Chapter 009 |
2020 -- H 7102 SUBSTITUTE A
AS AMENDED |
A N A C T |
RELATING TO CRIMINAL OFFENSES - WEAPONS |
Introduced By: Representatives Serpa, Caldwell, McEntee, McKiernan, and Blazejewski |
Date Introduced: January 15, 2020 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" |
is 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. |
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U.S.C. § 921. |
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automatic weapon and is designed to fire one round on the pull of the trigger and another round |
upon release of the trigger. |
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standard stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to |
rapidly fire the weapon. |
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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. |
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"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. |
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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. |
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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. |
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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. |
(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. |
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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. |
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inches (26") or barrel length of less than sixteen inches (16"). |
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six inches (26") or barrel length of less than eighteen inches (18"). |
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accept, and borrow, and "purchasing" shall be construed accordingly. |
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automatic weapon and causes the weapon to fire by turning the crank handle. |
(18) "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. |
SECTION 2. Section 11-47-8 of the General Laws in Chapter 11-47 entitled "Weapons" |
is hereby amended to read as follows: |
11-47-8.
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License or permit required for carrying pistol -- Other weapons prohibited. |
(a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47- |
12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her |
person whether visible or concealed, except in his or her dwelling house or place of business or |
on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of |
these sections shall not apply to any person who is the holder of a valid license or permit issued |
by the licensing authority of another state, or territory of the United States, or political |
subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any |
vehicle or conveyance or on or about his or her person whether visible or concealed, provided the |
person is merely transporting the firearm through the state in a vehicle or other conveyance |
without any intent on the part of the person to detain him or herself or remain within the state of |
Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as |
otherwise provided in this chapter. Every person violating the provision of this section shall, upon |
conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by |
a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this |
section, shall not be afforded the provisions of suspension or deferment of sentence, nor a |
probation. |
(b) No person shall have in his or her possession or under his or her control any sawed- |
off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this |
subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five |
thousand dollars ($5,000), or both. |
(c) No person shall have in his or her possession or under his or her control any firearm |
while the person delivers, possesses with intent to deliver, or manufactures a controlled |
substance. Any person convicted of violating this subsection shall be punished by imprisonment |
for not less than two (2) years nor more than twenty (20) years, and the sentence shall be |
consecutive to any sentence the person may receive for the delivery, possession with intent to |
deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of |
this subsection that a person has a license or permit to carry or possess a firearm. |
(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, |
trigger crank, or any other device that when attached to a semi-automatic weapon allows full- |
automatic fire. Individuals who possess these items shall have ninety (90) days from the |
enactment of this section to either sell, destroy, or otherwise remove these items from the state of |
Rhode Island. Every person violating the provisions of this section shall, upon conviction, be |
punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to |
ten thousand dollars ($10,000), or both, and, except for a first conviction under this section, shall |
not be afforded the provisions of suspension or deferment of sentence, nor a probation. |
(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have |
under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D |
printing process. Any person convicted of violating this subsection shall be punished by |
imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), |
or both and except for a first conviction under this section shall not be afforded the provisions of |
suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to |
federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives |
(ATF) regulations. |
SECTION 3. Severability. If any provision of this act or the application thereof to any |
person or circumstances is held invalid, such invalidity shall not affect any other provisions or |
applications of this act, which can be given effect without the invalid provision or application, |
and to this end the provisions of this act are declared to be severable. |
SECTION 4. This act shall take effect upon passage and its provisions shall be |
enforceable
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LC003660/SUB A/2 |
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