2022 -- S 2637

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LC004686

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     

     Introduced By: Senators Goodwin, Miller, Coyne, DiMario, Lawson, Cano, Kallman,
Murray, Quezada, and Zurier

     Date Introduced: March 10, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-30, 11-47-33, 11-47-35.2 and 11-47-37 of the General Laws

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

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     11-47-30. Sale, transfer or delivery of firearms to minors Transfer or delivery of

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firearms to minors.

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     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

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cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18) years

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of age, when the person knows or has reason to know that the recipient is under eighteen (18) years

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of age, except for the limited purposes set forth in §§ 11-47-33 and 11-47-34 and with the prior

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approval or consent of the parent or legal guardian of the minor.

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     (b) Every person violating this section shall be punished, upon conviction, by

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imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions

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of this section shall not apply to any federally and state licensed retail dealer who makes reasonable

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efforts to verify a purchaser's age and shall not apply to the sale of an air rifle, air pistol, "blank

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gun" or "BB gun."

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     11-47-33. Possession of firearms by minors.

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     (a) It shall be unlawful within this state for any person under eighteen (18) years of age to

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possess and use any firearm unless he or she shall hold a permit as provided in § 11-47-34, and

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unless the person is in the presence of a parent or guardian or supervising adult at any regular and

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recognized camp or rifle range approved by the Rhode Island state police or by the chief of police

 

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of the city or town in which the camp or rifle range is located; provided, that this provision shall

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not apply to minors engaged in lawful hunting activity under the supervision of a parent or guardian

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or qualified adult, minors participating in Reserve Officer Training Corps programs, ceremonial

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parade activities, competitive and target shooting, participants in state militia activities and minors

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participating in a basic firearms education program; provided, further, that a person under eighteen

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(18) years of age may carry a firearm, unloaded, in a suitable case to and from his or her home and

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the camp or range and from the camp or range to other camp or range when accompanied by a

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parent, guardian or supervising adult.

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     (b) For purposes of this section only, "qualified adult" means any person twenty-one (21)

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years of age or older and permitted by law to possess and use the firearm.

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     11-47-35.2. Sale of rifles/shotguns.

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     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have

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elapsed from twelve o'clock (12:00) noon of the day following the day of application for the

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purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

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the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the

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United States and/or lawful resident of this state who is eighteen (18) twenty-one (21) years of age

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or older, and any nonresident member of the armed forces of the United States who is stationed in

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this state and who is eighteen (18) twenty-one (21) years of age or older, may, upon application,

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purchase or acquire a rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle

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the purchaser shall complete and sign in triplicate and deliver to the seller the application form

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described in this section, and in no case shall it contain the serial number of the rifle or shotgun.

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(Face of application form)

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Application to Purchase Shotgun or Rifle

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Date ………………………………………… Hour ………………………………… A.M. P.M.

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Name

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Address

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

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Date of Birth Place of Birth

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Height Weight Color hair

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Color eyes

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Scars

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Tattoos

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Other identifying marks

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Are you a citizen of the United States

 

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Are you a citizen of Rhode Island

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How long

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Where stationed

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(Armed Forces only)

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Number of rifles and/or shotguns to be purchased

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Have you ever been convicted of a crime of violence

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(See § 11-47-2 General Laws of Rhode Island)

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Have you ever been adjudicated or under confinement as addicted to a controlled substance

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Have you ever been adjudicated or under confinement for alcoholism

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Have you ever been confined or treated for mental illness

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From whom is shotgun or rifle being purchased

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Seller's address

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Seller's signature

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Applicant's signature

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

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(Reverse side of application form)

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     AFFIDAVIT: I certify that I have read and am familiar with the provisions of §§ 11-47-1

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-- 11-47-59, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the

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penalties for violation of the provisions of the cited sections.

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     Signed

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     County of

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     State of Rhode Island

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     Subscribed and sworn before me this ……… day of ……. A.D. 20..

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      Notary Public

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      ......................................

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     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and

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forward by registered mail or by delivery in person, or by electronic mail if approved by the

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applicable police department, the original and duplicate copies of the application to the chief of

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police in the city or town in which the purchaser has his or her residence or to the superintendent

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of the Rhode Island state police in the instance where the purchaser either resides in the town of

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Exeter or resides out of state. The superintendent of the Rhode Island state police or the chief of

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police in the city or town in which the purchaser has his or her residence shall mark or stamp the

 

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original copy of the application form with the date and time of receipt and return it by the most

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expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7)

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days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the

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attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly

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receipted by the police authority to whom sent or delivered for a period of six (6) years with other

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records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the

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application form is sent or delivered to make a background check of the applicant to ascertain

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whether he or she falls under the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If,

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after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application,

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no disqualifying information has been received from the investigating police authority by the

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person who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the

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purchaser. Upon the finding of no disqualifying information under the provisions of the above cited

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sections of this chapter, and in no case later than thirty (30) days after the date of application, the

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duplicate and triplicate copies of the application will be destroyed. Retention of the duplicate and

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triplicate copies in violation of this chapter or any unauthorized use of the information contained

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in them by a person or agency shall be punishable by a fine of not more than one thousand dollars

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($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

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licensed retail dealers, nor to purchases by retail dealers duly licensed under the provisions of § 11-

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47-39.

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     (c) The provisions of this section shall not apply to full-time members of the state police,

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full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

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47-11, or to sales of air rifles or "BB guns" or to sales of antique firearms as defined in § 11-47-2.

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     11-47-37. Sale to minors and others forbidden.

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     No person shall sell a pistol or revolver firearm to any person under the age of twenty-one

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(21) or to one who he or she has reasonable cause to believe falls under the provisions of § 11-47-

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5, 11-47-6, 11-47-7, or 11-47-23.

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

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by adding thereto the following sections:

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     11-47-37.1. Persons exempt from age restrictions.

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     The provision of § 11-47-35.2 prohibiting the sale of rifles and shotguns to any person

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under twenty-one (21) years of age and the provisions of § 11-47-37 shall not apply to full-time

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members of the state police, full-time members of the state marshal's office, full-time members of

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city or town police departments, or state marshals or correctional officers or persons while serving

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on active duty as a member of the United States armed forces or organized reserved or National

 

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Guard.

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     11-47-64. Sale of ammunition.

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     (a) For the purposes of this section "ammunition" means a loaded cartridge, consisting of

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a primed case, propellant or projectile, designed for use in any firearm as defined in § 11-47-2.

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     (b) No person, firm or corporation shall sell ammunition to any person unless such person

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is twenty-one (21) years of age or older and holds a valid pistol/revolver safety certificate issued

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by the department of environmental management.

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     (c) The provisions of subsection (b) of this section shall not apply to full-time members of

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the state police, full-time members of the state marshal's office, full-time members of city or town

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police departments, or state marshals or correctional officers or persons licensed to carry a firearm

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pursuant to §§ 11-47-11 or 11-47-18.

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     (d) Any person who violates any provision of this section shall be guilty of a felony and

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may be punished by up to five (5) years imprisonment and/or a five thousand dollar ($5,000) fine.

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     SECTION 3. Section 11-47-34 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby repealed.

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     11-47-34. Firearms permits to minors.

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     The Rhode Island state police or the chief of police of the city or town in which the person

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resides shall issue permits to any person under eighteen (18) years of age only upon satisfactory

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proof of being engaged in a course of training in the use of firearms at a regular and recognized

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camp or rifle range, and provided that the person has the written consent of a parent or guardian.

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Valid membership cards of junior gun clubs or of junior divisions of senior gun clubs incorporated

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in the state of Rhode Island shall be prima facie evidence of the person under eighteen (18) years

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of age being engaged in a course of training in the use of firearms at a regular and recognized camp

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or rifle range.

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     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

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     This act would increase the age from eighteen (18) to twenty-one (21) years for lawful sale

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of firearms or ammunition. Full-time law enforcement, state marshals and members of the U.S.

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military would be exempt from these prohibitions.

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     This act would take effect upon passage.

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