good standing" means that at the time of retirement, the police officer was not facing

disciplinary action that could have resulted in his or her termination for misconduct or unfitness for

office. Any member of the licensing authority, and its agents, servants, and employees shall be

immune from suit in any action, civil or criminal, based upon any official act or decision, performed

or made in good faith in issuing and/or denying a license or permit under this chapter.

     (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the attorney general shall not provide or release to any individual, firm, association or

corporation the name, address, or date of birth of any person who has held or currently holds a

license or permit to carry a concealed pistol or revolver. This section shall not be construed to

prohibit the release of any statistical data of a general nature relative to age, gender and racial or

ethnic background nor shall it be construed to prevent the release of information to parties involved

in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action

which said person is a party to such action.

     (d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

or has been expired for less than six (6) months. Any person whose permit has been expired for six

(6) months or more may apply for a new permit under this section.

     (e) The attorney general’s application for a license to carry a pistol or revolver shall be

filled out completely by the applicant, dated and signed by the applicant and notarized.

     (f) The attorney general may request only the following information on the application:

     (1) Applicant’s full name, prior name if legally changed, all nicknames and aliases, full

residence address and mailing address if different from the applicant’s residence. No post office

box addresses may be used for a mailing address.

     (2) All applicant’s available phone numbers, including, but not limited to, business,

cellular, mobile and land line phone numbers.

     (3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and social

security number.

     (4) If the permit is being sought as a condition of employment, the applicant’s occupation,

job description, years of employment and employer’s address and contact information.

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     (5) Applicant’s proof of citizenship, length of citizenship and if applicant is not a citizen

of the United States, a copy of both sides of a current and valid alien registration card or work

authorization card.

     (6) A listing of all of the applicant’s address for the last three (3) years, including the full

address with dates of residence.

     (7) Information relating to the applicants arrest record, including, but not limited to, the

date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition.

     (8) Information relating to the applicants plea of nolo contendere to any charge or violation,

including, but not limited to, the date the applicant was arrested, the name of the city/town or

arresting agency, the state the plea occurred in, the arresting charge and disposition.

     (9) Information relating to the applicants conviction record, including, but not limited to,

the date the applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition.

     (10) Information relating to the applicants indictment in any court for a crime punishable

for more than one year, including, but not limited to, the name of the city/town or indicting agency,

the state of the indictment, the indicting charge and disposition.

     (11) Information relating to the applicant if he/she was ever under a guardianship or been

subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is

under treatment or confinement as a drug addict, including, but not limited to, the dates thereof.

     (12) Information relating to the applicant’s current and prior applications for a permit to

carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any

other state, including, but not limited to, if any permit is active, denied or revoked, with the dates

and reasons thereof. The attorney general may require notarized photocopies of the front and back

of all valid permits.

     (13) All non-resident applicants must include a copy of both the front and the back of their

home state permit, if they have one.

     (g) The attorney general may require only the following with the application from an out-

of-state applicant:

     (1) A dated, signed and notarized typed statement from the applicant outlining the

applicant’s specific reasons and details regarding his or her need for a Rhode Island permit. If the

permit is to be used for employment, a typed and signed letter of explanation must be submitted on

the applicant’s employer’s letterhead and included with the application. In addition, the applicant

must submit a copy of the business license or other such evidence that the business exists.

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     (2) The applicant shall enclose two (2) 1” X 1” pictures of the applicant taken without

headgear or glasses. This photo must be a clear, colored picture of the head and face. The applicant

must print their name on the back of each picture. No laminated photos will be accepted.

     (3) Copies of both the front and the back of two (2) types of positive identification for the

applicant, examples include, but are not limited to, birth certificate, United States Passport, a Rhode

Island or other state driver’s license or a Rhode Island identification card, concealed carry permit

issued by any state or political subdivision of any state, military identification, student identification

or social security card. At least one of these must be a government issued photo identification. The

photocopies submitted must be signed and dated by a notary public attesting to the photocopies as

being true copies.

     (i) The licensing authority may only use the applicant’s social security number for the

background check.

     (4) The application must include the applicant’s full set of fingerprints submitted on a FBI

fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the

application. The fingerprint card must be signed by the applicant. Submission of fingerprints shall

not be necessary for a renewal application

     (5) Three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant. The individuals used as references must include on the letters the

following information: their full names, residence address, phone number with area code and the

years they have known the applicant. An applicant’s reference letter dated more than one hundred

twenty days (120) prior to the date of the permit application will be considered invalid. Reference

letters must be written by the reference, not the applicant, and cannot be identical. Submission of

letters of reference shall not be necessary for a renewal application.

     (6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law

enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A.

instructor or a police range officer must sign and complete the certification which shall include the

date of the qualification, the printed name, phone number of the instructor, instructor N.R.A.

number, the caliber of the weapon and the applicant’s score. An applicant’s qualification

certification dated more than one year prior to the date of the permit application will be considered

invalid.

     (7) A copy of the N.R.A. instructor certification and/or the police officer’s range

certification must be submitted with the application.

     (8) The applicant’s legal residence may be required. The residency requirement may be

satisfied by any one of the following methods: the application may be signed by the applicant’s

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local licensing authority; the application may be signed by the city or town chief of police; the

application may be signed by the city or town clerk; or the applicant may submit a certified or

notarized copy the applicant’s voter registration card.

     (9) The applicant shall sign an affidavit certifying that he or she has read and is familiar

with the provision of the firearms act, §§ 11-47-1 through 11-47-64, inclusive, as amended, and

acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall

further attest that any alteration of the permit is just cause for revocation. The affidavit shall be

dated and notarized and shall indicate the date it was submitted to the licensing authority or the

police department.

     (h) The attorney general shall, within ninety (90) days for an in-state applicant or one

hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application

either approve or deny the application.

     (1) If the application is approved, the attorney general may require the applicant to appear

at the department of attorney general to sign and submit a fingerprint card for the permit.

     (2) If the attorney general denies the application, the applicant shall be notified, either by

mail or by phone, that the entire application is available for pick-up by the applicant. Any denial

shall be in writing and state with specificity the reason(s) and evidence upon which the denial was

based and the rationale for the denial.

     (3) If the attorney general deems the application incomplete, then the applicant shall be

notified, either by mail or by phone, within five (5) business days from submitting the application,

that the entire application is available for pick-up by the applicant along with a written response

stating the reason(s) why the application was deemed incomplete.

     (i) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed under

§ 11-47-18.

     (j) The attorney general’s renewal application for a license to carry a pistol or revolver shall

require the following:

     (1) The applicant must submit a fully complete, signed, dated and notarized renewal

application to the attorney general prior to the expiration date of the permit.

     (2) The renewal application shall include only the information included in subsection (d)(1)

of this section and shall only contain the requirements included in subsection (d)(2) of this section,

with the following exceptions:

     (i) The three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant are not required upon renewal.

     (ii) The fingerprint card requirement is not required upon renewal.

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     (3) The attorney general shall, within sixty (60) days of receipt of the renewal application,

if there is no material change in the applicant’s renewal application, no material change in need and

no change in the applicant’s criminal history, automatically approve the renewal application.

     (k) The attorney general shall establish and maintain an emergency permit extension on the

renewal application for a license to carry a pistol or revolver.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year attorney general license to carry a pistol or

revolver and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the department of attorney general

prior to the license expiration date.

     (3) The attorney general shall, within three (3) business days of receipt of the renewal

application, if there is no material change in the applicant’s renewal application, no material change

in need and no change in applicant’s criminal history, automatically approve and make available

the emergency permit.

     (4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency

permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days

only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted to

stay or toll the time periods in the renewal process as outlined in section (e) of this section.

     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

     11-47-64. Review and appeal of the decision of the licensing authority or attorney

general.

     (a) A decision denying a firearms permit pursuant to either § 11-47-11 or § 11-47-18 shall

be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the

decision has been mailed to the applicant at the address listed on the application.

     (b) An aggrieved individual may submit a written request to reconsider the denial to the

licensing authority or the department of attorney general. Any request for reconsideration must be

submitted within fifteen (15) days after the decision has been mailed to the address provided by the

applicant.

     (1) The licensing authority or the department of attorney general shall schedule and conduct

an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said

meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by

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agreement of the parties and/or for good cause, but in no event exceed sixty (60) days.

     (2) The applicant may submit any supplemental documentation or written evidence relative

to the application, which shall become part of the application.

     (3) The meeting shall be conducted as an informal meeting, not as an administrative

hearing. The licensing authority or the department of attorney general shall receive and consider

documents and other evidence without regard to statutory and common law rules. No stenographic

record, transcription, video, audio or other recording shall be allowed.

     (4) The applicant may be represented by an attorney during the appeal process.

     (5) The licensing authority or the department of attorney general shall within fourteen (14)

days after the meeting mail a decision to the applicant granting or denying the application. Any

denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial

was based and the rationale for the denial.

     (c) An aggrieved individual may submit an appeal of the decision denying a firearms permit

pursuant to the decision of the request to reconsider to the superior court of the State of Rhode

Island for the county in which the licensing authority or attorney general is located, in the form of

a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant

at the address listed on the application.

     (1) The petition for review shall state the grounds upon which review is sought but need

not be verified.

     (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior

court without a jury.

     (3) Within thirty (30) days of the filing of the notice of appeal the licensing authority or

attorney general shall provide a full, complete and certified copy of the application and all

submitted documents to both the petitioner and the superior court.

     (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior

court, shall not be deemed public. All documents, records and proceedings before the licensing

authority, the department of attorney general and the superior court are not open to the public but

may be accessed by law enforcement personnel to be used for law enforcement purposes related to

the appeal only and shall otherwise remain confidential.

     (e) An applicant may have their hearing open to the public upon written request to the

superior court.

     (f) The superior court shall award reasonable attorney fees, costs and filing fees to the

prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the

prevailing applicant if the licensing authority or the department of attorney general did not have a

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good faith basis in the denial of the license or permit.

     SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public

Records" is hereby amended to read as follows:

     38-2-2. Definitions.

     As used in this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

administrative body of the state, or any political subdivision thereof; including, but not limited to:

any department, division, agency, commission, board, office, bureau, authority; any school, fire, or

water district, or other agency of Rhode Island state or local government that exercises

governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

any public agency.

     (2) "Chief administrative officer" means the highest authority of the public body.

     (3) "Public business" means any matter over which the public body has supervision,

control, jurisdiction, or advisory power.

     (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

processing records, computer stored data (including electronic mail messages, except specifically

for any electronic mail messages of or to elected officials with or relating to those they represent

and correspondence of or to elected officials in their official capacities), or other material regardless

of physical form or characteristics made or received pursuant to law or ordinance or in connection

with the transaction of official business by any agency. For the purposes of this chapter, the

following records shall not be deemed public:

     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

relationship, including all medical information relating to an individual in any files.

     (b) Personnel and other personal individually identifiable records otherwise deemed

confidential by federal or state law or regulation, or the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

however, with respect to employees, and employees of contractors and subcontractors working on

public works projects that are required to be listed as certified payrolls, the name, gross salary,

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

remuneration in addition to salary, job title, job description, dates of employment and positions

held with the state, municipality, or public works contractor or subcontractor on public works

projects, employment contract, work location, and/or project, business telephone number, the city

LC004826 - Page 14 of 19

or town of residence, and date of termination shall be public. For the purposes of this section

"remuneration" shall include any payments received by an employee as a result of termination, or

otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For

purposes of this section, the city or town residence shall not be deemed public for peace officers,

as defined in § 12-7-21, and shall not be released.

     (II) Notwithstanding the provisions of this section, or any other provision of the general

laws to the contrary, the pension records of all persons who are either current or retired members

of any public retirement systems, as well as all persons who become members of those retirement

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

section, shall include all records containing information concerning pension and retirement benefits

of current and retired members of the retirement systems and future members of said systems,

including all records concerning retirement credits purchased and the ability of any member of the

retirement system to purchase retirement credits, but excluding all information regarding the

medical condition of any person and all information identifying the member's designated

beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries

have received or are receiving pension and/or retirement benefits through the retirement system.

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

or corporation that is of a privileged or confidential nature.

     (C) Child custody and adoption records, records of illegitimate births, and records of

juvenile proceedings before the family court.

     (D) All records maintained by law enforcement agencies for criminal law enforcement and

all records relating to the detection and investigation of crime, including those maintained on any

individual or compiled in the course of a criminal investigation by any law enforcement agency.

Provided, however, such records shall not be deemed public only to the extent that the disclosure

of the records or information (a) Could reasonably be expected to interfere with investigations of

criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair

trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted

invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a

confidential source, including a state, local, or foreign agency or authority, or any private institution

that furnished information on a confidential basis, or the information furnished by a confidential

source; (e) Would disclose techniques and procedures for law enforcement investigations or

prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or

(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records

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relating to management and direction of a law enforcement agency and records or reports reflecting

the initial arrest of an adult and the charge or charges brought against an adult shall be public.

     (E) Any records that would not be available by law or rule of court to an opposing party in

litigation.

     (F) Scientific and technological secrets and the security plans of military and law

enforcement agencies, the disclosure of which would endanger the public welfare and security.

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

charitable contribution to the public body whenever public anonymity has been requested of the

public body with respect to the contribution by the contributor.

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

collective bargaining.

     (I) Reports and statements of strategy or negotiation with respect to the investment or

borrowing of public funds, until such time as those transactions are entered into.

     (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant

to chapter 46 of title 42.

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

products, including those involving research at state institutions of higher education on commercial,

scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided,

however, any documents submitted at a public meeting of a public body shall be deemed public.

     (L) Test questions, scoring keys, and other examination data used to administer a licensing

examination, examination for employment or promotion, or academic examinations; provided,

however, that a person shall have the right to review the results of his or her examination.

     (M) Correspondence of or to elected officials with or relating to those they represent and

correspondence of or to elected officials in their official capacities.

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

evaluations made for or by an agency relative to the acquisition of property or to prospective public

supply and construction contracts, until such time as all of the property has been acquired or all

proceedings or transactions have been terminated or abandoned; provided the law of eminent

domain shall not be affected by this provision.

     (O) All tax returns.

     (P) All investigatory records of public bodies, with the exception of law enforcement

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

actions taken, provided that all records prior to formal notification of violations or noncompliance

shall not be deemed to be public.

LC004826 - Page 16 of 19

     (Q) Records of individual test scores on professional certification and licensing

examinations; provided, however, that a person shall have the right to review the results of his or

her examination.

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

     (S) Records, reports, opinions, information, and statements required to be kept confidential

by federal law or regulation or state law or rule of court.

     (T) Judicial bodies are included in the definition only in respect to their administrative

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

from the operation of this chapter.

     (U) Library records that, by themselves or when examined with other public records, would

reveal the identity of the library user requesting, checking out, or using any library materials.

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing

or speech impaired.

     (W) All records received by the insurance division of the department of business regulation

from other states, either directly or through the National Association of Insurance Commissioners,

if those records are accorded confidential treatment in that state. Nothing contained in this title or

any other provision of law shall prevent or be construed as prohibiting the commissioner of

insurance from disclosing otherwise confidential information to the insurance department of this

or any other state or country, at any time, so long as the agency or office receiving the records

agrees in writing to hold it confidential in a manner consistent with the laws of this state.

     (X) Credit card account numbers in the possession of state or local government are

confidential and shall not be deemed public records.

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

provided under any subpoena issued under § 9-1.1-6.

     (Z) Any individually identifiable evaluations of public school employees made pursuant to

state or federal law or regulation.

     (AA) All documents prepared by school districts intended to be used by school districts in

protecting the safety of their students from potential and actual threats.

     (BB) All documents, records and any records of proceedings generated pursuant to any

appeal brought under § 11-47-64, before a licensing authority, the department of attorney general

or the superior court.

LC004826 - Page 17 of 19

     SECTION 4. 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

***

     This act would define suitable person for purposes of possessing and having a concealed

carry pistol permit, would establish reasons for applying for a carry permit for both in-state and

out-of-state residents, would establish what information is required on applications for carry

permits, establish an appeal process when an application is denied and provides that records relating

to carry permits and appeals is not a public record.

     This act would take effect upon passage.

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