2022 -- S 2976 | |
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LC005851 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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Introduced By: Senator Maryellen Goodwin | |
Date Introduced: May 19, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-47-2, 11-47-3.2 and 11-47-42 of the General Laws in Chapter |
2 | 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 |
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1 | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, |
2 | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
3 | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
4 | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- |
5 | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a |
6 | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit |
7 | any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
8 | offense under § 12-29-5. |
9 | (6) "Electric arm" means a handheld device that transmits an electric charge from the |
10 | device to a person, including a stun gun or a taser. |
11 | (6)(7) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," |
12 | "BB gun," electric arm or other instrument from which steel or metal projectiles are propelled, or |
13 | that may readily be converted to expel a projectile, except crossbows, recurve, compound, or |
14 | longbows, and except instruments propelling projectiles that are designed or normally used for a |
15 | primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed |
16 | as a firearm under the provisions of this section. |
17 | (7)(8) "Fugitive from justice" means any person who has fled from any state, territory, the |
18 | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
19 | or to avoid giving testimony in any criminal proceeding. |
20 | (8)(9) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial |
21 | number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
22 | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
23 | not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
24 | required to have a serial number in accordance with the federal Gun Control Act of 1968. |
25 | (9)(10) "Licensing authorities" means the board of police commissioners of a city or town |
26 | where the board has been instituted, the chief of police or superintendent of police of other cities |
27 | and towns having a regular organized police force, and, in towns where there is no chief of police |
28 | or superintendent of police, it means the town clerk who may issue licenses upon the |
29 | recommendation of the town sergeant, and it also means any other person or body duly authorized |
30 | by the city or town charter or by state law. |
31 | (10)(11) "Machine gun" means any weapon that shoots, is designed to shoot, or can be |
32 | readily restored to shoot automatically more than one shot, without manual reloading, by a single |
33 | function of the trigger. The term also includes the frame or receiver of the weapon, any combination |
34 | of parts designed and intended for use in converting a weapon into a machine gun, and any |
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1 | combination of parts from which a machine gun can be assembled if the parts are in the possession |
2 | or under the control of a person. |
3 | (11)(12) "Major component" means, with respect to a firearm: |
4 | (i) The slide or cylinder or the frame or receiver of the firearm; and |
5 | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
6 | (12)(13) "Person" includes an individual, partnership, firm, association, or corporation. |
7 | (13)(14) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
8 | with overall length less than twenty-six inches (26"), but does not include any pistol or revolver |
9 | designed for the use of blank cartridges only. |
10 | (14)(15) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches |
11 | (26") or barrel length of less than sixteen inches (16"). |
12 | (15)(16) "Sawed-off shotgun" means any shotgun with overall length of less than twenty- |
13 | six inches (26") or barrel length of less than eighteen inches (18"). |
14 | (16)(17) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire, |
15 | accept, and borrow, and "purchasing" shall be construed accordingly. |
16 | (17)(18) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi- |
17 | automatic weapon and causes the weapon to fire by turning the crank handle. |
18 | (18)(19) "Undetectable firearm" means any firearm that: |
19 | (i) After removal of all parts, other than a major component, is not as detectable by walk- |
20 | through metal detectors commonly used at airports or other public buildings; or |
21 | (ii) Any major component of which, if subjected to inspection by the types of detection |
22 | devices commonly used at airports or other public buildings for security screening, would not |
23 | generate an image that accurately depicts the shape of the component; or |
24 | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
25 | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
26 | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
27 | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
28 | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
29 | 11-47-3.2. Using a firearm when committing a crime of violence. |
30 | (a) No person shall use a firearm while committing or attempting to commit a crime of |
31 | violence. Every person violating the provisions of this section shall be punished: (1) for the first |
32 | offense by imprisonment for ten (10) years; however, if the violation was committed by use of a |
33 | machine gun as defined in § 11-47-2(10) § 11-47-2, the term of imprisonment shall be thirty (30) |
34 | years; (2) for a second conviction under this section by imprisonment for twenty (20) years; |
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1 | however, if the violation was committed by use of a machine gun as defined in § 11-47-2(10) § 11- |
2 | 47-2, the term of imprisonment shall be life; and (3) for a third or subsequent conviction, the person |
3 | shall be sentenced to life, or life without the possibility of parole by the sentencing judge after |
4 | consideration of aggravating and mitigating circumstances contained in §§ 12-19.2-3 and 12-19.2- |
5 | 4. Any sentence imposed upon a person pursuant to this section shall be imposed consecutively to |
6 | and not concurrently with any sentence imposed for the underlying crime or attempted crime, and |
7 | the person shall not be afforded the benefits of deferment of sentence or parole; provided, that |
8 | unless sentenced to life without the possibility of parole pursuant to subdivision (3) of this |
9 | subsection, a person sentenced to life under this section may be granted parole. |
10 | (b) Every person who, while committing an offense violating subsection (a) of this section, |
11 | discharges a firearm shall be guilty of a felony and be imprisoned as follows: |
12 | (1) Ten (10) years, if no injury to any other person results from the discharge; |
13 | (2) Twenty (20) years, if a person other than a police officer is injured by the discharge of |
14 | the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately |
15 | endangered by the person's discharge of the firearm; |
16 | (3) Life, if a police officer who is engaged in the performance of his or her duty is injured |
17 | by the discharge of the firearm; and |
18 | (4) Life, if the death or permanent incapacity of any person (other than the person |
19 | convicted) results from the discharge of the firearm; provided that, involuntary manslaughter shall |
20 | not be considered a "crime of violence" for the purpose of subdivision (b)(4) only. |
21 | (c) The penalties defined in subsection (b) of this section shall run consecutively, and not |
22 | concurrently, to any other sentence imposed and, notwithstanding the provisions of chapter 8 of |
23 | title 13, the person shall not be afforded the benefits of deferment of sentence or parole; provided, |
24 | that a person sentenced to life under subdivision (b)(3) or (b)(4) of this section may be granted |
25 | parole. |
26 | 11-47-42. Weapons other than firearms prohibited. |
27 | (a)(1) No person shall carry or possess or attempt to use against another any instrument or |
28 | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal |
29 | knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons. |
30 | (2) No person shall with intent to use unlawfully against another, carry or possess a |
31 | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to |
32 | cut and stab another. |
33 | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned |
34 | instruments or weapons, or any razor, or knife of any description having a blade of more than three |
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1 | (3) inches in length measuring from the end of the handle where the blade is attached to the end of |
2 | the blade, or other weapon of like kind or description. |
3 | Any person violating the provisions of these subsections shall be punished by a fine of not |
4 | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, |
5 | and the weapon so found shall be confiscated. |
6 | Any person violating the provisions of these subsections while he or she is incarcerated |
7 | within the confines of the adult correctional institutions shall be punished by a fine of not less than |
8 | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment |
9 | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be |
10 | confiscated. |
11 | (b) No person shall sell to a person under eighteen (18) years of age, without the written |
12 | authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill, |
13 | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung- |
14 | fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description |
15 | having a blade of more than three inches (3") in length as described in subsection (a) of this section, |
16 | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly |
17 | known as a Chinese throwing star, except that an individual who is actually engaged in the |
18 | instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged |
19 | star with sharpened edges for the sole purpose of instructional use. Any person violating the |
20 | provisions of this subsection shall be punished by a fine of not less than one thousand dollars |
21 | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one |
22 | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. |
23 | SECTION 2. This act shall take effect upon passage. |
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LC005851 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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1 | This act would define "electric arm" as a handheld device that transmits an electric charge |
2 | from the device to a person, including a stun gun or a taser, subject to the various protections of |
3 | firearms and would remove stun gun from the list of prohibited weapons. |
4 | This act would take effect upon passage. |
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LC005851 | |
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