Chapter 379 |
2022 -- S 2804 Enacted 06/29/2022 |
A N A C T |
RELATING TO CRIMINAL OFFENSES -- WEAPONS |
Introduced By: Senator Stephen R. Archambault |
Date Introduced: March 24, 2022 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons" is |
hereby amended to read as follows: |
11-47-9. Persons exempt from restrictions. |
(a) The provisions of § 11-47-8 shall not apply to sheriffs; deputy sheriffs; the |
superintendent and members of the state police; members of the Rhode Island airport police |
department; members of the Rhode Island state marshals; Rhode Island state fire marshal; chief |
deputy state fire marshals; deputy state fire marshals assigned to the bomb squad, and those |
assigned to the investigation unit; Providence fire department arson investigators, provided that the |
investigator receiving the permit is a graduate of a police-training academy; correctional officers, |
chief inspector and inspectors within the office of inspections, within the department of corrections; |
members of the city or town police force; capitol police investigators of the department of attorney |
general appointed pursuant to § 42-9-8.1; the witness protection coordinator for the witness |
protection review board as set forth in chapter 30 of title 12 and subject to the minimum |
qualifications of § 42-9-8.1; automobile theft investigators of the Rhode Island state police pursuant |
to § 31-50-1; railroad police while traveling to and from official assignments or while on |
assignments; conservation officers; or other duly appointed law enforcement officers; nor to |
members of the Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, |
or organized reserves, when on duty; nor to members of organizations by law authorized to |
purchase or receive firearms from the United States or this state, provided these members are at, or |
going to or from, their places of assembly or target practice; nor to officers or employees of the |
United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal |
investigator carrying sidearms or a concealed firearm in the performance of his or her official duties |
under the authority of the commanding officer of the military establishment in the state of Rhode |
Island where he or she is employed by the United States; nor to any civilian guard carrying sidearms |
or a concealed firearm in the performance of his or her official duties under the authority of the |
adjutant general where he or she is employed guarding a national guard facility, provided, that the |
commanding officer of the military establishment shall have on file with the attorney general of |
this state a list of the names and addresses of all civilian guards and criminal investigators so |
authorized; nor to duly authorized military organizations when on duty; nor to members when at, |
or going to or from, their customary places of assembly; nor to any individual employed in the |
capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or |
investigator at any project owned or operated by a municipal detention facility corporation, |
including the Donald W. Wyatt Detention Facility; nor to the regular and/or ordinary transportation |
of pistols or revolvers as merchandise; nor to any person while transporting a pistol, or revolvers, |
unloaded from the place of purchase to their residence;, or place of business, from their residence |
to their place of business or from their place of business to their residence, or to a federal firearms |
licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any |
police station or other location designated as a site of a bona fide "gun buy-back" program, but only |
if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily |
or directly accessible from the passenger compartment of such vehicle while transporting same and |
further provided, that in the case of a vehicle without a compartment separate from the passenger |
compartment, the firearm or the ammunition shall be stored in a locked container. |
(b) Persons exempted by the provisions of this section from the provisions of § 11-47-8 |
shall have the right to carry concealed firearms everywhere within this state; provided, that this |
shall not be construed as giving the right to carry concealed firearms to a person transporting |
firearms as merchandise or as household or business goods. |
SECTION 2. Section 12-7-21 of the General Laws in Chapter 12-7 entitled "Arrest" is |
hereby amended to read as follows: |
12-7-21. "Peace officer" defined. |
"Peace officer," as used within this chapter, means the following individuals or members |
of: |
(1) Rhode Island state police; |
(2) Any member of a municipal or local police department; |
(3) Rhode Island airport corporation police; |
(4) Rhode Island park police; |
(5) Rhode Island capitol police; |
(6) Rhode Island conservation officers; |
(7) Rhode Island department of environmental management officers; |
(8) Rhode Island fire marshals; |
(9) Brown University police officers; |
(10) University of Rhode Island campus police officers; |
(11) Rhode Island College campus security; |
(12) Campus security at the Community College of Rhode Island; |
(13) Rhode Island sheriff's department; |
(14) The investigators of the department of attorney general appointed pursuant to § 42-9- |
8.1; |
(15) Any federal law enforcement officer; |
(16) Correctional investigators, chief inspector and inspectors within the office of |
inspections, and correctional officers of the Rhode Island department of corrections; |
(17) The witness protection coordinator of the department of attorney general; |
(18) The warden, associate wardens, majors, captains, lieutenants, sergeants, correctional |
officers and investigators employed by a project operated by a municipal detention facility |
corporation, including, but not limited to, the Donald W. Wyatt Detention Facility; provided, such |
parties listed in this subsection (18) herein shall be deemed to be peace officers while in |
performance of their duties for the municipal detention facility only, and shall not be deemed to be |
peace officers at any time when they are not in performance of said duties; |
(19) Retired non-permanent sworn members of any municipal police department shall be |
deemed to be peace officers only while in the performance of their duties for any municipal police |
department, and shall be permitted to carry their firearm while in the performance of their duties |
for the municipal police department, and shall be subject to in-service training requirements of title |
42, chapter 28; |
(20) Auto theft investigators appointed pursuant to § 31-50-1; |
(21) Providence fire department arson investigators; provided, that the arson investigator |
is a graduate of a police-training academy; and |
(22) Rhode Island School of Design police officers. |
SECTION 3. This act shall take effect upon passage. |
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LC005327 |
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