A N A C T
RELATING TO CRIMINAL OFFENSES -- WEAPONS
It is enacted by the General Assembly as follows:
"SECTION 1. Sections 11-47-5.1, 11-47-30, and 11-47-31 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:
11-47-5.1. Larceny of a firearm -- (a) Every person who shall steal any firearm shall be deemed guilty of larceny. Firearm, as utilized in this section only, shall not apply to an air rifle, air pistol, "blank gun," or "BB gun." Every person violating the provisions of this section shall be punished sentenced, upon conviction, by imprisonment for to not less than one year nor more than five (5) ten (10) years; and for penalties provided in this section he or she shall not be afforded the provisions of suspension or deferment of sentence nor of probation.
(b) No person shall steal any firearm as defined in this section and then sell, lend, or transfer such firearm or firearms. Any person convicted of violating the provisions of this subsection shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years, and further provided that the sentence shall be consecutive to any other sentence he or she may receive or is serving.
11-47-30. Sale, transfer or delivery of firearms to minors -- It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18) years of age, when said person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in sections 11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
Every person violating this section shall be punished upon conviction by imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of an air rifle, air pistol, "blank gun" or "BB gun."
11-47-31. Sale, transfer or delivery of ammunition to minors -- It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any ammunition, including any priming charge of powder, propelling charge of powder, or any form of missile or projectile to be ejected from a firearm to any person under eighteen (18) years of age, when said person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in sections 11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
Every person violating this section shall be punished upon conviction by imprisonment for a term not to exceed ten (10) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser's age and shall not apply to the sale of ammunition for an air rifle, air pistol, "blank gun" or "BB gun."
SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section:
11-47-3.2. Using a firearm when committing a crime of violence. - (a) No person shall use a firearm while committing or attempting to commit a crime of violence. Every person violating the provisions of this section shall be punished:
(1) for the first offense by imprisonment for ten (10) years, however, if the violation was committed by use of a machine gun as defined in section 11-47-2(6), the term of imprisonment shall be thirty (30) years;
(2) for a second conviction under this section by imprisonment for twenty (20) years, however, if the violation was committed by use of a machine gun as defined in section 11-47-2(6), the term of imprisonment shall be life; and
(3) for a third or subsequent conviction, the person shall be sentenced to life, or life without the possibility of parole by the sentencing judge after consideration of aggravating and mitigating circumstances contained in sections 12-19.2-3 and 12-19.2-4.
Any sentence imposed upon a person pursuant to this section shall be imposed consecutively to and not concurrently with any sentence imposed for the underlying crime or attempted crime, and the person shall not be afforded the benefits of deferment of sentence or parole, provided, however, that unless sentenced to life without the possibility of parole pursuant to subsection (a)(3) of this section, a person sentenced to life under this section may be granted parole.
(b) Every person who, while committing an offense violating paragraph (a) above, discharges a firearm shall be guilty of a felony and be imprisoned as follows:
(1) ten (10) years, if no injury to any other person results from the discharge;
(2) twenty (20) years, if a person other than a police officer is injured by the discharge of the firearm, or if a police officer who is engaged in the performance of his or her duty is deliberately endangered by the person's discharge of the firearm; and
(3) life, if a police officer who is engaged in the performance of his or her duty is injured by the discharge of the firearm, or if the death or permanent incapacity of any person (other than the person convicted) results from the discharge of the firearm.
(c) The penalties defined in subsection (b) shall run consecutively, and not concurrently, to any other sentence imposed and notwithstanding the provisions of Chapter 13-8, the person shall not be afforded the benefits of deferment of sentence or parole, provided, however, that a person sentenced to life under subsection (b)(3) may be granted parole.
SECTION 3. This act shall take effect upon passage and shall only apply to those offenses that take effect after the date of passage."