2022 -- S 2733

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LC005052

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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: Senator Maryellen Goodwin

     Date Introduced: March 24, 2022

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons" is

hereby amended to read as follows:

     11-47-5. Possession of firearms by certain persons prohibited.

     (a) No person shall purchase, own, carry, transport, or have in his or her possession any

firearm if that person:

     (1) Has been convicted in this state or elsewhere of a crime of violence;

     (2) Has been convicted in this state or elsewhere of conduct that would be in violation of §

11-47-8;

     (2)(3) Is a fugitive from justice;

     (3)(4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted

of an offense punishable as a felony under § 12-29-5; or

     (4)(5) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted

of any of the following offenses punishable as a misdemeanor under § 12-29-5:

     (i) Simple assault (§ 11-5-3);

     (ii) Cyberstalking and cyberharassment (§ 11-52-4.2);

     (iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or

     (iv) Disorderly conduct (§ 11-45-1).

     (A) A disorderly conduct conviction shall result in prohibition under this section if and

only if the offense involves the use or attempted use of force or the threatened use of a dangerous

weapon.

     (5)(6) The provisions of this subsection shall apply to all persons who enter a plea of nolo

contendere to or have been convicted of any of the offenses specified in subsections (a)(3)(4) and

(a) (4)(5) of this section, unless and until that person's matter has been expunged, or upon the

completion of the sentence of a one-year filing, or the end of a one-year probationary period that

no longer constitutes a conviction pursuant to § 12-18-3.

     (b) No person shall purchase, carry, transport, or have in his or her possession any firearm

if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8,

or an equivalent order in this state or elsewhere, which order was issued after the person restrained

has received notice of the proceedings and had an opportunity to be heard.

     (c) No person who is in community confinement pursuant to the provisions of § 42-56-

20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of

parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection

shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere

to) a crime of violence in a court of competent jurisdiction.

     (d) Every person violating the provisions of this section shall, upon conviction, be punished

by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided

in this section he or she shall not be afforded the benefit of suspension or deferment of sentence

nor of probation.

     SECTION 2. 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 disqualify individuals with prior convictions for possession of a firearm

without a license from purchasing or possessing a firearm.

     This act would take effect upon passage.

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